Lowell Portfolio I Ltd v dasher13

[dasher13]

Re: Lowell Portfolio I Ltd v dasher13

Just had a call from the court. The matter is being referred to the judge apparently and I will hear back soon.

On another note - I forgot to mention that I did receive one other letter from Lowell and that was on the 13th September. It thanked me for my correspondence and apologises for the delay in their response.

It then says that copies of the documents stated in my previous correspondence have now been requested and will be sent to me upon receipt.

It then finished by saying "Please note action on your account is now held until we can obtain the requested documents".

What rubbish.

[MIKE770]

Re: Lowell Portfolio I Ltd v dasher13

ignore Lowell no action - the courts run the process not Lowells - they tend to say this to give defendants false sense of security only to find out that lowells have no say in the matter and have got a CCJ in default.

[nemesis45]

Re: Lowell Portfolio I Ltd v dasher13

Just had a call from the court. The matter is being referred to the judge apparently and I will hear back soon.

On another note - I forgot to mention that I did receive one other letter from Lowell and that was on the 13th September. It thanked me for my correspondence and apologises for the delay in their response.

It then says that copies of the documents stated in my previous correspondence have now been requested and will be sent to me upon receipt.

It then finished by saying "Please note action on your account is now held until we can obtain the requested documents".

What rubbish.

As Mike 770 has said you must follow the court process and keep to the timetables Lowell will take advantage of any failure to do so.

nem

[charitynjw]

Re: Lowell Portfolio I Ltd v dasher13

Hi dasher

What was interesting about the stuff they sent me after the data protection request is that that sent an internal document which is essentially an overview of the case. It has the case file reference no for the court and the date their claim was issued and served by the court. It then states that I acknowledged the claim but am not defending it and then in a section for 'judgement' says 'payment schedule: judgement by instalments' - as if the case has been heard and judgement made. Just seemed odd to me but may just be what they hope to achieve I guess.

Is there a name/reference no for this internal document?
Always useful to have inside info!

[nemesis45]

Re: Lowell Portfolio I Ltd v dasher13

Hi Dasher,

Just for safety check the Registry Trust ( Trust Online) which records all count court judgements.

nem

[dasher13]

Re: Lowell Portfolio I Ltd v dasher13

I figured it was just Lowell trying to get one over on me - thanks MIKE770.

Thanks nem - I will do the check.

Hi charitynjw - no names or references unfortunately! I can scan the document and post it if you want? It is probably not very exciting to be honest but happy to do so.

[charitynjw]

Re: Lowell Portfolio I Ltd v dasher13

Yes please, dasher.
Remove personal identifiers, though.

[nemesis45]

Re: Lowell Portfolio I Ltd v dasher13

I figured it was just Lowell trying to get one over on me - thanks MIKE770.

Thanks nem - I will do the check.

Hi charitynjw - no names or references unfortunately! I can scan the document and post it if you want? It is probably not very exciting to be honest but happy to do so.

It may help to have a look.

nem

[R0b]

Re: Lowell Portfolio I Ltd v dasher13

Can you confirm if the Defence/Counterclaim was sent to Lowell as well as the Court? They have 14 days to reply to the counterclaim but if they don't it entitles you to default judgment, which in this case would be a strike out and damages of £250 for you. Though given that the trial is to be heard on 5 December I think that you should also mention that too.

Your witness statement should be laid out in the same way as the Defence except it should be titled Defendant's Witness Statement and should still be numbered etc in paragraphs - I've attached a template fill in the gaps in brackets and XX's. On Para.3 and at the top of the page you should use your initials for the exhibit e.g. "JD1".

You should then set out the background to the case of how it has come about, how you have also asked for documents but they have failed to respond at all, though they responded to your SAR request.

As for your SAR, it's not the end of the world because you can use that as part of your counterclaim argument. You can refer the judge to the fact that a SAR was requested which they responded to but wilfully ignored any other request for documents referred to in their claim. The results of the SAr shows that they do not hold anything in relation to the complaint other than a suggestion of an alleged owed sum, not even an assignment or anything like that. All of this goes to prove that they have misused the court process, and maliciously prosecuted you knowing that there is no case to answer.

There is another quote in the Nomura case which may also aid your counter claim at para. 41:

"Insofar as it sought to make any claim in contract, it would be necessary for it to be able to identify the particular contract and the alleged breach ... If Nomura was not in a position to do this, it was not in a position properly to issue a claim, since it could not have proceeded properly to plead Particulars of Claim without the off chance occurring that something would turn up. In such circumstances it could have no present intention to pursue a claim since it had no sufficient idea of the claim it wished to pursue."


