Lowell solicitors have applied for a ccj, please help!

[charitynjw]

Re: Lowell solicitors have applied for a ccj, please help!

Hi again

Just a quick question to start with, I sent a CPR 31 request to Lowell Solicitors, as the claim is under 10,000 should this not have been a CPR 18 request instead?
If you were requesting disclosure of documents, CPR 31.14 is correct.

Incidentally Lowell Solicitors have replied very quickly. I received a letter today from them acknowledging I had wrote to them. In their letter they state a letter was sent to me in Sept 2015 which was a Notice of Assignment also enclosed is an apparent letter which they claim was sent to me in August 2016 stating they were now dealing with my case. I have not seen either of these letters. They finish by saying, "A request has been sent to the original creditor Vanquis for a copy of the default notice and a copy of the agreement. These will be forwarded to you upon receipt".
The court timetable is paramount. If the Clamant/solicitor does not agree to a 28 day extension, you must file a defence with the court within 33 days of the claim issue date.

One last thing do I just leave things standing the way they are and see what happens? Also at the same time I sent a CCA request to Lowell Portfolio 1 recorded delivery. I have tracked this and the system is just saying still to be signed for. Would it be an idea to resend the original letter again special delivery as it appears Lowell Portfolio are playing funny buggers.
Was this a PO Box address?
Was it the Claimant's address per court claim form?
Many, many thanks as usual.

Micky

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[Darter245]

Re: Lowell solicitors have applied for a ccj, please help!

HI Charitynjw and thanks for your time,

No I sent the CCA request and the CPR 31 request both to their main office address which is the same for Lowell Portfolio 1 and Lowell Solicitors. It is the Ellington House, Leeds address where they are based I do believe. On the court forms they have a PO box listed for Lowell Portfolio 1. I read some other threads in this forum for research purposes and they were saying don't go with the PO box address as you'll be ignored and instead go with the address that I used. However as i previously stated Lowell Solicitors have responded to their letter from the Leeds address just Lowell Portfolio have not.

What's your thoughts, do you think I should re-print the original CCA request letter and send it special delivery to the PO box address instead or not?

Thanks again

Micky

[MIKE770]

Re: Lowell solicitors have applied for a ccj, please help!

if sent to Ellington house then they got passed experience has found as reference made to certain letters etc PO address is forwarding


did you send Recorded Delivery>>>???

[Darter245]

Re: Lowell solicitors have applied for a ccj, please help!

Yeah sent both recorded. Sent CPR 31 request to Lowell Solicitors and CCA request to Lowell Portfolio both at that Ellington house address. Tracked both letters using Royal Mail tracking, Solicitors letter is signed for and they have responded, Lowell Portfolio the CCA request is not signed for and is just saying awaiting confirmation.

[MIKE770]

Re: Lowell solicitors have applied for a ccj, please help!

same as happened to me a few time Royal Mail are the pits at times, BUT I have always found from receiving letters the letter/request has been delivered as the letters in question have been referred to, using P O Box No I have never seen a signature receipt on any over the years.


as you have proof if you need it - ok

[Darter245]

Re: Lowell solicitors have applied for a ccj, please help!

Funnily enough my first full time job was a postie 17 years ago. Was a good service back then, not anymore i'm afraid, your right. I wasn't sure if it was a ploy on Lowell Portfolio's behalf and just to ignore letters or not to sigh for stuff.

[Darter245]

Re: Lowell solicitors have applied for a ccj, please help!

Hi all,

AS things stand I have still heard nothing whatsoever from Lowell Portfolio 1 regarding the CCA request and just the brief response from Lowell Solicitors regarding the CPR 31 request which is mentioned in one if my previous posts.

I have tracked the letters with Royal Mail and both requests have been received and signed for. Do I still just sit tight or should I start forming the basis of my defence? There has been no mention of the 28 day extension in the letter from Lowell Solicitors, just a little note saying to contact them. I take it that this is a big non-starter?

If there is no documentation forthcoming from Lowell Portfolio/ Solicitors in a specified timescale is it right a stay of court can be applied for or the whole case chucked out?

Thanks again

Micky.

[Darter245]

Re: Lowell solicitors have applied for a ccj, please help!

