Received court claim whilst complaint in progress with fos

[Kiradevil34]

Hi there,

please can someone help! I've been reading this forum for several months now

I've received a claim form following preaction protocols!

I have communicated with lowell solicitors with a complaint I made regarding the debt to shop direct, no final response was received and the letters from lowell solicitors are ridiculous! I made them aware that I had....After several months forwarded the complaint to the fos and that they should put all action on hold.
I have today received a claim form regarding the debt and will log on tonight to defend the claim in full but I'm totally lost as to what to put in my defence! Please can someone help??

xx

[efpom]

You need to post up the particulars of claim, as a first step.

[Amethyst]

Then acknowledge the claim with intent to defend in full... don't put your defence in straight away.

Have a read here First Steps
And do you have a copy of your complaint and latest status of the complaint from the FOS ?

[Kiradevil34]

Particulars of Claim

1) The defendant opened a very/littlewoods/additions direct regulated consumer credit account under reference ******** on **/**/11 (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 **/**/18 and written notice given to the defendant.
4) Despite repeated requests for payment the sum of £1500 approx remains due and outstanding. And the claimant claims
a)the said sum of £1500 approx
b) interest pursuant to s69 count 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 £0.329, but limited to one year, being £120 approx
c) costs

Amount claimed £1600 approx
Court Fee £105.00
Legal Representative's costs £80
Total amount £1800 approx

I have logged into MCOL, although it took a while and ticked to defend.

I have been thru pre action protocols and received agreement, screenshot of default notice sent (not the notice tho!) and assignment.

When all this started i sent a SAR to both lowells and to shop direct. The amounts claimed are all over the place!

I have been ping ponging letters with lowell solicitors in which i raised an irresponsible lending complaint against shop direct, their responses are very confusing and a clearly deceptive and miss leading. After 18 weeks of no final response, i raised my complaint to the FOS along with complaints regarding other creditors. I informed lowells that i had forwarded the complaint to the FOS and quoted the regulators rules that recovery action should be suspended. Received more misleading letters and as i had more than once told them there was a complaint with the FOS decided to stop replying to their nonsense. Low and behold yesterday a claim form arrived.

I have been over to Debt Camel and Sara has kindly advised making a complaint to Lowells regarding their conduct, which i have done this morning.

I really don't know what to file in my defence or next steps to take so any advice would be gratefully received. I have to tried to call National Debtline this morning but my call cut off.

I would be eternally grateful if i could send or post up all the letters received from Lowells when I'm at work tomorrow and someone take a look?

The letters contain so many errors its frightening!

Many thanks in advance xx

[Kiradevil34]

Bump x
anyone able to help or advise me on next steps or point me in the right direction?

[Kiradevil34]

Bump? Is there anyone with any advice?
I need some help, I've tried national debt helpline but the only help they gave was the court process which I know as I've read pages and pages of this forum for months.
I can't find a single case online anywhere where a debt purchasing company has taken someone to court whilst there was an on going complaint with the FOS.
the clock us ticking for my defence, I need some help, even the fca doesn't seem to know if they've breached regulators rules and they're the regulator!
If anyone has any advice of where I can find legal help it would be greatly appreciated xx

[MIKE770]

Well hello you have met one == ME they can and do, court procedure does take precedence over complaints to Regulators, and has no bearing on court claims in most cases, even when a judge parks a case for any outcome the Regulator will state they have no bearing and do not get involved on consumer court cases -

[Kiradevil34]

Thank you for the reply
Surely the FOS is there to resolve disputes? Wouldn't a court look unfavourable to lowells for not allowing the complaint to run it's course? I'm not sure what to put in my defence or whether just to roll over and come to an agreement? Any advice would be appreciated x

[MIKE770]

that you would think favourable alas not the case as I found out, two different areas of concern to the public, they can bring a case anytime BUT whether they continue to actual court case on the depends if they discontinue at the last minute Lowells are known for this hoping you cave in before that happens??

[Kiradevil34]

I thought the FCA CONC stated that where there is a dispute a firm must suspend collection activity or words to that effect? I feel it is very vexatious of lowells!
they were informed of my complaint, never sent the final response or answered the complaint at all! After 18 weeks I forwarded the complaint to the fos.
what protection do consumers really have?
what happened in your case? X

[MIKE770]

every judge interpterion can be different, I states been there, mine also ignored no CCA found and I got CCJ,,m so concentrate on lowells and the case for now, nothing in this country is straight forward, we just get told guidelines by regulators.

[Kiradevil34]

Just really not sure what to put in my defence, can I mention the fact I'm disputing the debt and a complaint has been logged with the fos?
what's the point in having guidelines when companies like lowell don't follow them?

[efpom]

I think you need to urgently concentrate on what grounds you propose to advance in your defence in answer to the particulars of claim you posted up.

[Kiradevil34]

I've had the following from the FCA

'Thank you for your further correspondence and for providing the additional information, it's much appreciated.

On reviewing the additional information you've provided relating to our Consumer Credit Sourcebook (CONC) it appears that there may be some dispute into the current action of the firm taking the matter to the court whilst a dispute is with the Financial Ombudsman Service. Because of this you may wish to contact both Lowell Portfolio to inform them of this situation and raise the matter with them. As they are trying to also issue court proceedings whilst a dispute is ongoing, I'd also strongly advise speaking to the Financial Ombudsman Service as well who should be able to provide you with some guidance on what to do in this respect.

I appreciate this information you've provided and I've passed this onto our supervisory department for their own review.

Yours sincerely'

[MIKE770]

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