Lowell Solicitors vs MaxPax

[MaxPax]

Hi all,

A bit stuck with this, so would appreciate some advice.

Received a claim a number of months ago, which I put in a defense against and sent CCA and CPR 31.14 requests.

POC (in brief)
1). Defendant entered in to a CCA 1974 regulated agreement with Shop Direct
2). Defendant failed to maintain required payment and a default notice was served and not complied with
3). Agreement latter assigned to Claimant in Mar 2011 and notice given to Defendant
4). Despite repeated requests for payments, the sum remains due and outstanding

My issues are:
a). They sent an alleged statement which looks nothing like a statement but a screen print. Shows as a brand of "Index Extra" - I have never purchased from Index Extra. This alleged statement shows charges of over £150. I have no idea what these are for.
b). They state that they cannot provide a copy of the default notice as their client is unable to provide it (this is Lowell Portfolio).
c). The Credit Agreement is reconstituted
d). The termination notice is unavailable
e).The notice of assignments states Very - Littlewoods/Additions Direct (doesn't sound remotely like Index Direct), this is on plain paper, no letter head or anything to indicate that this is from Shop Direct. They may have just created this for all I know. Do they have to provide this on something that can identify the original creditor or is this acceptable?

How do I stand because some of the documentation is "unavailable" (termination notice and default notice).

Many thanks

[MaxPax]

Re: Lowell Solicitors vs MaxPax

Sorry, didn't realise I was in the incorrect forum when I posted. Please could a mod move this

[nemesis45]

Re: Lowell Solicitors vs MaxPax

Is the recon agreement compliant?? Please post a copy here so we can see if it has the required elements.

nem

If you have a problem with posting the document (s) I'm sure [MENTION=49370]Kati[/MENTION] will be able to help.

[MaxPax]

Re: Lowell Solicitors vs MaxPax

Hi Nem,

Just had chance to scan it. Personal stuff removed

They have been pretty quiet for a couple of months and not done anything, other than sending me a snotty letter, which I responded to. I never received the original information until 2 months after they said it had been sent. Think it had been delivered to the incorrect address. I requested copies to be sent either by email or post, which they didn't do.

[MaxPax]

Re: Lowell Solicitors vs MaxPax

Just wondering if this agreement was compliant, also, when they mention the default in a court document, are they obligued to give me a copy

Many thanks

[nemesis45]

Re: Lowell Solicitors vs MaxPax

Just wondering if this agreement was compliant, also, when they mention the default in a court document, are they obligued to give me a copy

Many thanks

Does it have your name and address as it was when the account was opened?
Yes the default notice should be supplied.

nem

[MaxPax]

Re: Lowell Solicitors vs MaxPax

Yes, it had the correct name and address on it.

Since the last post, I have just received from Lowell a Directions Questionnaire. They have not responded to my email asking them for a copy of the default notice.

How might I stand with the fact they haven't provided this information if it went to court. I have logged in to moneyclaim and cannot see any new documents attached to the case other than my defence.

Thanks

[nemesis45]

Re: Lowell Solicitors vs MaxPax

Yes, it had the correct name and address on it.

Since the last post, I have just received from Lowell a Directions Questionnaire. They have not responded to my email asking them for a copy of the default notice.

How might I stand with the fact they haven't provided this information if it went to court. I have logged in to moneyclaim and cannot see any new documents attached to the case other than my defence.

Thanks

What has Lowell put on their DQ? Do you have yours?

nem

[charitynjw]

Re: Lowell Solicitors vs MaxPax

When did you submit your defence?

[MaxPax]

Re: Lowell Solicitors vs MaxPax

My defense was submiited way back in April.

I haven't received my DQ yet

It is basially
agreeing to this case being referred to small claims mediation service
wanting fast track to small claims
no written evidence of an expert,
It isn't signed, just got Lowell Solicitors typed in it.

Interestingly, I was doing a bit of digging on the net. The Notice of Assignment they sent and their introduction letter are both the same date. I am wondering if this is something they have typed up and sent, putting in Shop Direct's Head of Credit Operations signature.

Still no default notice or notice of termination forthcoming

[MaxPax]

Re: Lowell Solicitors vs MaxPax

I have just checked the dates. The defence was submitted mid april and acknowledged by the court. The DQ has no date on it but the accompanying letter was dated 30th Oct

[charitynjw]

Re: Lowell Solicitors vs MaxPax

I would check the status of the claim via CCBC.
I would have thought that you should have received instructions from the court ages ago.
Maybe the case is stayed?
I certainly would not trust a DQ from Lowell's sols.
Re the NoA, it does sound a bit iffy.....could you post up a copy? (personal details removed)

[MIKE770]

Re: Lowell Solicitors vs MaxPax

Lowells sending out DQs or getting court to and recorded on MCOL in stayed cases comes to mind?

[MaxPax]

Re: Lowell Solicitors vs MaxPax

I am going to check with the court on Monday/Tuesday, I need to know if they have sent out a DQ. I would have thought that I would have received it by now as I would only have a limited time to respond

Attached are scans of the documents I received. Hope this helps.

If what I read are correct, the notice of assignment isn't valid.

I

[MIKE770]

Re: Lowell Solicitors vs MaxPax

confusing? have you received DQ from Lowells ? their copy?

if they have submitted one to court would show on MCOL by date?? have you checked MCOL site for the record, seems Lowells are playing funny games to confuse us all!