Hi again,

Are there any links on here or any relevant similar threads that I could look at to gain some sort of idea how to write my defence?
Any thoughts or help would be very much appreciated.

Thanks

[Darter245]

Re: Lowell solicitors have applied for a ccj, please help!

Hi again and sorry to be a pest, can anyone please answer the questions I have raised in my last couple of posts?

Thanks
Micky

[nemesis45]

Re: Lowell solicitors have applied for a ccj, please help!

Hi again and sorry to be a pest, can anyone please answer the questions I have raised in my last couple of posts?

Thanks
Micky

Hello Micky,

Defence drafts in the " green box" above, these are Not complete they are for you to amend to suit your case.

Please make a draft and post here then we can go through it with you.

nem

[Darter245]

Re: Lowell solicitors have applied for a ccj, please help!

Hello nem,

I'll have a look thru when I get the adequate time and get something posted on my thread.

Thanks again.

[nemesis45]

Re: Lowell solicitors have applied for a ccj, please help!

Hello nem,

I'll have a look thru when I get the adequate time and get something posted on my thread.

Thanks again.

Make sure you meet the deadline for filing the defence!

nem

[Darter245]

Re: Lowell solicitors have applied for a ccj, please help!

Yeah thanks I definitely will. I have seen on other threads and different articles that people missing the defence deadline is a big problem.

Micky

[Darter245]

Re: Lowell solicitors have applied for a ccj, please help!

Hi again,

The defence example listed in the green box, states that a CPR 31.14 and CCA request need to be sent off and I should have had no documents in response. I received a letter dated 21st Sept from Lowell solicitors acknowledging my request and with a shoddy looking copy Notice of Assignment which was apparently sent in 2014. This was all mentioned in a previous post.

So do I still use the same defence example and just alter the wording to state the fact that I have had some documents thru off them?

That is all that I have had thru tho. I've had no default notice or copy of agreement and Lowell Portfolio have totally ignored my CCA request.

Thanks
Micky

[nemesis45]

Re: Lowell solicitors have applied for a ccj, please help!

Hi again,

The defence example listed in the green box, states that a CPR 31.14 and CCA request need to be sent off and I should have had no documents in response. I received a letter dated 21st Sept from Lowell solicitors acknowledging my request and with a shoddy looking copy Notice of Assignment which was apparently sent in 2014. This was all mentioned in a previous post.

So do I still use the same defence example and just alter the wording to state the fact that I have had some documents thru off them?

That is all that I have had thru tho. I've had no default notice or copy of agreement and Lowell Portfolio have totally ignored my CCA request.

Thanks
Micky

Hello Micky,

For clarification,

1, The CCA Request is for a copy of the agreement from which the alleged debt arose + a current statement of the account i.e. the amount outstanding now Not an historical statement.

2. CPR 31 ,14 is for inspection of documents specifically mentioned in the Particulars of Claim you cannot request any other documents.

3. If Lowell has not produced a copy of the agreement within 12 + 2 working days from the date they received the request the debt is rendered unenforceable
Until the agreement or a compliant reconstituted one is produced.

So far it's all in your favour!! Lowell solicitor are proving to be quite incompetent.

nem

- - - Updated - - -

Hi again,

The defence example listed in the green box, states that a CPR 31.14 and CCA request need to be sent off and I should have had no documents in response. I received a letter dated 21st Sept from Lowell solicitors acknowledging my request and with a shoddy looking copy Notice of Assignment which was apparently sent in 2014. This was all mentioned in a previous post.

So do I still use the same defence example and just alter the wording to state the fact that I have had some documents thru off them?

That is all that I have had thru tho. I've had no default notice or copy of agreement and Lowell Portfolio have totally ignored my CCA request.

Thanks
Micky

Hello Micky,

For clarification,

1, The CCA Request is for a copy of the agreement from which the alleged debt arose + a current statement of the account i.e. the amount outstanding now Not an historical statement.

2. CPR 31 ,14 is for inspection of documents specifically mentioned in the Particulars of Claim you cannot request any other documents.

3. If Lowell has not produced a copy of the agreement within 12 + 2 working days from the date they received the request the debt is rendered unenforceable
Until the agreement or a compliant reconstituted one is produced.

So far it's all in your favour!! Lowell solicitor are proving to be quite incompetent.

nem