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Hi,
I wonder if anyone could advise me about an issue I am having with Lowell Financiall? Over two years ago their solicitor Brian Carter threatened to take me to court over an unpaid overdraft approx. £500. I wrote back to them at the time, following advise from FlamingParrot, requesting they supply copies of the documents they would rely on in court, using the template below;
"Dear Sirs,
Ref: xxxxxxxx
Thank you for your letter dated xx/xxx/2014, the contents of which I have noted.
Since your letter refers to litigation, it is being treated as a letter before action, albeit a defective one. I refer you to the Civil Procedure Rules Pre-Action Protocol practice direction, you will note your letter fails to comply with the Protocol.
I refer you to paragraph 1 of the Protocol, which states that its purpose is to “enable the parties to settle the issues between them” and to encourage the parties to “exchange information”. If proceedings are issued, the court will take into account failure to comply with the Protocol.
Paragraph 2.2 (1) of Annex A of the Protocol refers to your obligation to “list the essential documents on which the Claimant intends to rely” in your letter of claim. I could not identify any such list in your letter of claim. Please list your documents so that I can see the case against me and request copies of anything that I need to assist me in narrowing the issues in this matter.
Paragraph 3.2 (3) of Annex A of the Protocol allows me to “request further information to enable (me) to provide a full response”. My request is for documents as the information that I seek is within those documents. Paragraph 5.1 of Annex A states that you should “provide the documents requested by the defendant within as short a period of time as is practicable or explain in writing why the documents will not be provided”.
For the avoidance of doubt the documents that I require are as follows:
1. A copy of the original credit agreement(s);
2. A copy of the Default Notice(s);
3. A copy of the Termination Notice(s);
4. A copy of the Notice(s) of Assignment;
5. Copies of statements;
6. Copies of any communication between yourselves and the creditor.
The documents listed above are all ones that I would expect to be disclosed during the course of proceedings and which should be in your possession when drafting a claim, so their production should not cause any difficulty. If you do consider that there is difficulty in providing a copy of a document please identify that document and the reason for its non disclosure at this stage.
Upon receipt of the documents requested and your reply to the above I will respond with the grounds for my defence so that the issues can be identified.
I anticipate being able to provide you with a full response to your aforementioned letter within 14 days of receipt of the documents listed above and also reserve the right to refer to the contents of this letter if proceedings are issued without first providing copy documents to me.
Yours sincerely"
Their solicitor replied that they had reverted the matter back to their clients, and Lowell replied that they would get back to me in due time. All of this correspondance being conducted through my current address.
Ive heard nothing from then since, until I recieved some letters forwarded from my old address, dated over the last several months, the latest of which says that they have been trying to contact me to repay the debt and that if I they dont hear from me by the 13th June they will issue court proceedings. They make NO mention of the documents I have requested , indeed it's as if our previous correspondance doesn't exist. They write that they are contacting me at my old address as a credit search has told them that I still live there despite living at my current address for nearly five years and they corresponding with me here.
If anyone could advice me on how to respond to them and their ignoring of our previous correspondance I would be very grateful as I have to get a letter off to them tomorrow in order to reach them by the 15th.
Thank you,
Eternal Ostrich.
- - - Updated - - -
*by the 13th
I wonder if anyone could advise me about an issue I am having with Lowell Financiall? Over two years ago their solicitor Brian Carter threatened to take me to court over an unpaid overdraft approx. £500. I wrote back to them at the time, following advise from FlamingParrot, requesting they supply copies of the documents they would rely on in court, using the template below;
"Dear Sirs,
Ref: xxxxxxxx
Thank you for your letter dated xx/xxx/2014, the contents of which I have noted.
Since your letter refers to litigation, it is being treated as a letter before action, albeit a defective one. I refer you to the Civil Procedure Rules Pre-Action Protocol practice direction, you will note your letter fails to comply with the Protocol.
I refer you to paragraph 1 of the Protocol, which states that its purpose is to “enable the parties to settle the issues between them” and to encourage the parties to “exchange information”. If proceedings are issued, the court will take into account failure to comply with the Protocol.
Paragraph 2.2 (1) of Annex A of the Protocol refers to your obligation to “list the essential documents on which the Claimant intends to rely” in your letter of claim. I could not identify any such list in your letter of claim. Please list your documents so that I can see the case against me and request copies of anything that I need to assist me in narrowing the issues in this matter.
Paragraph 3.2 (3) of Annex A of the Protocol allows me to “request further information to enable (me) to provide a full response”. My request is for documents as the information that I seek is within those documents. Paragraph 5.1 of Annex A states that you should “provide the documents requested by the defendant within as short a period of time as is practicable or explain in writing why the documents will not be provided”.
For the avoidance of doubt the documents that I require are as follows:
1. A copy of the original credit agreement(s);
2. A copy of the Default Notice(s);
3. A copy of the Termination Notice(s);
4. A copy of the Notice(s) of Assignment;
5. Copies of statements;
6. Copies of any communication between yourselves and the creditor.
The documents listed above are all ones that I would expect to be disclosed during the course of proceedings and which should be in your possession when drafting a claim, so their production should not cause any difficulty. If you do consider that there is difficulty in providing a copy of a document please identify that document and the reason for its non disclosure at this stage.
Upon receipt of the documents requested and your reply to the above I will respond with the grounds for my defence so that the issues can be identified.
I anticipate being able to provide you with a full response to your aforementioned letter within 14 days of receipt of the documents listed above and also reserve the right to refer to the contents of this letter if proceedings are issued without first providing copy documents to me.
Yours sincerely"
Their solicitor replied that they had reverted the matter back to their clients, and Lowell replied that they would get back to me in due time. All of this correspondance being conducted through my current address.
Ive heard nothing from then since, until I recieved some letters forwarded from my old address, dated over the last several months, the latest of which says that they have been trying to contact me to repay the debt and that if I they dont hear from me by the 13th June they will issue court proceedings. They make NO mention of the documents I have requested , indeed it's as if our previous correspondance doesn't exist. They write that they are contacting me at my old address as a credit search has told them that I still live there despite living at my current address for nearly five years and they corresponding with me here.
If anyone could advice me on how to respond to them and their ignoring of our previous correspondance I would be very grateful as I have to get a letter off to them tomorrow in order to reach them by the 15th.
Thank you,
Eternal Ostrich.
- - - Updated - - -
*by the 13th
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