Lowell Portfolio I Ltd v dasher13

[dasher13]

Re: Lowell Portfolio I Ltd v dasher13

Very good advice thank you. I will do that now. I have all the other receipts from the letters to Lowell that they did not reply to as well so I will make copies and also save on the computer too.

Thanks again.

I guess (after checking tomorrow that everything is in order from the court's end) I just wait...is that right? What will happen next?

[R0b]

Re: Lowell Portfolio I Ltd v dasher13

assuming the court receives it before 1pm, the court will then file your defence and counterclaim and send it to Lowell, they will then have to decide to proceed with their claim and defend your counterclaim. Even if they withdrew their claim, they are still required to file a defence to the counterclaim itself.

The fact that they do not have the documents and have already issued proceedings is an issue for them I think. Just because they purchase bad debt in bulk does not mean that they can go around flouting the rules of the court and issuing claims without any real basis and/or evidence. Hopefully your letters will prove this is the case, and they will either have to defend your claim and pursue theirs, or they might seek to discontinue and settle yours.

Mediation is unlikely because you have no documents so the only option would be trial. As the High Court has ruled already on issuing claims without having the proper knowledge to do so, the county court ought to be bound to follow it and strike out as an abuse of process.

But lets not get ahead of ourselves, see what comes up first. You could out of courtesy email lowell your defence and counterclaim if you wished to do so and explain that a copy has been sent in the post to the court, just as a heads up of your intentions

[dasher13]

Re: Lowell Portfolio I Ltd v dasher13

ok thanks! if it were you would you send the defence and counter-claim to Lowell?! I guess they will see it soon enough anyway...would it also demonstrate good intentions on my part in a way particularly when they have failed to reply to any of my letters nor stick to the law by not doing so!

[dasher13]

Re: Lowell Portfolio I Ltd v dasher13

Hi R0b,

Just a quick one should I have or should I now make a CPR 18 request? I'm a bit confused about this.

Also I have seen references to Deed of Assignment and Deed of Novation. Should I request these from Lowell and if so are there template letters available?

Thanks again in advance.

[R0b]

Re: Lowell Portfolio I Ltd v dasher13

Part 18 requests don't apply to small claims under £10k

Deed of assignment and Novation are two separate things and is one or the other. If this was novated it means Lowell takes on both benefits and liabilities and requires you to agree also and sign the agreement whereas an assignment only transfers the benefit to Lowell and not any burden which stays with the original creditor.

It is highly unlikely that a novation would have occurred because you would have been required to agree and sign it have they made reference to a novation in any letters to you? I would stop worrying too much about other people's issues on here, you will get yourself confused and referencing things that are not applicable makes you look like you don't know what you are doing.

[dasher13]

Re: Lowell Portfolio I Ltd v dasher13

Ok fully understand and thank you. I will stop reading all the other threads...as you say doing so is making me look foolish and leading me to worry that I haven't done all the things I should have when I know thanks to your advice and other members on here I have.

I still just can't get over the fact that Lowell have just completely ignored my letters. How are they allowed to get away with it given that it seemingly happens all the time?

Thanks again. I do not mean to be a pain it is just all confusing and worrying.

[R0b]

Re: Lowell Portfolio I Ltd v dasher13

No worries

Each of the threads posted on here may be similar to each other but could also be completely different, and some rules may only apply over others if the criteria are met. It seems common practice that Lowell and other companies ignore requests for information, in most instances probably because they haven't got anything to hand. Of course it doesn't help them because as I've pointed out, it could be considered unreasonable conduct and may incur further unnecessary costs by you and a waste of court resources so it opens them up to a possible costs order against them.

At the moment, just make sure your letter has been signed for so that your defence and counterclaim will be filed. You said you also emailed so that should be enough but either way just make sure it has been sent to court to prevent a default judgment.

As to your other question about whether I would defend and counterclaim? If I was in the same position as you then I would most likely done the same. Claims like these rest on balance of probability and also you have to weigh up the risks of defending or admitting to the claim. Debt purchasers will buy bad debt in bulk and then issue claims in bulk without even contemplating whether they have a case or not. The example of your claim here being that they have asserted a number of things in their POC but have so far failed to respond or acknowledge your requests for the information provided.

