Lowell v Keviano

[keviano]

Issue Date: 07 April 2017
Amount approx: £1100
Claimant: Lowell Portfolio I Ltd
Solicitor:Lowell Solicitors Ltd
Original Creditor: Shop Direct
Particulars of Claim:
1) The Defendant entered into a Consumer Credit ACt 1974 regulated agreement with Shop Direct under account reference xxxxxxx ('The Agreement)
2) The defendant failed to maintain the required payments and a default notice was served and not complied with.
3) The Agreement was later assigned to to the Claimant on 22/03/2013 and notice given to the Defendant.
4) Despite repeated requests for payment, the sum of £906.00 remains due and outstanding.
And the Claimant claims
a) The said sum of £906.00
b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.199, but limited to one year, being £72.48
c) Costs
Is the debt Statute Barred? I don't know
List any letters you have sent: Have sent a CCA request to claimant (copy to solicitor)
CPR request to claimant's solicitor
Any Other Info:
I acknowledged the claim on 24 April 2017

Background

I cannot recall this and the particulars do not say when the 'Agreement' was made, only that it was assigned on 22/03/2013.
I am hoping the copy of the agreement will give me more information.

From what I can tell I have until 10 May to submit the defence?

Do I need to wait until the claimant/solicitor responds or should I submit the defence now, using the template?

many thanks

[charitynjw]

Re: Lowell v Keviano

Hi keviano, welcome to LB.

Looks like you're well on track.
File your defence on or just before 10th May.
If you're unsure re Stat Barred it would be worth raising the possibility in the defence.
SAR Shop D asap for all records held by them.
http://legalbeagles.info/forums/show...quest-template

[keviano]

Re: Lowell v Keviano

Many thanks,

I'm a bit unsure of what the final date for filing defence will be.

I'm thinking 28 plus 5 (33) from the issue date which would be 10th May but there are 3 Public Holidays in this period ( 14th & 17th April ; 1st May).

Does this extend the filing deadline to 13th May or is it still the normal calendar count of days?

thanks

[charitynjw]

Re: Lowell v Keviano

5.7 The claim form will be deemed to be served on the fifth day after the claim was issued irrespective of whether that day is a business day or not. ‘Business day’ has the same meaning as in rule 6.2(b).
https://www.justice.gov.uk/courts/pr...t07/pd_part07e

[charitynjw]

Re: Lowell v Keviano


The period for filing a defence

15.4
(1) The general rule is that the period for filing a defence is –
(a) 14 days after service of the particulars of claim; or
(b) if the defendant files an acknowledgment of service under Part 10, 28 days after service of the particulars of claim.
https://www.justice.gov.uk/courts/pr...l/rules/part15


Stick to 33 days.

[keviano]

Re: Lowell v Keviano

Thanks - will stick to the 33 day date.

Have received a letter from Lowell Sols dated 4th May, stating they have requested a copy of original agreement from Shop Direct.

My request was sent on 28th April (which they acknowledge), so I assume they need to provide the "agreement" by 10th May (12 days from my letter) ?

thanks again

[MIKE770]

Re: Lowell v Keviano

do not hope they do, they no doubt do usual and say case on hold and they are requesting from originator - which is rubbish as the court time table is in force not lowells hopeing you believe them .

[charitynjw]

Re: Lowell v Keviano

The sanction for non-compliance of a ss77-79 CCA request is not being able to enforce the agreement until they do comply.
As [MENTION=3599]MIKE770[/MENTION] has said, the court timetable is paramount, so best make sure that you comply with the court's deadlines.

[keviano]

Re: Lowell v Keviano

Hi,
Thanks for your comments.
I filed my defence on 9th May and received a lttr confirmation from County Court Business Centre.

I have now received a Directions Questionnaire (Small Claims Track) from Lowell Solicitors.
They are agreeing the case being referred to small claims mediation service.

I haven't received any documentation from Lowells re the ss77-79 CCA request or CPR request - other than an acknowledgement of the CCA request.

I assume I will get something from the Court asking if I agree to the mediation and not sure how to deal with that as I don't want to start negotiating on something when I don't know what it is is for or how old the alleged debt is.

I am thinking this may just a ploy by Lowell Sols - but why would they agree mediation if they have no proof of the debt?

Any advice/thoughts would be much appreciated.

thanks

[charitynjw]

Re: Lowell v Keviano

Mediation Service, when they contact you, usually ask a few questions,
One of which is "Do you have all documentation requested?"
If the answer is no, then the case is normally deemed by them to be unsuitable for mediation, & is normally referred back to court for allocation.

[charitynjw]

Re: Lowell v Keviano

The DQ from Lowells is an indication from them, at this stage, that they are proceeding with the claim.
You should, in due course, receive your own DQ from the court, which you then complete & return per directions.
You can phone or email the court to get a status update.

[keviano]

Re: Lowell v Keviano

Thanks,

As Lowells have not yet supplied any of the documents CCA/CPR requests, should I be agreeing to mediation.
This feels like I would accepting the existence of the alleged debt.
All I can tell from the particulars is that Lowell say the debt from Shop Direct was assigned to them on 22/03/2013, but I've no idea what it actually relates to or whether it is statute barred.

[charitynjw]

Re: Lowell v Keviano

No problem about agreeing to mediation.
See post #10 above.

Btw, did you mention SB in your defence statement?

[keviano]

Re: Lowell v Keviano

Hi,

No I didn't mention SB in the defence - I basically followed the defence template.
I was assuming I would be able to state it was statute barred if an 'agreement' is ever produced and it it more than 6 years old.

[keviano]

Re: Lowell v Keviano

Have received a further letter from Lowell Sols dated 18 May stating they are still trying obtain a copy of the 'default notice' and 'agreement' with Shop Direct.

I requested a copy of the 'agreement' etc on 28 April by registered post.

In this latest letter they enclose a letter to me dated 9 April 2013which appears to be an assignment of debt from Shop Direct to Lowells. It states the account was assigned to Lowells on 22 March 2013.

There is nothing on the copy letter to indicate who this is from and is only signed Marie Marsden, Head of Credit Operations. It has no return address and has a previous address of mine.

I have never seen this letter before.

They have also included a copy letter to me from Lowell Portfolio I Ltd dated 9 April 2013 again sent to my previous address. It states the account was 'sold' to Lowell on 22 March 2013.

Again I have never seen this before.

In their current letter, Lowell state:
"Our client is keen to resolve the matter and will consider any payment or settlement proposal you wish to make".

As things stand, I have still not seen any agreement or default notice.
From the dates of the 'copy' letters supplied, I know I was recovering from illness (disability) at that time and was in receipt of state benefit ESA.
That said, I still don't know when/if the agreement was entered into or whether it is SB.

I'm not sure whether proposing a settlement is sensible at this stage, since this means I would be accepting the existence of the debt without having any evidence it is actually owed.
Can I propose something like a without prejudice settlement on the basis that if no evidence of the debt is forthcoming, any payments are reimbursed.

If so what kind of proposal (amount and term of repayment) would seem reasonable and acceptable?

Original is alleged to be £906
+ Lowel fees/costs approx £194
= £1100
+ interest £72.48 = TOTAL £1172.48

I've still not received the DQ forms from the Court to complete.

Obviously I would like the best outcome and to resolve as quickly as possible so any guidance/options would be much appreciated.

Thanks for any thoughts/advice