Help please with lowell

[rehtaeh57]

Can someone help please. I have received a Claim Form from County Court Business Centre dated 26 April 2016.
The claimant is Lowell Portfolio Ltd. and the solicitors are Lowell Solicitors Ltd. The original creditor is J D Williams.

The particulars of the claim are :

1. The defendant entered into Consumer Credit Act 1974 regulated agreement with JD Williams under a/c ref......

2. The defendant failed to maintain the required payments and a default notice was served and not complied with.

3. The Agreement was later assigned to the Claimant on 6.3.2015 and notice given to the Defendant.

4. Despite repeated requests for payment the sum of £1191.66 remains due and outstanding.

And the Claimant claims
a) the said sum of £1191.66
b) interest pursuant to s69 County Courts Act 1984 at the rate of 8%per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.261, but limited to one year, being £95.33
c) costs

This was for a faulty 3 piece suite in the early part of 2013. To cut a long story short, the suite was never collected (despite me contacting numerous tiimes)) and the process has gone on since then.

I haven't got copies of any letters or emails sent or received from JD Williams.

Reading your threads, do I need to:

1. Acknowledge to Court saying I intend to defend all of this claim?

2. Send CCA request to the claimant enclosing £1?

3. Send a CPR request to the claimants solicitors?

I cannot recall receiving any default notice or letter of assignment (I could be wrong because this has driven me mad, with repeated phone calls and annual statements from Lowells, who were not interested in the story behind it, just the monies due, they told me to contact JD Williams again (with whom I obviously had had no joy).

With grateful thanks in advance

[rehtaeh57]

Urgent help with lowell please

Have now had a letter from Lowells solicitors saying "Please find enclosed copy of Directions Questionnaire which we have now lodged with the Court. You should have received a copy of same for review and completion. The Court will use the information contained in both our copy and yours to make decisions about how the case should proceed. I f you have any questions or wish to discuss this further please contact us on 0113 ....".

I have not received a copy of this "for review and completion".

I did, however acknowledge to the Court saying I intend to defend, and also sent a CCA request to the claimant enclosing £1.

Am now totally confused, please advise me what to do next, thanks

[rehtaeh57]

Urgent help with lowells please

Can someone help please. I have received a Claim Form from County Court Business Centre dated 26 April 2016.
The claimant is Lowell Portfolio Ltd. and the solicitors are Lowell Solicitors Ltd. The original creditor is J D Williams.

The particulars of the claim are :

1. The defendant entered into Consumer Credit Act 1974 regulated agreement with JD Williams under a/c ref......

2. The defendant failed to maintain the required payments and a default notice was served and not complied with.

3. The Agreement was later assigned to the Claimant on 6.3.2015 and notice given to the Defendant.

4. Despite repeated requests for payment the sum of £1191.66 remains due and outstanding.

And the Claimant claims
a) the said sum of £1191.66
b) interest pursuant to s69 County Courts Act 1984 at the rate of 8%per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.261, but limited to one year, being £95.33
c) costs

This was for a faulty 3 piece suite in the early part of 2013. To cut a long story short, the suite was never collected (despite me contacting numerous tiimes)) and the process has gone on since then.

I haven't got copies of any letters or emails sent or received from JD Williams.

Reading your threads, do I need to:

1. Acknowledge to Court saying I intend to defend all of this claim?

2. Send CCA request to the claimant enclosing £1?

3. Send a CPR request to the claimants solicitors?

I cannot recall receiving any default notice or letter of assignment (I could be wrong because this has driven me mad, with repeated phone calls and annual statements from Lowells, who were not interested in the story behind it, just the monies due, they told me to contact JD Williams again (with whom I obviously had had no joy).

