Lowell Portfolio I Ltd v dasher13

[R0b]

Re: Lowell Portfolio I Ltd v dasher13

Hi Dasher,

Just reading your WS, and there are a few amendments that could be made. It's a little confusing with the dates as they seem to be all over the place, so would it be possible for you to provide a quick timeline of events and key documents? For example:

23 May 16 - LBA received
10 Aug 16 - Claim Form received
1 Sep 16 - Request for documents sent to Claimant/sols

[dasher13]

Re: Lowell Portfolio I Ltd v dasher13

Hi R0b

Thank you for taking a look at it and coming back to me. The timeline is below.

Thanks again.


30/12/15 – Pre-Legal Assessment from Lowell Financial Ltd

11/1/16 – Pre-Legal Assessment from Lowell Financial Ltd offering me 40% discount

14/1/16 – I sent letter on Without Prejudice basis to CEO of Lowell Group stating very concerned to receive correspondence on this matter, had paid all my debts years ago, but offering £170 ex-gratia payment in full and final settlement

18/1/16 – Letter from Lowell Financial acknowledging my letter of 14/1/16 but stating it was sent to old address

23/5/16 – Letter of Claim from Lowell Solicitors

10/8/16 – Notice of Claim Issue from Lowell Solicitors

10/8/16 – Claim Form received from courts (dated 5/8/16)

11/8/16 – I sent letters to Lowell Financial and Lowell Solicitors asking for 1) CPR 31.14 request for documents mentioned in statement of a case 2) Section 7 Data Protection request 3) Request under sections 77-79 of CCA 1974 for my credit agreement

18/8/16 – Acknowledgement from Lowell Financial of my Data Protection request

1/9/16 – Further letter from me to Lowell Financial and Lowell Solicitors repeating CPR 31.14 request

6/9/16 – I sent my defence and counterclaim to court (and I believe to Lowell Solicitors)

7/9/16 – Response from Lowell Financial to my Data Protection request – in the documents provided there is no Default Notice, NOA or credit agreement pertaining to this account

7/9/16 – Letter from court to state this was a defended claim and counterclaim put in

7/9/16 – Letter from court to state case transferred to County Court Hearing Centre

13/9/16 – Acknowledgement of my CPR 31.14 request (didn’t state which one of the 3) stating Lowell had requested the documents and that when received they would be sent to me. Also stated that action on account was on hold whilst documents were being waited for.

23/9/16 – Sent my Directions Questionnaire to court and Lowell Solicitors

1/11/16 – Letter from Lowell Solicitors enclosing copy of their Directions Questionnaire which they had sent to court

--- Interestingly we both ticked mediation but I never heard anything about mediation ---

22/11/16 – Letter from court stating hearing date/trial date of 5/12/16

24/11/16 – I emailed court regarding hearing date to state it was impossible to submit documents 14 days before hearing date from date details of trail were sent. I also called to ask if Lowell had submitted a defence to my counterclaim and was told this was done on 22/9/16.

24/11/16 – I sent further email to Lowell Solicitors, CEO of Lowell Group regarding my CPR 31.14 request (copied in court)

24/11/16 – Letter from court stating trial/hearing date pushed back to 19/12/16

28/11/16 – I emailed court asking for a copy of the defence submitted by Lowell in respect of my counterclaim on 22/9/16.

29/11/16 – I emailed Lowell Solicitors asking for a copy of the defence that they submitted to the court in respect of my counterclaim on 22/9/16 (copied in court).

29/11/16 – Received Witness Statement and two exhibits from Lowell Solicitors. Exhibits are an NOA on plain paper signed by a person I believe left Capital One in 2014. Letter is dated in July of 2015. Also credit agreement provided includes a different account number to the one pertaining to this account and is dated 6/8/11 when Witness Statement claims I entered into credit agreement on 8/8/16.

29/11/16 – I emailed Lowell Solicitors (copying in court) drawing their attention to Forgery and Counterfeiting Act 1981 and stating that I did not believe the evidence that they had provided to the court to be authentic.

- - - Updated - - -

Should I contact Capital One and ask them for documents or should I not bother? If I can prove the documents provided to the court by Lowell are forgeries is that going to help me? Or if Cap 1 then provide a genuine Default Notice, NOA and credit agreement is that worse for me?

