Money claim by Lowell portfolio LTD

[Shelly85enes]

Re: Money claim by Lowell portfolio LTD

Yes I have aknowleged the AOS
And should I just hand write the letter asking for the default notice
In regarding the 02 phone bill and Signed by me.
And if they do not reply within 7 days what is the next step.

Is there a chance I am able to contact Lowell my self in regarding the outstanding balance and try to get them down to what the original outstanding balance was in 2011 and agree to pay a monthly fee of what it is I could afford
Thankyou

[nemesis45]

Re: Money claim by Lowell portfolio LTD

Yes I have aknowleged the AOS
And should I just hand write the letter asking for the default notice
In regarding the 02 phone bill and Signed by me.
And if they do not reply within 7 days what is the next step.

Is there a chance I am able to contact Lowell my self in regarding the outstanding balance and try to get them down to what the original outstanding balance was in 2011 and agree to pay a monthly fee of what it is I could afford
Thankyou

There's a TEMPLATE for the CPR request in the green box above it's the DN, the Agreement mentioned in the POC, and the notice of assignment you require. Yes you can hand write it.

Contacting Lowell by phone is not a good idea really, they wont want to listen to your side of the story.

I think is would be worth waiting to see just what Lowell has in the way of documentation (if any) to back up their claim.

nem



Does telephoning O2 pose a problem for you as you are not in the UK?

[Amethyst]

Re: Money claim by Lowell portfolio LTD

It is completely up to you if you want to defend or if you want to negotiate with Lowell. If it is statute barred then that is a complete defence - the disclosure of documents less so but they do need to evidence they have the rights to the debt and that the debt is owed by you. They are usually quite open to negotiation - remember they probably paid less than 20% for the debt - you must ensure it is full and final and ask for a consent / tomlin order so that the claim is either held in court while you make installment payments, or discontinued if you pay a lump sum, so that you don't end up paying and having a CCJ against you.

[Kati]

Re: Money claim by Lowell portfolio LTD

OK [MENTION=87500]Shelly85enes[/MENTION] has acknowledged the claim:



so .. now she's got to send a CPR letter to Lowell Solicitors following the link Ame posted up (http://legalbeagles.info/forums/show...ic-information)

[nemesis45]

Re: Money claim by Lowell portfolio LTD

OK @Shelly85enes has acknowledged the claim:



so .. now she's got to send a CPR letter to Lowell Solicitors following the link Ame posted up (http://legalbeagles.info/forums/show...ic-information)

Thanks [MENTION=49370]Kati[/MENTION] She has said acknowledged in post #1.

nem

[Shelly85enes]

Re: Money claim by Lowell portfolio LTD

Ok so I shall send this
But with my details of course
With recorded delivery and wait to here back from them is that right
Sorry to ask I'm not good with this stuff especially not being in the U.K. My father will write it all for me

our name
Your address
Your postcode

Date

Claimants name
Claimants address
Claimants postcode


Dear Sirs,

Claim Number: XXXXXX

Request for documents mentioned in a statement of case under CPR 31.14

On xx/xx/xxxx I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on XX XXXX 201X

[Amethyst]

Re: Money claim by Lowell portfolio LTD

See below; I've just completed the letter for you xxx

our name
Your address
Your postcode

Date

Claimants name
Claimants address
Claimants postcode


Dear Sirs,

Claim Number: XXXXXX

Request for documents mentioned in a statement of case under CPR 31.14

On xx/xx/xxxx I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on Tuesday, 2 August 2016, being the;

1. Agreement / Contract
2. Default Notice
3. Notice of Assignment

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I , as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

You should also be aware that I believe the alleged debt to be statute barred pursuant to section 5 of the Limitations Act 1980.

I look forward to hearing from you.

Yours sincerely




Your Name

[Kati]

Re: Money claim by Lowell portfolio LTD

Ok so I shall send this
But with my details of course
With recorded delivery and wait to here back from them is that right
Sorry to ask I'm not good with this stuff especially not being in the U.K. My father will write it all for me

our name
Your address
Your postcode

Date

Claimants name
Claimants address
Claimants postcode


Dear Sirs,

Claim Number: XXXXXX

Request for documents mentioned in a statement of case under CPR 31.14

On xx/xx/xxxx I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on XX XXXX 201X

You can ask for any documents they mention in the PoC ... in yours, this means the Agreement, the Default Notice and the Notice of Assignment :nod:

You have 33 days from the date of issue on the claim form ... that gives you until (http://www.timeanddate.com/date/date...aw=&ad=33&rec=):

From Thursday, 30 June 2016
Added 33 days

---

Result: Tuesday, 2 August 2016

to enter your defence on MCOL xx

[Shelly85enes]

Re: Money claim by Lowell portfolio LTD

Just typing the letter up now

Which date has to go in here the date today or when the when the money claim was sent or the one when the debt got handed over to Lowell

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on XX XXXX 201X

[Kati]

Re: Money claim by Lowell portfolio LTD

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on 2 August 2016

The date for your defence will be 2 August 2016 (33 days after the issue date) :tinysmile_twink_t2:

[Shelly85enes]

Re: Money claim by Lowell portfolio LTD

Ok thankyou you guys are great 🙏🏻🙏🏻 I sent a copy of my letter by mail to you Kati is this all ok to send now once I filled that date in xx

[Kati]

Re: Money claim by Lowell portfolio LTD

Ok thankyou you guys are great  I sent a copy of my letter by mail to you Kati is this all ok to send now once I filled that date in xx

Looks good to go to me Shelly :thumb: xx

[Shelly85enes]

Re: Money claim by Lowell portfolio LTD

perfect thankyou so much so ı wıll waite to here back from them wıth all the informatıon and we can go from there then

[Amethyst]

Re: Money claim by Lowell portfolio LTD

If you don't hear back from them before say 25th July come back on here as you will still need to put in a defence before the deadline ( 2nd August )or they could still obtain a judgment in default against you. And of course if you do hear anything else in the meantime post back on here too.

[Shelly85enes]

Re: Money claim by Lowell portfolio LTD

ok thats great thanks agaın you been a great help today