With grateful thanks in advance

I posted this a couple of weeks ago (but think it went in the wrong forum as I never got any replies?). I have since acknowledged to the Court saying intend to defend, and sent a CCA request to the claimant enclosing £1. I have now received this a few days ago:

Have now had a letter from Lowells solicitors saying "Please find enclosed copy of Directions Questionnaire which we have now lodged with the Court. You should have received a copy of same for review and completion. The Court will use the information contained in both our copy and yours to make decisions about how the case should proceed. I f you have any questions or wish to discuss this further please contact us on 0113 ....".

I have not received a copy of this "for review and completion".

Am now totally confused, please advise me what to do next, thanks

[nemesis45]

Re: Urgent help with lowells please

Can someone help please. I have received a Claim Form from County Court Business Centre dated 26 April 2016.
The claimant is Lowell Portfolio Ltd. and the solicitors are Lowell Solicitors Ltd. The original creditor is J D Williams.

The particulars of the claim are :

1. The defendant entered into Consumer Credit Act 1974 regulated agreement with JD Williams under a/c ref......

2. The defendant failed to maintain the required payments and a default notice was served and not complied with.

3. The Agreement was later assigned to the Claimant on 6.3.2015 and notice given to the Defendant.

4. Despite repeated requests for payment the sum of £1191.66 remains due and outstanding.

And the Claimant claims
a) the said sum of £1191.66
b) interest pursuant to s69 County Courts Act 1984 at the rate of 8%per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.261, but limited to one year, being £95.33
c) costs

This was for a faulty 3 piece suite in the early part of 2013. To cut a long story short, the suite was never collected (despite me contacting numerous tiimes)) and the process has gone on since then.

I haven't got copies of any letters or emails sent or received from JD Williams.

Reading your threads, do I need to:

1. Acknowledge to Court saying I intend to defend all of this claim?

2. Send CCA request to the claimant enclosing £1?

3. Send a CPR request to the claimants solicitors?

I cannot recall receiving any default notice or letter of assignment (I could be wrong because this has driven me mad, with repeated phone calls and annual statements from Lowells, who were not interested in the story behind it, just the monies due, they told me to contact JD Williams again (with whom I obviously had had no joy).

With grateful thanks in advance

Hi welcome to LB,
Are you saying you have not acknowledged service of the claim?

On what date did you receive the claim form?

You had 14 days from the date the claim was issued to respond to the claim?

Lowell have no idea about any disputes and wont have any interest in them.

nem

[rehtaeh57]

Re: Urgent help with lowells please

Hi, yes I did acknowledge to court. Sorry am not good with technology. I seem to have put in 2 posts - please look at the latest one with more details and the letter received

[nemesis45]

Re: Urgent help with lowells please

Hi, yes I did acknowledge to court. Sorry am not good with technology. I seem to have put in 2 posts - please look at the latest one with more details and the letter received

OK I'll ask for the threads to be merged so we get the full story.

nem
[MENTION=49370]Kati[/MENTION] [MENTION=6]Amethyst[/MENTION] please can the threads be merged.

nem

[Kati]

Re: Urgent help with lowells please

Hi, yes I did acknowledge to court. Sorry am not good with technology. I seem to have put in 2 posts - please look at the latest one with more details and the letter received

OK I'll ask for the threads to be merged so we get the full story.

nem
@Kati @Amethyst please can the threads be merged.

nem

sorted (I think) xx

[nemesis45]

Re: Urgent help with lowells please

sorted (I think) xx

Thank You [MENTION=49370]Kati[/MENTION]

[piratepeter63]

Re: Help please with lowell

hi rehtaeh,
im having problems with lowells over a vodafone account, dont worry, now you have stated that you will defend the claim in full , they will email you wanting a mediation with you, stating which dates and says it will take a hour, and it will be by someone who is not legally trained, hello how low can they stoop just trying to catch you out.

[piratepeter63]

Re: Help please with lowell

rehteah,
take a look at this on you tube, dont know how to post the link bit of a computer novice. lawful rebellion-english courts are a scam,

[nemesis45]

Re: Help please with lowell

hi rehtaeh,
im having problems with lowells over a vodafone account, dont worry, now you have stated that you will defend the claim in full , they will email you wanting a mediation with you, stating which dates and says it will take a hour, and it will be by someone who is not legally trained, hello how low can they stoop just trying to catch you out.

