Lowell Portfolio Ltd v Studly

[studly]

Re: Lowell Portfolio Ltd v Studly

Morning All!

Received a letter from JD Williams this morning re: SAR in response to my 'follow up' letter. They had sent the response to my original SAR to my partner's previous address, albeit on 20 Apr 17, 1 month after I submitted it. Basically we need to fill in the enclosed questionnaire and provide proof of ID (copy of photocard driving licence or passport). It will then be processed as a matter of 'urgency'.

[studly]

Re: Lowell Portfolio Ltd v Studly

Here's the Change of Solicitor letter received from Lowell Solicitors .... with an additional DQ attached?!?
20170428-SolicitorChange_R_P1.jpg20170428-SolicitorChange_R_P2.jpg20170428-SolicitorChange_R_P3.jpg20170428-SolicitorChange_R_P4.jpg20170428-SolicitorChange_R_P5.jpg

[studly]

Re: Lowell Portfolio Ltd v Studly

And an additional letter received the same day, serving a copy of their DQ .... which is slightly different (witness box). I wonder which one they actually filed with the court?!?
20170430-SolicitorDQ_R_P1.jpg20170430-SolicitorDQ_R_P2.jpg20170430-SolicitorDQ_R_P3.jpg20170430-SolicitorDQ_R_P4.jpg

[studly]

Re: Lowell Portfolio Ltd v Studly

I wonder why their Solicitors address is in Northampton by chance ... Must be quite handy for last minute filing of papers to the CCBC?

[studly]

Re: Lowell Portfolio Ltd v Studly

Good afternoon LB's!

Am I right to assume then that the next stage will be to receive a Notice of Allocation, along with any relevant directions from the local court?

If this doesn't direct the claimant to produce the documents requested in the CPR request is that when I should look to obtaining a court order or shall I just roll with it up until the hearing date?

If I do make an application for an order, can the fee for this be recuperated from the claimant?

Sorry ... so many questions for a Monday, haha!

[studly]

Re: Lowell Portfolio Ltd v Studly

Good evening! :-)

Just logged into MCOL and noticed that Lowell's filed their DQ on 17 May, 2 days after the deadline of 15 May.

I don't suppose there'll be any sanctions for them missing this deadline?

[MIKE770]

Re: Lowell Portfolio Ltd v Studly

no they get away with it no doubt = rule for one and a rule for you

[studly]

Re: Lowell Portfolio Ltd v Studly

Good afternoon LB's! :-)

Have received the contents of the SAR back from the OC anyway ... very little information of use, apart from the fact that over half the original alleged debt is made up of Admin Charges and interest! :-/ No CCA or Default Notice. Just a note on the system saying it was re-assigned, but not to whom.

[warwick65]

Re: Lowell Portfolio Ltd v Studly

Hi

Reading and understanding a SAR can take a little while, well mine did anyway because it was not in a nice order , bits here and bits there.
Is there nothing that says a default notice was issued? How very interesting - no need to tell anyone that just yet

You say there is a note saying it was reassigned or was that a typo and just assigned
Is the date the same as on the claim form or details provided?

If it was reassigned that suggests to me it was sold, then returned then sold again- might put them in a spot of bother having to prove all that

[studly]

Re: Lowell Portfolio Ltd v Studly

Hi [MENTION=98117]warwick65[/MENTION], hope you're well! :-)

SAR is very well put together tbh, with explanatory sheets after each screenshot etc, and divided into easy to understand sections such as documentation, transactions etc etc.

Will have to double check now re: assignment, haha! Will let you know ...

[studly]

Re: Lowell Portfolio Ltd v Studly

Hello!

Had a good scour through the SAR contents today, as previously thought the last payment of £1.00 was made to the account in Nov 2010. There is no mention of a Default notice being issued, just various level 'Reminder' letters. The account status is 're-assigned' with effect from Jun 2011.

So therefore I have no CCA or Default Notice to compare to whatever Lowell's may come up with :-(

Is it worth writing back to JDW and asking them to produce a CCA?

[studly]

Re: Lowell Portfolio Ltd v Studly

Hi everyone,

The directions notice has now been received with a court hearing set for the start of August. There is also an order stating that the trial fee to be paid in approx 2 weeks time else the claim will be struck out and the claimant liable for our costs.

The Order does not ask for specific docs to be disclosed, just those that will be relied upon in court, so no direct requirement for NOA, CCA etc.

I guess it's now time to start working on the witness statement?

Any help or advice appreciated as always :-)

[charitynjw]

Re: Lowell Portfolio Ltd v Studly

Ok

They still may disclose further documentation a couple of weeks or so before the hearing.
The obvious question would be, where did they get their info if the original creditor can't provide it?

Many cases have been discontinued by Claimants just after a robust Defence witness statement has been received.
Keep checking through the SAR for discrepencies. Then when you do receive disclosure, you will have a much better chance of picking up on irregularities.

I've had a quick skim-read of this thread, but I can't seem to see when this agreement was first taken out?

[studly]

Re: Lowell Portfolio Ltd v Studly

Hi [MENTION=5553]charitynjw[/MENTION], thanks for taking the time to reply. The agreement was taken out in Dec 2009 according to the SAR, and sold on to Lowell's circa Aug 2012. No evidence of NOA or CCA in the SAR, or of the NOA being sent on the account log.

[charitynjw]

Re: Lowell Portfolio Ltd v Studly

What does the SAR say about a s87 Default Notice?

Edit

There is no mention of a Default notice being issued

Just answered my own question.
It seems that, all things considered, Lowells will have an uphill struggle.