lowell v shirazi

[shirazi]

issue date: 07/04/2017
amount: 775.05
claimant: Lowell Portfolio Ltd
original creditor: O2 (UK)

I have received a County court business centre "claim" form from Lowell portfolio LTD. which was sent to my parents household where I have not lived now for nearly six years. It was a mobile phone bill from 2013 with O2 (approx £40) which I could not afford to pay at the time being a student and living abroad during summer. Despite informing O2 at the time, the bill continued to increase with added penalties (£597), which meant it become more and more unaffordable. I'm assuming the debt was passed onto Lowell Ltd with whom I have never responded to in anyway at all. Looking for some advice on what I should do now and how to go about it, as I have no experience with this type of thing. It would be very much appreciated ! thanks.

[MIKE770]

Re: lowell v shirazi

First Steps |

- - - Updated - - -

First Steps |CPR 31.14 Request CPR to solicitors no charge send Recorded Delivery and keep copy on your request copy file

- - - Updated - - -

go on line to MCOL top of blue N1 form sign in details, and acknowledge of claim, and tick defend all, others will be here soon no doubt to further advise @Diana M @nemesis45

[MIKE770]

Re: lowell v shirazi

can you upload the claim form but cover up personal details and reference numbers?

[nemesis45]

Re: lowell v shirazi

issue date: 07/04/2017
amount: 775.05
claimant: Lowell Portfolio Ltd
original creditor: O2 (UK)

I have received a County court business centre "claim" form from Lowell portfolio LTD. which was sent to my parents household where I have not lived now for nearly six years. It was a mobile phone bill from 2013 with O2 (approx £40) which I could not afford to pay at the time being a student and living abroad during summer. Despite informing O2 at the time, the bill continued to increase with added penalties (£597), which meant it become more and more unaffordable. I'm assuming the debt was passed onto Lowell Ltd with whom I have never responded to in anyway at all. Looking for some advice on what I should do now and how to go about it, as I have no experience with this type of thing. It would be very much appreciated ! thanks.

Hi Shirazi,
[MENTION=3599]MIKE770[/MENTION] has pointed you very clearly to what do.

Is this being processed by Lowell Solicitors Ltd?

Have you acknowledged service of the claim? You can do this on line at MCOL ( information on this is on the claim forms.

You have 14 days initially to respond the from the issue date on the N1 form once acknowledged you have 28 days from the issue date.

So acknowledge and state intention to defend in full but do not enter a defence at this stage.

If you fail to respond in time you are in danger of getting a judgment against you by default.

nem

[shirazi]

Re: lowell v shirazi

I have now acknowledged the claim online and I have also attached a copy of the form (hope it works). i wasn't sure about this part of the CPR request and wether the CPR 31.14 actually applies to this form. thanks again for your help!

NB: ONLY LIST HERE DOCUMENTS THAT ARE MENTIONED IN THE PARTICULARS OF CLAIM ON THE FRONT OF THE CLAIM FORM - eg. IF THEY DON'T MENTION ' DEFAULT NOTICE' YOU CANNOT ASK FOR IT UNDER CPR 31.14, IF THEY MENTION CONTRACT rather than AGREEMENT - ask for the CONTRACT...IF IN DOUBT TYPE OUT THE PARTICULARS OF CLAIM AND ASK ON THE FORUM.( and remove this paragraph too!!!!)
for EXAMPLE
1. Agreement / Contract
2. Default Notice
3. Assignment
4. Formal Demand

[shirazi]

Re: lowell v shirazi

I have now acknowledged the claim online and I have also attached a copy of the form (hope it works). i wasn't sure about this part of the CPR request and wether the CPR 31.14 actually applies to this form. thanks again for your help!

[nemesis45]

Re: lowell v shirazi

I have now acknowledged the claim online and I have also attached a copy of the form (hope it works). i wasn't sure about this part of the CPR request and wether the CPR 31.14 actually applies to this form. thanks again for your help!

CPR31.14 applies as said to the documents mentioned in the particulars or the claim only e.g. an agreement, default notice , notice of assignment these are the documents most mention in POCs. The form posted is the instruction on how to deal with a claim Form N1 is the claim form.
nem

[ostell]

Re: lowell v shirazi

Repost your claim form and remove your password.

[shirazi]

Re: lowell v shirazi

hi i have attached my form without any personal details or passwords. thanks again
i have sent a letter to the solicitors as instructed - now waiting on reply. is there anything else i can do in the mean time to help the process or not? thanks shirazi

- - - Updated - - -

hi i have attached my form below without any personal details or passwords. thanks again
i have sent a letter to the solicitors as instructed - now waiting on reply. is there anything else i can do in the mean time to help the process or not? thanks shirazi

- - - Updated - - -

hi i have attached my form below without any personal details or passwords. thanks again
i have sent a letter to the solicitors as instructed - now waiting on reply. is there anything else i can do in the mean time to help the process or not? thanks shirazi

[shirazi]

Re: lowell v shirazi

CPR31.14 applies as said to the documents mentioned in the particulars or the claim only e.g. an agreement, default notice , notice of assignment these are the documents most mention in POCs. The form posted is the instruction on how to deal with a claim Form N1 is the claim form.
nem

i have received this letter from them after sending the first CPR letter

- - - Updated - - -

any advice on what to do next would be much appreciated ! thanks again

[shirazi]

Re: lowell v shirazi

@nemesis45

- - - Updated - - -

@ostell could someone please help i think i may be running out of time. thanks

[charitynjw]

Re: lowell v shirazi

Hi shirazi

Your defence needs to be filed 33 days after the claim issue date (which, according to my math, is 10th May).

This example defence will give you an idea of the suggested layout, but you will need to tweak it to suit your case.
http://legalbeagles.info/forums/show...t-Court-Claims

Basically, remove references to the Consumer Credit Act (CCA) & s87 Default Notice.

Clearly, Lowells' recent letter, by referring within it to CCA, is templated nonsense.
Mind you, they do mention an email sent by you.......what was that?

[shirazi]

Re: lowell v shirazi

hi thanks for getting back to me. how do i go about actually filing the defence after i have tweaked that template? do i sent it to lowell solicitors? . I have no clue why they have mentioned an email. the only contact i have had with them is the letter i sent and the letter from them i received. any help is much appreciated thanks! @charitynjw

[MIKE770]

Re: lowell v shirazi

submit via MCOL on line preferably the day before due to stopping them getting defence early and trashing it with their own. they lowells are well known for using one letter for all cases and gobbly gook in some areas, shows what cowboys they are/

[charitynjw]

Re: lowell v shirazi

As [MENTION=3599]MIKE770[/MENTION] says, send the defence to the court (NCCBC) via MCOL.
They will deal with it from there.
Keep that letter from Lowells......it may come in useful later in the proceedings, especially if Lowells continue to make stupid mistakes.