Court Claim - Lowell/Lowell Solicitors

[Kinth]

I have an ongoing court claim with Lowell. I requested documents over two weeks ago and they have yet to send me them.
Today I received a Notice of Proposed Allocation to the Small Claims Track. Which I must submit by March 21st (judging by the date on the form this was meant to reach me much earlier).

I am at a loss for what to do. I am 95% sure the debt is statute barred and I think Lowell are either holding out on the documents or just don't have them.

[nemesis45]

Re: Court Claim - Lowell/Lowell Solicitors

Good Morning,

What type of account does the alleged debt arise from? What is the amount claimed?
When was the claim issued?
What " requests " have you sent CCA and or CPR 31.14 ?
What else have you done so far Defence filed?

Statute Barred - England and Wales 6 year with no payments or written acknowledgment of a debt, any payment or acknowledgment resets the 6 year " clock to zero. A County Court Claim stops the " clock" on the date of issue.

Have you checked your credit files to check the information registered? If not you can check Noddle Free Online.

nem

[Kinth]

Re: Court Claim - Lowell/Lowell Solicitors

The claim was originally issued in January. On the 7th.

The debt was originally to 02 over a mobile phone contract.

I have submitted a defence on the grounds of Statute Barred. The default date on Noddle shows 19/05/2010, The last payment and acknowledgement of the debt was nov 19th 2009. I did notice that they updated the debt on 22nd of February though. It used to be the bottom account on my Noddle now it is at the top.

I submitted a CPR request on the 4th of February. So it's been over a month now. I received a reply from Lowell Solicitors on 22nd stating they have requested them from Lowell and will send them on receipt.

[nemesis45]

Re: Court Claim - Lowell/Lowell Solicitors

The claim was originally issued in January. On the 7th.

The debt was originally to 02 over a mobile phone contract.

I have submitted a defence on the grounds of Statute Barred. The default date on Noddle shows 19/05/2010, The last payment and acknowledgement of the debt was nov 19th 2009. I did notice that they updated the debt on 22nd of February though. It used to be the bottom account on my Noddle now it is at the top.

I submitted a CPR request on the 4th of February. So it's been over a month now. I received a reply from Lowell Solicitors on 22nd stating they have requested them from Lowell and will send them on receipt.

Lowell will undoubtedly claim that the date the account fell into default or the date the account was terminated started the relevant 6 year period.

19th of which month 2009 was the last payment made?

nem

[Kinth]

Re: Court Claim - Lowell/Lowell Solicitors

19th of November 2009 was the last payment date. Is there anything I can do about them not sending me the requested documents ? By law which is correct, the last acknowledgement or the default date?

EDIT: I have jut sent me their directions questionnaire so they obviously aren't having any trouble getting mail to me.

[nemesis45]

Re: Court Claim - Lowell/Lowell Solicitors

19th of November 2009 was the last payment date. Is there anything I can do about them not sending me the requested documents ? By law which is correct, the last acknowledgement or the default date?

EDIT: I have jut sent me their directions questionnaire so they obviously aren't having any trouble getting mail to me.

To enforce the CPR request would need an application to the court £155 no doubt Lowell would defend and this could leave with more costs.

The start of the relevant 6 year period varies with the type of debt, confusion has been caused by an Appeal Court ruling in which the court ruled that the date of termination was the start of the relevant 6 year period. However this ruling was in regard to an Hire Purchase agreement but debt purchasers will attempt to use this ruling.

With service contracts a creditor issues a Final Demand or Invoice and this can be argued to be the start of the 6 year period.

You can write to Lowell Solicitors and invite them to advise their " client " to discontinue the claim because you believe the alleged debt is statute barred, now there is no guarantee as to what answer Lowell will give, If they disagree it would be your belief against theirs.

nem

[Kinth]

Re: Court Claim - Lowell/Lowell Solicitors

Finally got a response from Lowell, still not sent me the documents.

They are claiming I made a payment on 14th of April 2011. I have an online bank statement that shows one payment on April 14th 2011 and it wasn't to any debt. Checked all dates either side for 2 months as well just to be certain.

What can I do with this information ?

[nemesis45]

Re: Court Claim - Lowell/Lowell Solicitors

Finally got a response from Lowell, still not sent me the documents.

They are claiming I made a payment on 14th of April 2011. I have an online bank statement that shows one payment on April 14th 2011 and it wasn't to any debt. Checked all dates either side for 2 months as well just to be certain.

What can I do with this information ?

Challenge the alleged payment.

How much do they claim was paid? Does the amount you paid match what Lowell claim has been paid.

nem

[MIKE770]

Re: Court Claim - Lowell/Lowell Solicitors

Phantom payments by lowell again!

[nemesis45]

Re: Court Claim - Lowell/Lowell Solicitors

Phantom payments by lowell again!

Just can't help it can they Mike!!

n em

[MIKE770]

Re: Court Claim - Lowell/Lowell Solicitors

No - infancy state they are in! layball: