Lowell Solicitors vs MaxPax

[MIKE770]

Re: Lowell Solicitors vs MaxPax

If they have no doubt one recorded that shows filed by claimant on xx xx xxxx
also one sent to you (copy) on xx xxx xxxx

you follow up with one to court and copy to claimant solicitors

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n180-eng.pdf (PDF 154KB)
n180-eng.pdf (PDF 154KB)

[MaxPax]

Re: Lowell Solicitors vs MaxPax

I have received one from Lowells. Nothing shows on MCOL at all, other than my defense.

Lowell have not provided all the documents I require. No termination notice, no default notice.

The notice of assignment, "statement of account, and the claim all have different names on them "Shop Direct", Index Extra, "Very - Littlewoods/Addittions Direct".

They have said previously in a letter "The original creditor does not provide a copy of the default notice" also "The termination notice is also unavailable"

[MIKE770]

Re: Lowell Solicitors vs MaxPax

OK so you could ting Monday the court and ask situation at moment - very strange not recorded on MCOL

[charitynjw]

Re: Lowell Solicitors vs MaxPax

Hi MaxPax

I'm guessing that the NoA copies you've posted are claimed to be their file copies, which aren't usually on headed paper.
The content of either one would be sufficient to satisfy the info required for legal assignment per the Law of Property Act.
I'm pretty sure that they will say "We checked the records, our procedure was blah blah....., sent by post blah blah....therefore, balance of probabilities blah blah....."
It would be for you to rebut all of this.

[MaxPax]

Re: Lowell Solicitors vs MaxPax

OK so you could ting Monday the court and ask situation at moment - very strange not recorded on MCOL

It looks like they have sent it out before lodging it with MCOL. I will check with this

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Hi MaxPax

I'm guessing that the NoA copies you've posted are claimed to be their file copies, which aren't usually on headed paper.
The content of either one would be sufficient to satisfy the info required for legal assignment per the Law of Property Act.
I'm pretty sure that they will say "We checked the records, our procedure was blah blah....., sent by post blah blah....therefore, balance of probabilities blah blah....."
It would be for you to rebut all of this.

Thanks for the info. I never received the originals as I didn't live at the address when they where sent. I will check with the original creditor to see if they did send out a NoA or not. Got a few jobs to do the early part of next week with this

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Just thinking about it, they didn't claim they where file copies. They just state that they enclosed a copy.

[charitynjw]

Re: Lowell Solicitors vs MaxPax

It is not uncommon that a copy of the DN is not kept.
Quite often only a record of it being sent is logged.
I believe the Claimant often deals with this little problem in a similar manner as the 'blah blah' re NoA's (above)

[MaxPax]

Re: Lowell Solicitors vs MaxPax

If they refer to it in their claim, surely they have a responsibility to make this available for examination?

[charitynjw]

Re: Lowell Solicitors vs MaxPax

If they refer to it in their claim, surely they have a responsibility to make this available for examination?

They only claim that a DN was sent, not that a copy of it has been retained.
Again, they only need to evidence the 'usual procedure' & balance of probability.
From what I've seen, it's usually supported via a signed statement of truth.

"nowadays we do not confine ourselves to the best evidence. We admit all relevant evidence. The goodness or badness of it goes only to weight and not to admissibility."
Lord Denning
Garton v. Hunter [1969] 1 All ER 451, [1969] 2 QB 37

[MIKE770]

Re: Lowell Solicitors vs MaxPax

record of Default sent only counts these days it would seem!

[nemesis45]

Re: Lowell Solicitors vs MaxPax

record of Default sent only counts these days it would seem!

It has always been possible as many solicitors for rent have long stated NOA' and DN's leave creditors control once posted, it is as Mike says they can rely on an annotation on the " customers " file of the date the letters were sent.

nem

[MaxPax]

Re: Lowell Solicitors vs MaxPax

Managed to get through to the court today. What a suprise, the case is stayed, the courts have not sent anything out to me. Lowell will have to apply to continue this case now. Very naughty trick of theirs.

[MIKE770]

Re: Lowell Solicitors vs MaxPax

thats why we say ring the court to confirm stayed

[MaxPax]

Re: Lowell Solicitors vs MaxPax

I guess the next stage is to sit and wait to see what they do next. Now I have the answer that the questionnaire had not been done through the court, is there anything I could do to complain about their behaviour?

[nemesis45]

Re: Lowell Solicitors vs MaxPax

Managed to get through to the court today. What a suprise, the case is stayed, the courts have not sent anything out to me. Lowell will have to apply to continue this case now. Very naughty trick of theirs.

The courts only inform of what has happened not when nothing has been done.

Please be aware that the stay is open ended and they can pay the fee and lift the stay at any point in the future.

If the stay is prolonged it is possible for you to make an application for the claim to be struck out there's a fee for this.

nem

[charitynjw]

Re: Lowell Solicitors vs MaxPax

How long before this is statute-barred?
Is it on any Credit Reference Agency file, & if yes would it present any major problem for you?