Lowell Portfolio Ltd vs S Lonie - update and new letter received.

[slonie]

Hi everyone,

With your help i sent a defence into the court against lowell portfolio. The defence went in on the 23rd August 2016. I received a letter from the court dated the 24th August stating that the defence had been acknowledged and that the claimant had 28 days to proceed if he wished.

I received a letter on the 31st August from the claimants solicitor Cohen Cramer, stating that as the case was being defended, they were sending the case back to Lowell for their in house team to deal with it.

Today, i have received a letter from Lowell Solicitors dated 5th September telling me that there has been a change of solicitor and that Lowell has instructed them to instruct the court that they will be proceeding with the claim.

There is a Notice of Change of solicitor form attached (although this form is dated 5th AUGUST 2016!) and a Directions Questionnaire, which has been completed on behalf of Lowell Portfolio with no date on it.

I havent received a form or a letter or anything from the court. To date, i still havent received the documents that i requested from lowell on the 10th August 2016.

Can anyone please tell me what happens next, or what my next course of action should be, I am unable to defend this claim, as i have no documentation, and i still believe that if this debt is actually mine, it will be statute barred. I am amazed that they are continuing on with this.

Any help and advice greatfully received, im definately beginning to panic a bit now.

Thanks in advance.

[nemesis45]

Re: Lowell Portfolio Ltd vs S Lonie - update and new letter received.

Hi, All that is standard for a change of solicitors.

The fact that this is now in the hands of Lowell Solicitors may be a bonus going on their current success rate.
Have you completed your DQ ? it needs to be completed and served on the claimants sols and the court.
I you have not received a DQ phone the court tomorrow you have a limited time to file.

If the claimant has not complied with a CCA request within the statutory timescale the debt is rendered unenforceable until the Agreement or a compliant reconstituted one is forthcoming.

nem

[slonie]

Re: Lowell Portfolio Ltd vs S Lonie - update and new letter received.

Hi Nem

Thanks for the quick reply,

I havent received a DQ? and ive checked on MCOL to see if anything has been updated there and there is nothing new in the claim from Lowell.

If the court send me a DQ, are there templates on here that will help me to complete it. The last thing I want is to have to go to a court hearing I dont I could take the stress without becoming seriously ill.

Thanks

[nemesis45]

Re: Lowell Portfolio Ltd vs S Lonie - update and new letter received.

Hi Nem

Thanks for the quick reply,

I havent received a DQ? and ive checked on MCOL to see if anything has been updated there and there is nothing new in the claim from Lowell.

If the court send me a DQ, are there templates on here that will help me to complete it. The last thing I want is to have to go to a court hearing I dont I could take the stress without becoming seriously ill.

Thanks

The Questions are quite basic, post any queries here if your stuck.

I will be away from tomorrow please tag [MENTION=49370]Kati[/MENTION] or [MENTION=6]Amethyst[/MENTION] they will help or find help for you I'm sure.

nem

[slonie]

Re: Lowell Portfolio Ltd vs S Lonie - update and new letter received.

Thanks for that Nem,

I will be sure to request help when the forms arrive.

Enjoy your time away


All the best.

[slonie]

Re: Lowell Portfolio Ltd vs S Lonie - update and new letter received.

Hi @Kati or @Amethyst,



I rang the court yesterday to ask for a DQ to be sent out to me. The lady on the helpdesk informed me that as yet, the court have no record of the change of solicitor form or the DQ having been submitted by Lowell Solicitors.She also said that as and when those forms had been received, that the court would send me out a DQ.

It seems a bit odd to me that ive received forms that the court doesnt have.

So at the moment, im waiting, for the DQ to arrive from court, and still to date I have had no paperwork from Lowell that was requested both in the letter with statutory fee and in the defence.

[Amethyst]

Re: Lowell Portfolio Ltd vs S Lonie - update and new letter received.

If the court have yet to receive anything from the Claimant then I expect they will send a 7 day reminder notice to them with a threat of either strike out or stay. I wouldn't worry from your end for the moment, it is a bit quick for DQ's considering you only filed defence 23/24 August. Lowell are just getting ahead of themselves.

[slonie]

Re: Lowell Portfolio Ltd vs S Lonie - update and new letter received.

Hi @Amethyst,


Thanks for that, the woman at court said the same thing.

I also noticed on the change of solicitor form, it has been dated as 5th August 2016. On 5th August Cohen Cramer were the solicitors dealing with this on behalf of Lowell.

[slonie]

Re: Lowell Portfolio Ltd vs S Lonie - update and new letter received.

Hi @Kati or @Amethyst,


I have gotten home this evening to the DQ from the court, giving me until the 26th September to complete and return.

To date, I still havent had any of the information that I requested from Lowell.


Does entering into mediation imply that I acknowledge the debt in any way? At this point I dont want to enter mediation, as Lowell havent proved that the debt is mine, or that it is enforceable, as ive said before, if the debt is mine, i think it would be statute barred.

Any help or advice, would be very gratefully received.

Thanks

[Amethyst]

Re: Lowell Portfolio Ltd vs S Lonie - update and new letter received.

Say yes to mediation ( it makes you seem reasonable) however when they call to arrange you can tell the mediator that you haven't had any documentation off of the claimant so are currently unable to consider mediation.

[slonie]

Re: Lowell Portfolio Ltd vs S Lonie - update and new letter received.

Thanks @Amethyst

So, if I tell the mediator that I havent had any documentation, do they then refer back to lowell, or go back to court?

At what point can I ask the court to strike out the claim altogether?

Thanks