I think, if you don't hear from the court by early afternoon tomorrow then I would chase it up, but continue to prep for the case. Given the little time, I would suggest you start doing the following:

1. Draft your Witness Statement asap, post it up here and we can provide some comments - you don't need to included every bit of correspondence but only the relevant ones that are necessary to rely on e.g. you would want to include the SAR letter and the contents of what you received by referring to it and any other important correspondence like your requests for documents, though you may want to group them together by saying something like "between month X and month Y, i repeated requested the Claimant's solicitors for the documents referred to but they continued to ignore you and failed to even acknowledge the letters"

2. Make a bullet point list of what you are going to say in court if the trial does go ahead, though don't rely on it heavily as it could change so you need to be flexible. For example, if the judge suggests adjourning then you can intervene and say that you have also made a counterclaim as part of this which Lowell have so far failed to comply and there is no good reason. You should seek default judgment on that for damages of £250 claimed and the case be dismissed on the basis of abuse of process. You can then refer to the Normura judgment quote and explain Lowell have zero evidence or information to bring the claim and refer to your SAR etc. You may not even get that far but don't be afraid to speak up and press for it - you don't ask, you don't get is the saying!

3. If you have time then try to put a bundle together, remember though the judge probably doesn't have everything so you may need to make copies. As for the case law, they are a bit lengthy so what you can do is print of the front page of the document which shows the case title, and then print off the relevant page number and highlight the quote you wish to read,that way it saves some costs.

4. If ever in doubt or your stuck, refer to your defence/counterclaim and read from that, your arguments should follow those lines.

I do have a busy week ahead of me and I'm in Holland from this Friday - Monday so may not be able to check on here much though I am sure others will help out in my absence

[dasher13]

Re: Lowell Portfolio I Ltd v dasher13

Hi R0b - I did send my defence and counterclaim to both the court and Lowell. I have the proof it was received and signed for. I have never had any correspondence from Lowell on this.

As I put in my first post yesterday Lowell did send me a letter with their completed Directions Questionnaire on the 4th Nov (dated 1st) but there is no reference to my counterclaim. Do you want me to scan and post the letter?

I had a letter from the court dated 6th September to confirm that my defence and counterclaim was processed on that day. the fee was paid also and that is confirmed by the court. If Lowell had 14 days to respond to this would that be the 20th September as consecutive days or the 26th September as 14 working days from the 6th September? Should I have received some correspondence about this either way? i.e. if they had responded or if they had not?

On the 7th September I received another letter from the court that confirms that i had filed a defence and counter claim and it states in notes to the claimant that they had to complete a response pack.

I have just been through the whole file again and there is nothing from Lowell about the counterclaim nor from the court other than that referred to above.

[dasher13]

Re: Lowell Portfolio I Ltd v dasher13

This is the scan that refers to me not defending and judgement by installments. It is prob not interesting at all. It just was to me as it seemed to indicate that i had not defended as far as they were concerned and that judgement had been passed (although does have 0 as installment amounts).

[R0b]

Re: Lowell Portfolio I Ltd v dasher13

Then you are entitled to apply for default judgment. An extract below is from the White Book which is a bible on the Civil Procedure Rules, so if Lowell have failed to file a defence they are two months late and you should be entitled to Default judgment. If you have proof from the court that your counterclaim has been received and Lowell received it too, then that strengthens your claim.



Just goes to show that they probably skim over your defence or even not look at it at all!

[dasher13]

Re: Lowell Portfolio I Ltd v dasher13

Hi R0B - ok what do I need to do please?!

If Lowell had defended the counterclaim then should I have received something from the court?

[R0b]

Re: Lowell Portfolio I Ltd v dasher13

You need to fill this in http://s3-eu-west-1.amazonaws.com/hm...r/n225-eng.pdf

Though you are not required to do anything else, you could attach a short witness statement to say the counterclaim was filed and served on X and enclose proof of postage being received. No defence to the counterclaim has been filed by the Claimant since and that's it. As you have left it pretty late now, the application may well be heard on the same day as trial but it is usually done on paper.

P.S, you are the claimant for this purpose and the claimant is the defendant

[dasher13]

Re: Lowell Portfolio I Ltd v dasher13

Is there any way I can check if they did defend? Or would I have received their defence? Thanks again - you are a life saver (you all are).