Help needed with Lowell and Small Claims Track

[LoNK1]

Re: Help needed with Lowell and Small Claims Track

I'm going to upload the statement of account they sent out to me. It might be a few minutes because I need to switch to the laptop.
Do I still need to request a CCA and CPR 13.14 from Lowell?

[LoNK1]

Re: Help needed with Lowell and Small Claims Track

[Amethyst]

Re: Help needed with Lowell and Small Claims Track

I'm going to upload the statement of account they sent out to me. It might be a few minutes because I need to switch to the laptop.

If you're struggling with the attachment feel free to email it to me - admin@legalbeagles.info

Do I still need to request a CCA and CPR 31.14 from Lowell?

Yes please.

[LoNK1]

Re: Help needed with Lowell and Small Claims Track

If you're struggling with the attachment feel free to email it to me - admin@legalbeagles.info

Sent you an email.
i have just spoken to the courts but they werent helpful, they said i should speak to Lowell or BW Legal to find out what my defense is because they will have a copy. ???

[Amethyst]

Re: Help needed with Lowell and Small Claims Track

Grrr bloody court call centre - they are so useless. Thanks for trying. At very least did the Court confirm a defence had been filed ?

Most likely it seems is that either you or they have submitted the letter from Nat Debt line re statute barred to the court as your defence. Any way you can check where you sent that letter to ? Any chance you can send me a copy of the letter re BMW v Hart they sent to you pls.

Here's the statement

[LoNK1]

Re: Help needed with Lowell and Small Claims Track

Grrr bloody court call centre - they are so useless. Thanks for trying. At very least did the Court confirm a defence had been filed ?

They confirmed that a defense had been filed...i would think though that it was on the basis of identity theft being as that was what we originally thought it was?

Most likely it seems is that either you or they have submitted the letter from Nat Debt line re statute barred to the court as your defence. Any way you can check where you sent that letter to ? Any chance you can send me a copy of the letter re BMW v Hart they sent to you pls.

Lowells didnt send me a letter BMW v Hart, they just quoted it over the phone to us, how do i stand with that?

- - - Updated - - -

We sent the reply back in the post to the business centre

[Amethyst]

Re: Help needed with Lowell and Small Claims Track

They confirmed that a defense had been filed...i would think though that it was on the basis of identity theft being as that was what we originally thought it was?

Did you send any letter saying that anywhere ?

Lowells didnt send me a letter BMW v Hart, they just quoted it over the phone to us, how do i stand with that?

Don't speak to Lowell on the phone.

We sent the reply back in the post to the business centre

The National Debtline letter regarding the debt being statute barred - where did you send that ?

[LoNK1]

Re: Help needed with Lowell and Small Claims Track

Did you send any letter saying that anywhere ?

I'm so sorry, i'm not 100% certain what we wrote, it was in March. My hubby seems to think that we did write on a form that it was identity theft.

Don't speak to Lowell on the phone.

Ah, ok. Wont do.

The National Debtline letter regarding the debt being statute barred - where did you send that ?

Oops sorry...i sent them to Lowell ( Ellington House, and their PO Box in northampton) I also sent them to BW Legal (The Tannery, and Enterprise house) i wasnt certain which exact address i needed to sent them to all 4 addresses.

[Amethyst]

Re: Help needed with Lowell and Small Claims Track

Hmm okay, well you covered every avenue there lol Don't worry.... Well while I have a ponder can you get the CPR and CCA letters sorted and posted please.


CCA Request || CPR 31.14 Request

CPR goes to BW Legal

CCA goes to Lowell

[Amethyst]

Re: Help needed with Lowell and Small Claims Track

Remove

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

from the CPR letter.

[LoNK1]

Re: Help needed with Lowell and Small Claims Track

Hmm okay, well you covered every avenue there lol Don't worry.... Well while I have a ponder can you get the CPR and CCA letters sorted and posted please.


CCA Request || CPR 31.14 Request

CPR goes to BW Legal

CCA goes to Lowell

LOL!! ...Hedging my bets. if i didn't laugh i would cry.
I am currently doing the CCA request and CPR 31.14

[LoNK1]

Re: Help needed with Lowell and Small Claims Track

I am in the process of printing out the CCA and CPR 31.14.

Lowell are still denying that i sent the national debtline letter to them

[Amethyst]

Re: Help needed with Lowell and Small Claims Track

Don't worry about it.

As you are a litigant in person and it is quite a small claim we should be able to wangle around things.

I think all you can do is ask BW Legal if they could possibly email you a copy of your defence as you require it to complete your directions questionnaire and you have mislaid your copy.

We know ID theft is out so if that is the defence ( ie if something was written on the acknowlegdment form) we will have to amend. If it's the nat debtline letter than we can work with that for the moment but might need to amend later.

Don't get into discussion about the claim at all, and don't speak with Lowell. You simply need a copy of the defence.

[Diana M]

Re: Help needed with Lowell and Small Claims Track

I'm going to upload the statement of account they sent out to me.

Did Lowells send you a second page for that statement? It says "Carried forward (see sheet 2)" on the bottom?

Did you never make any payments during the life of the loan or even after the loan expiry date such as through a DMP?

This was a Buy Now Pay Later product but I'm not clear on whether you entered into an original contract/credit agreement (interest free?) where the loan (with interest added) only kicked in if you didn't pay the full amount by a certain date? Sometimes there was a small 10% deposit to pay in store.

This will be important if they produce documents purporting to be a credit agreement but the dates don't tally because the credit agreement may have been entered into before the actual loan began (if you follow me).

Can you post up or type out the Particulars of Claim removing anything which could identify you to see what they are claiming and why they think they have the right to claim it. The names and dates will be useful.

Your credit agreement was with HSBC not PC World apparently.

Di

[Diana M]

Re: Help needed with Lowell and Small Claims Track

I would email B W Legal not call them. You need a paper trail. Stay off the phone.

You also need to find out how the court got your Defence. Ask them if it was filed online (regardless of what it said) or was it filed by the Claimant on your behalf? The court should be able to tell you that.

If it was the latter (the Claimant filed on your behalf without your knowledge or consent) then that should make it easier for you to file an Amended Defence without an Application to the court for permission if Lowells are prepared to consent to it.

What you want to avoid is Lowells making an Application for a Summary Judgment to strike out your Defence as having no merit if it only pleaded identity theft.

What is the deadline for filing your Directions Questionnaire?

Di