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Lowell Solicitors CCJ received

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  • #16
    There's no need to unless you want to - we just find mentioning that it has been sent to their Client ( Lowell ) is a good idea as the two sections don't necessarily discuss the case between them.
    We may not win by protesting, but if we dont protest we will lose. If we stand up to them, there is always a chance we will win. Hetty Bower

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

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    • #17
      Originally posted by els77 View Post
      Im writing the CPR 31.14
      Ive requested a copy of the agreement. But what else do I need to write for the section asking for the agreement/default notice/assignment/formal demand. Im stuck. There is no mention of a default notice, it says the agreement was assigned to the claimant on 30/06/2016 and written notice given to the defendant. Despite repeated requests for payment the sum of xxxx remains due and outstanding. And the claimant claims the said sum and interest and costs.
      Notice of Assignment
      Agreement

      are both mentioned in that case, but personally I'd still ask for the default notice, they can refuse to provide it under CPR 31.14 but they should provide it in any event if you are going to argue you never received a default notice - it's their issue they didn't mention it in their claim, it is required for them to be able to claim the debt from you.
      We may not win by protesting, but if we dont protest we will lose. If we stand up to them, there is always a chance we will win. Hetty Bower

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

      Find Solicitors offering fixed fees on our sister site - JustBeagle.com

      Comment


      • #18
        Originally posted by els77 View Post
        Question?
        I am sending the letters today. Do I send Lowell Portfolio the CCA request letters for all accounts they have inc for the JD Williams account. And do I send Lowell Solicitors the CPR 34.14 request?
        I'd send just the one for the JD Williams one that's under the court claim at the moment... and send the ones for the other accounts in a few days - just so it's kept separate. They will each need a separate letter and separate 1 payment ( postal order / cheque ).
        We may not win by protesting, but if we dont protest we will lose. If we stand up to them, there is always a chance we will win. Hetty Bower

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

        Find Solicitors offering fixed fees on our sister site - JustBeagle.com

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        • #19
          Thankyou Amethyst. I will send the other letters o have for them in the next week or so. Ive written another copy of the CCA request so Ill send that as proof as well with the CPR 31.14 Im sending them.

          On the claim form under Particulars of Claim this is what it says.
          1) the defendant opened a JD Williams regulated consumer credit account under reference xxxxxx on 11/02/2015 (the agreement?)
          2) in breach of the agreement the defendant failed to maintain the required payments and the agreement was terminated
          3) the agreement was later assigned to the claimant on 30/06/2016 and written notice given to the drfendant
          4) Despite repeated requests for payment the sum of xxx remains due and outstanding. And the claimant claims
          a) the said sum of xxxxxx
          b) interest pursuant to s69 court counts 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 0.122 but limited to one year being xxxx
          c) costs

          ive so far written that I want a copy of the agreement of the account opened on 11/05/2015 but what else should I add in that section?

          Comment


          • #20
            assigned to the claimant on 30/06/2016 and written notice given to the drfendant
            that's ' Notice of Assignment'

            They've been vaguely mentioning termination lately instead of default, mainly on these catalogue accounts so I think there must be some issue with the way these accounts terminated. I'd still put in the CPR request 'Default Notice' - they can only say no.
            We may not win by protesting, but if we dont protest we will lose. If we stand up to them, there is always a chance we will win. Hetty Bower

            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

            If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

            Find Solicitors offering fixed fees on our sister site - JustBeagle.com

            Comment


            • #21
              Thankyou again for all your help.
              Ive completed The letter and will post recorded delivery shortly.

              Comment


              • #22
                Ive sent the CCA request off and the CPR 31.14 off recorded delivery today. What do I do in the meantime

                Comment


                • #23
                  Just sit on your hands really and wait for the replies. You have until about 8th feb to file a defence ( basic example here Example Defence )
                  so you can be putting that together with a view to amending as needed when you get any info through.

                  The claim is for around 700 isn't it. So you could have a look into your finances and see if you might be able to get 50%-70% odd together over next couple of months to try and make a full and final offer at some point before they produce documents / before you reach a hearing. As I said before they are likely to be able to get the agreement sorted to comply with the CCA request but it may take them until after you have filed a defence to get around to it, so while they remain in default of the request is a decent time to get a good discount on a full and final settlement offer IF it's at all possible financially. Otherwise it's a case of looking at your IE sheets and seeing what you maximum installment offer could be to try and get them to agree to let you pay by installments without having the CCJ applied - that would be under a consent order.

                  And in a few days you can send those CCA requests for the other accounts so you can start looking into those - either getting installments set up or making F&F offers. Think you said overall it added up to about 2k, and you MIGHT have a possibility of borrowing/being gifted 1k from your family member so you MIGHT be in a position to offer 50% over all the debts and clear everything off, once the CCA requests are in and before they come back with the documents is a good time to make that kind of 'without prejudice / without liability F&F offer to settle ). Remember it's quite likely the debts were purchased for 10-20% of their value so there's room for a profit if you make a 50% offer. Be nice to get it all cleared in one go, but see how things go and what you can get sorted. If not and you have to do installments then account for all your other debts when working out pro-rata offers ( that's where stepchange or CAB money could come in useful )

                  But really in these early stages its a case of waiting and seeing what they respond to your requests for info with - your aim is to defend the claim, but in essence it's buying you some time to consider your options in the event they have all the documents needed xxx
                  We may not win by protesting, but if we dont protest we will lose. If we stand up to them, there is always a chance we will win. Hetty Bower

                  Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                  If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                  Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                  Comment


                  • #24
                    This morning I received a Notice of claim
                    letter from Lowell. Not that this matters but should I have received this before I got the court claim form?

                    Comment

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