This advice is flawed. Lowell cannot offer mediation, any mediation would be via HMCTS Small Claims Mediation Service, the mediators are specially trained for their roll.
A mediator cannot give legal advice and is there to put the points that both claimants and defendant want to discuss.
The mediators are not there to " catch any one out".

It is clear piratepeter that you don't know anything about the process, which is offered by the court system not the claimant in any case.

nem

[nemesis45]

Re: Help please with lowell

rehteah,
take a look at this on you tube, dont know how to post the link bit of a computer novice. lawful rebellion-english courts are a scam,

I presume you are referring to some of the freemen on/of the Land nonsense that's shown up on you tube again recently?

[charitynjw]

Re: Help please with lowell

Although I try to have respect for the opinions of others, unfortunately, the law/legal system 'is what it is'.

Meads v Meads (2012 ABQB 571 CanLII), Court of Queen’s Bench of Alberta, 18 September 2012) would be an example.

[OPCA = Organised Pseudolegal Commercial Arguement(s)]

Associate Chief Justice J. D. Rooke

[4] OPCA litigants do not express any stereotypic beliefs other than a general rejection of court and state authority; nor do they fall into any common social or professional association. Arguments and claims of this nature emerge in all kinds of legal proceedings and all levels of Courts and tribunals. This group is unified by:

1. a characteristic set of strategies (somewhat different by group) that they employ,

2. specific but irrelevant formalities and language which they appear to believe are (or portray as) significant, and

3. the commercial sources from which their ideas and materials originate.

This category of litigant shares one other critical characteristic: they will only honour state, regulatory, contract, family, fiduciary, equitable, and criminal obligations if they feel like it. And typically, they don’t.

[5] The Meads case illustrates many characteristic features of OPCA materials, in court conduct, and litigation strategies. These Reasons will, therefore, explain my June 8, 2012 decision and provide analysis and reasoning that is available for reference and application to other similar proceedings.

[6] Naturally, my conclusions are important for these parties. However, they also are intended to assist others, who have been taken in/duped by gurus, to realize that these practices are entirely ineffective; to empower opposing parties and their counsel to take action; and as a warning to gurus that the Court will not tolerate their misconduct.

[rehtaeh57]

Re: Help please with lowell

Am definitely losing the plot here! So presumably ignore what pirate Peter said, and do what next?

[nemesis45]

Re: Help please with lowell

Am definitely losing the plot here! So presumably ignore what pirate Peter said, and do what next?

For "Freemen on/of the land" read discredited nutters on the land. Everything these people say will only cause you trouble.

If this matter gets as far as mediation some thing about the process.

1. You will get a call from the mediation service they will ask about your ability to mediate, most importantly " do you have all the information to enable you to enter into mediation" i.e. the contract/agreement etc. mentioned in the particulars of the claim.
If you can answer yes mediation will not go forward.

2. The mediators are specially trained for their roll, they are not lawyers/solicitors or judges and cannot give legal advice. Their stance is neutral.

3. Their purpose is to guide " negotiations" between the parties to a claim, fairly and reasonably.

4. If you are unsure, feel intimidated or are worried about the way the mediation is going you can stop it at any point.

5. The outcome: If you reach agreement with the claimant the usual process is to draw a consent ( Tomlin) order setting down the terms of the agreement ( this can be the claimant agrees to discontinue the claim, you make an affordable and sustainable offer of payment).

6. The order is sent to both parties for signature then to the court to be sealed, once this is done the order is binding on both parties. No CCJ is made.

7. Nothing discussed by the parties in mediation can be used in court.

Important: If you breach the terms of a consent order ( even just on missed payment) the claimant can apply for summary judgment against you.

This process and the court process if no agreement/decision is made is not a scam and no one is trying to catch you out!!

nem