Struck out

[Hifiman2007]

Hello I'm new to this. Received claim from lowelss solicitors in feb 2016. Requested copy of credit agreement and assignment. Also completed defence and sent back my DQ. Lowell's did not return theirs and court wrote to them on 11 April giving them 7 days. They did not reply so claim was struck out on 11 may 2016. Hooray. However I recived a letter from Lowell's yesterday saying that they enclose a copy of the DQ that they returned to the court on 22 may. As the case is struck out what will happen with their DQ? Many thanks

[R0b]

Re: Struck out

Do you have confirmation of the claim being struck out from the court? If it is struck out then it is up to Lowell to make an application for relief

[Hifiman2007]

Re: Struck out

Yes. Its on my online home page at mcol. It says " the claim against you was struck out on 11 may 2016. Lowell's still never responded to my request for paperwork. Neither did cap quest prior to them. But its from 1997 I'm told.

[nemesis45]

Re: Struck out

Hello I'm new to this. Received claim from lowelss solicitors in feb 2016. Requested copy of credit agreement and assignment. Also completed defence and sent back my DQ. Lowell's did not return theirs and court wrote to them on 11 April giving them 7 days. They did not reply so claim was struck out on 11 may 2016. Hooray. However I recived a letter from Lowell's yesterday saying that they enclose a copy of the DQ that they returned to the court on 22 may. As the case is struck out what will happen with their DQ? Many thanks

Hi,

Was this claim handled by Lowell Solicitors Ltd. Northampton?

nem

[Hifiman2007]

Re: Struck out

Claim form says Lowell portfolio I ltd. Letter is from Lowell solicitors Northampton.

Thanks

[nemesis45]

Re: Struck out

Claim form says Lowell portfolio I ltd. Letter is from Lowell solicitors Northampton.

Thanks

I thought as much, Lowell Solicitors have a habit ( formed even in the short time since it inherited claims previously handled by Bryan Carter LLP) of filing late if at all then seeking relief from sanctions at the last minute.

You need to contact the court asap to see if Lowell Solicitors has filed an application for relief, if they have personally I would try to oppose it.

nem

[Hifiman2007]

Re: Struck out

Thank you. I have emailed the court requesting the information and indicated I would want to oppose it, if it is the case. As they have failed to produce credit agreements etc is it worth paying a solicitor to Send a letter direct to them? Is it possible to claim costs against them for this or is this far to dramatic.!

Thanks for the advice.

Dan.

[nemesis45]

Re: Struck out

Thank you. I have emailed the court requesting the information and indicated I would want to oppose it, if it is the case. As they have failed to produce credit agreements etc is it worth paying a solicitor to Send a letter direct to them? Is it possible to claim costs against them for this or is this far to dramatic.!

Thanks for the advice.

Dan.

Are the costs significant.

nem

- - - Updated - - -

Thank you. I have emailed the court requesting the information and indicated I would want to oppose it, if it is the case. As they have failed to produce credit agreements etc is it worth paying a solicitor to Send a letter direct to them? Is it possible to claim costs against them for this or is this far to dramatic.!

Thanks for the advice.

Dan.

Are the costs significant.

nem

[Hifiman2007]

Re: Struck out

If I'm honest I don't know what a solicitors letter would cost me. But the alleged debt is just under 6k and so I'm thinking it may be worth involving a solicitor for a a fee if it strengthens my side of the argument and makes Lowell think twice.. I've been to court before and a judge threw case out as there was no credit agreement ever provided. I'm thinking this may be same outcome but really want to avoid court if possible

[nemesis45]

Re: Struck out

If I'm honest I don't know what a solicitors letter would cost me. But the alleged debt is just under 6k and so I'm thinking it may be worth involving a solicitor for a a fee if it strengthens my side of the argument and makes Lowell think twice.. I've been to court before and a judge threw case out as there was no credit agreement ever provided. I'm thinking this may be same outcome but really want to avoid court if possible

Getting any part of Lowell to think once is difficult enough, you may find a solicitor who will do one off letter for you at a fixed fee.

nem

[Amethyst]

Re: Struck out

You could give Howlett Clarke's a try - I know they are looking at setting up fixed fee's for some CCA small claims work, though I don't have the full list as yet or know if they can do just a letter for this stage ( might be easier if a cca specialist just gave Lowell a call tbh ) - could be worth a chat with them anyway - try speak to Paul Tilley (@pt2537) or James Leighton - http://lbcompare.co.uk/listing/howle...icitors-llp-4/

[Hifiman2007]

Re: Struck out

Thanks for all the advice. If Lowell's are successful in opening the struck out case I shall contact solicitors that have been reccomended.

Many thanks

[mystery1]

Re: Struck out

Thanks for all the advice. If Lowell's are successful in opening the struck out case I shall contact solicitors that have been reccomended.

Many thanks

Screenshot the MCOL page, confirm with a phone call to Northampton , file away and get on with your life. If they wish to get relief from the sanction they must act quickly or they're very unlikely to get it. You'll be notified by the court if they do.

M1

[Hifiman2007]

Re: Struck out

Spoke to court. Confirmed struck out. No contact as yet from Lowell's at all. And our sending me an email to confirm case struck out.

Thanks

[Amethyst]

Re: Struck out

It will be a case of waiting and seeing if Lowell do apply to the court to vary the order - they have 7 days from the strike out notification reaching them, but they are likely to get some leaway on that - so check again with the court in a couple weeks. Otherwise, a tentative congrats, try not to be worrying about it in the meantime.