Lowells Letter Of Claim

[gussiefink]

I am looking for a bit of advice if possible.
Lowells sent me an letter of claim for a £700 debt from a credit card I had with paypal originally. It was changed to New Day a few years ago.
The letter states that they will be making a claim at the county court business centre and I have until 31st July to contact them.
I had a similar problem a few years ago with a barclaycard and was taken to the business court, but I sent the 3 letters and successfully defended that one as they have now stopped hassling me. I thought Lowells would have given up by now but they obviously haven't.
I don't know whether its best to contact them and make an offer to them, bearing in mind I no longer work, I was dismissed on ill health grounds. I don't claim benefits and my only income is from my wifes part time job and any money I can make from little internet business which is very tiny, or wait for it to go to court.
Is it too late to send the letters do you think?
Thanks very much.

[MIKE770]

Re: Lowells Letter Of Claim

the iditos will go ahead no doubt their remit/ so come back on here next move from them, meantime give as much info here last payment/default date etc etc etc

3 letters not FOTL I hope , they do not work, as been reported many occassions, as a company will stop only if they feel it is not worth while continuing, so if they run after so called 3 letters then do not think the letters did it!

[gussiefink]

Re: Lowells Letter Of Claim

Thanks Mike, i'll get the details and post them up. What does FOTL mean? ;-)

[MIKE770]

Re: Lowells Letter Of Claim

freeman of the land and the 3 letter system!

[gussiefink]

Re: Lowells Letter Of Claim

Hiya again. I have just submitted my response to the claim on the MCOL site.
The date on the claim form was 19th October. I completely forgot about the claim as my mental health hasn't been at its best..
Anyway its done now, I am hoping it is in time. 33 days from 19th October gives me until 21st November. I am hoping this is right, otherwise I'll have the CCJ. ;-(
Should I now request the letters that I need from Lowell or will they just stall untill after the 21st, or should I put in some kind of defence without them?
I know I should have sorted this earlier.
Mega confused.
Thankyou

[Amethyst]

Re: Lowells Letter Of Claim

IF MCOL let you put through your response then you should be fine, once a default judgment is claimed for the MCOL service puts a barr on any further actions taking place.

Have you submitted just an acknowledgment of service or completed a defence ? ( you should have an email confirming it went through so check what that says - acknowledgment or defence )

If the acknowledgment did go through then yes you should be okay to the 21st to put your defence in. You do need to get those letters off now though - it will be these two letters | CCA Request Letter || CPR 31.14 Request Letter
and if you give 7 days to respond to the CPR 31.14 request letter you should be okay using the standard defence.

So this was originally a PayPal credit card ?

[gussiefink]

Re: Lowells Letter Of Claim

Hi Amethyst, thankyou
Just the acknowledgement of service, just wondering what I should do now if anything?
;-)

[Amethyst]

Re: Lowells Letter Of Claim

If the acknowledgment did go through then yes you should be okay to the 21st to put your defence in. You do need to get those letters off now though - it will be these two letters | CCA Request Letter || CPR 31.14 Request Letter
and if you give 7 days to respond to the CPR 31.14 request letter you should be okay using the standard defence.

So this was originally a PayPal credit card ?

[gussiefink]

Re: Lowells Letter Of Claim

Yes it was a paypal credit card. Then it went to Newday, then to lowells. So I send the CCA and CPR to Lowells, with a quid postal order and I put in a standard defence to the 'court'?
Thanks

[Amethyst]

Re: Lowells Letter Of Claim

Would be worth sending the letters then in a few days asking them to agree an extension to give them time to provide the documents before you file your defence. If not you'll have to go with it, they will be out of time by the time the defence reaches them so it will be okay.

CPR on extensions is CPR 15.5

Agreement extending the period for filing a defence

15.5

(1) The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.

(2) Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.

[gussiefink]

Re: Lowells Letter Of Claim

I havent spoken to Lowells at all. They are forever ringing me, but I just ignore them. So could I put the bit above in the CPR letter?
Sorry for being a bit think ;-)

[gussiefink]

Re: Lowells Letter Of Claim

I am still a bit befuddled. So those two letter above go to Lowells?

[Amethyst]

Re: Lowells Letter Of Claim

Sorry xx

Okay
The CCA Letter ( CCA Request Letter ) should go to Lowell. This one needs a £1 postal order or cheque.

The CPR 31.14 Letter ( CPR 31.14 Request Letter ) should go to the solicitors representing Lowell ( so the address for documents on the claim form - could be Lowell Solicitors? )

If you do those first, then we can do an email in a few days asking for an extension. The CPR template letter does ask for one but there's not really time for them to respond to that - don't worry about that bit for the moment.

[gussiefink]

Re: Lowells Letter Of Claim

Thats brilliant, thankyou so much. I will do the letters now and get them off this afternoon. They are both Lowell. Claimant is portfolio and the other is a PO box at Northampton.

[gussiefink]

Re: Lowells Letter Of Claim

The only documents mentioned in my particulars of claim are the credit account and the assignment. No mention of default notice or formal demand.
So just take out the bits that arent needed. Sorry for all the questions, I just dont want to make a cock up. ;-)