[Diana M]

Re: Lowell Portfolio I Ltd v dasher13

Should I contact Capital One and ask them for documents or should I not bother? If I can prove the documents provided to the court by Lowell are forgeries is that going to help me?

Yes, send a SAR to Capital One pronto. I always tell people to send a SAR the minute they get a claim (I wasn't on the forum when you received your claim).

However as a word of warning, it may be unwise to produce the real document in court (via your WS) since you will, in effect, be handing the Claimant the evidence they lack (a true copy of the CCA).

Get the information and then think of a way to prove their forgery without revealing too much or you may shoot yourself in the foot.

For example if they've got an address wrong then produce something from Land Registry or a Tenancy Agreement or a Council Tax bill etc which shows when and where you moved to but not from so they can't steal that information to make a new recon (if you follow me).

Di

[Diana M]

Re: Lowell Portfolio I Ltd v dasher13

if Cap 1 then provide a genuine Default Notice, NOA and credit agreement is that worse for me?

In the Fast Track (or Multi Track) you have to disclose all documents in your possession even if they harm your case.

In the Small Claims Court (where your claim is allocated) you don't have to disclose anything you don't want to disclose.

The Transaction Log may help you if there's no record of a DN or NOA having been sent to you. The absence of a document proves that a document produced by the claimant purporting to be a DN or NOA (which was never sent) must be a forgery by definition.

Di

[dasher13]

Re: Lowell Portfolio I Ltd v dasher13

Thanks Di. I will do the SAR request. Others such as R0b did advise me to do the SAR request but I did it to Lowell so I messed up.

Thanks again.

[dasher13]

Re: Lowell Portfolio I Ltd v dasher13

Came across this on another thread? Does this help me?

Thanks for the continued support and advice.

[charitynjw]

Re: Lowell Portfolio I Ltd v dasher13

Have you requested a Deed of Assignment from Lowells/sols?

[dasher13]

Re: Lowell Portfolio I Ltd v dasher13

Hi charity,

I requested NOA, default notice and credit agreement but did not specifically ask for the deed of assignment. Can I do this now?

[dasher13]

Re: Lowell Portfolio I Ltd v dasher13

Sorry - if I want to request the deed of assignment even at this late stage can someone let me know what I should put in the letter? I will get it sent out recorded delivery today if I know what to put.

Thanks again all.

[MIKE770]

Re: Lowell Portfolio I Ltd v dasher13

seems lowells are using that paragraph will nilly in their letters these day, shows what type of office is being run these days! do not tell them they are big enough to know better.

[dasher13]

Re: Lowell Portfolio I Ltd v dasher13

Sorry MIKE770 - I may be being a little daft but can you explain please? A lot of this goes over my head!

[R0b]

Re: Lowell Portfolio I Ltd v dasher13

Sorry, bit rushed and so there is probably a lot of room for improvement but I've had a look and made some suggestions through tracked changes deleting a good chunk as I don't think its needed to be in there or contains lots of argument/opinion etc. There is some argument at the end but I think you might get away with that as the rest is factual information pretty much so unlike Lowell's it largely complies. Just make sure to check it is all accurate as what I've suggest may not entirely be correct.

Once you have re-edited, if you want to post back up we could then make some further comments.

Points to note: to make things easier, you should only have 1 exhibit e.g. "SK1" and then when you want to refer to documents within the exhibit, you simply reference the page number in brackets e.g. (see page X of SK1) but just make sure to number your documents - bottom right corner is usually the best option, but everyone has their own preference.

[MIKE770]

Re: Lowell Portfolio I Ltd v dasher13

seems lowells are using that paragraph will nilly in their letters these day, shows what type of office is being run these days! do not tell them they are big enough to know better.

letters even I received in lowells letters saying Deed of assignment, when submitted CPR31.14 asking for notice of assignment.

As per 156 above content was a while back now and a judge can order to see Deed of Assignment but as confidential only he would see, and I am sure only in specific cases would there be a need to see one by the Judge, everyday cases are notice of assignments,

[dasher13]

Re: Lowell Portfolio I Ltd v dasher13

Thank you so much!! Will get working on it straight away.

[charitynjw]

Re: Lowell Portfolio I Ltd v dasher13

[MENTION=71570]R0b[/MENTION]

According to Bloomberg, Mr Woodburn is VP/Chief Marketing Officer, Cap1 Holdings Ltd.
http://www.bloomberg.com/profiles/pe...chael-woodburn

(Also posted earlier . #117 & #130)