If they had the documents to hand then they would have no doubt supplied you with them by now but they more than likely don't. Because they are only given account numbers and limited information, they don't know what other information could crop up but that should be investigated before a claim is issued by them. Hence if they issue without carrying any sort of investigation, then that will amount to an abuse of process and now the recognition of malicious prosecution which enables you to claim damages for claims brought without merit and maliciously.

You have to realise these businesses spend money on bulk debt so they want to recoup as much as that back as quick as possible. Spending time investigating claims and waiting for documents to show up is money lost. However in my opinion, that does not absolve you of complying with the rules of the Courts. If you want to buy bad debt and sue on it, make sure you have enough information to prove your case, if you don't have the requisite information to prove it, then you have no reason to issue a claim until you do.

The risk of £25 for a counterclaim to me is a small one with a potential to win your case either by default or by Lowell withdrawing. I doubt they receive many counterclaims and it could be that this is just filed away thinking its only a defence or that they now have to do something themselves and respond to your defence. The only way I can see them responding to your defence is by saying that they have the documents in their possession and they have been sent to you but because a defence has a statement of truth, if they are lying then it is contempt of court - easiest way to prove that is contact the original creditor to confirm if or when they received a request for the documents you were asking for.

Apologies for the long post!

[dasher13]

Re: Lowell Portfolio I Ltd v dasher13

Thank you! I really appreciate the long post and thorough explanation - please do not apologise! I should be apologising for all of the questions.

Really can't thank you enough. I will check just after 1pm that my papers have been received by the court. As long as everything has been received and is in order I will sit tight and post again when there is anything to update you on.

Can I ask a question? How do you know so much about all of this stuff? It is pretty complex and without people like you, people like me would have absolutely no chance.

[R0b]

Re: Lowell Portfolio I Ltd v dasher13

The ball will be in Lowell's court now, they have to file a defence to your counterclaim, and if not, then you can apply for default judgment. I work in law in a range of subject areas so have a fair knowledge on a few things.

[dasher13]

Re: Lowell Portfolio I Ltd v dasher13

Thank you!

[dasher13]

Re: Lowell Portfolio I Ltd v dasher13

Hi R0b,

I have now received more correspondence from the Court.

It is a Notice of Transfer of Proceedings to the County Court Hearing Centre. It says I have to complete a Directions Questionnaire by the 26th September.

It also says that "it appears that this case is suitable for allocation to the small claims track" and that I have to complete box C1 on the Small Claims Directions Questionnaire (Form N180) if I do not believe that it is appropriate and to explain why.

The questionnaire focuses on mediation but my point would be that I need to be in possession of the documents that Lowell are citing to bring the claim before I can do anything.

As always I would really appreciate your advice - what should I do??

Also I read an article in the Daily Mail about CCJs and the Northampton business centre. Was really interesting.

Thanks again.

[R0b]

Re: Lowell Portfolio I Ltd v dasher13

No point in mediation if you don't have the documents to hand so in my eyes I would not tick that you agree to mediation if you have nothing to go off.

[dasher13]

Re: Lowell Portfolio I Ltd v dasher13

Hi R0b,

Thanks for coming back to me and sorry I haven't responded - had some bad news this week.

If you don't mind I will have a thorough look at the papers this weekend and if there is anything to doesn't make obvious sense or that I would like some advice on I will post again?

Thanks again.

[charitynjw]

Re: Lowell Portfolio I Ltd v dasher13

No point in mediation if you don't have the documents to hand so in my eyes I would not tick that you agree to mediation if you have nothing to go off.

Hi R0b

Wouldn't it be better to agree to mediation, but subsequently be 'embarrassed' by the fact that mediation cannot go ahead as the Claimant has failed to provide the necessary documentation?

[MIKE770]

Re: Lowell Portfolio I Ltd v dasher13

refuse mediation then it would be construed as failing to adhere to efforts to sort out problem and courts take umbridge to that fact, they state every effort must be made or seem to be made to settle dispute in order to stop wasting courts time?