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County Court Defense - Lowell Solicitors

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  • County Court Defense - Lowell Solicitors

    Could I please have some advise? on 9th Feb I responded to a County Court Claim form from NORTHAMPTON Court regarding the claimant Lowell I PORTFOLIO Ltd via Lowell Solicitors.

    I correctly responded online within my 14 days I had allocated using the acknowledgement of service and that I wished to defend my claim.

    I've now received a letter from Lowells Solicitors dated 11th Feb saying I failed to respond to the claim entered against me (typical of them trying to jump the gun so in goes in their favour, I know! ) and they are now instructed to enter a CCJ against me - legally I know they can't do this as its only the court that can.
    They have also threatened County Court Bailiffs for a Warrant of Control.

    I will be contacting them directly regarding this new letter, but what do you suggest I say?

    Also I'm awaiting for them to acknowledge my CCA request via letter so I can use this information to defend my claim accordingly.

    On a number of ocassions they have breached certain FCA regulations, which I'm adding to my defence as my own particulars and require an investigation to be undertaken as part of this!

    I'm asking them to prove the debt is mine, I've been through FCA handbook with a fine comb and have a number of points to raise with them!

    1) The Calim Compromises the following Agreements the Defendent entered into:
    a. Capital One (Europe) plc with reference ****** and current balance of £1095.52
    b. Shop Direct Financial Services with reference ******* and current balance of £2648.63
    The Agreements were terminated as payments were not maintained and subsequently assigned to the Claimant.
    And the Claimant claims:
    a) The total of the said sums being £3744.15
    b)Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, but limited to one ywar, being £299.53
    c) Costs


    Ideally I would like some advice on how to respond to the following:-
    1 - Response to their newest letter stating I had not acknowledged the County court claim form (which is totally untrue)
    2 - Details or particulars I can add to my defence.

    I was made redundant in 2018 and have now been diagnosed with a Nueroligical disorder so money is very tight. I've alresdy completed a budgeting form with a debt advice service and basically I'm left with pennies each month!
    3- is it too late at this stage to discuss "token payments" with Lowells?

    Any advice would be greatly appreciated. Thanks Rachael x
    Tags: None

  • #2
    log in to MCOL and should show your submission on there , lowells do this to unsettle people but keep copy of this letter on file also any other correspondence to possibly use later if necessary/ make sure yoir defence in on time but only 2 days before due as lowells will not have time to trash it:- defence should state on such a date request for CCA was made - no cca received to date also any other request you made as long as mentioned on original court form>
    CPR 31.14 Request Example Defence

    Comment


    • #3
      do not write to lowells at this stage follow court procedure Check dates

      Comment


      • #4
        Update ; further advice needed:
        I submitted my defence via MCO where I fully defend the claim under reasonable grounds &; I do not acknowledge the debt! It also stated (used the template letters on here &; added other defence statements) that the claimant hadn't provided me with additional info so I could assess claim correctly! Lowells Solicitors responded to my CCA &; SAR request to say will be sent soon & Court responded via letter to say defence has been submitted claimant has 28 days to respond.

        1) 15/03/21 - I received a letter dated 12/03/21 from Overdale Solicitors (previously Lucas Credit Services) stating that Lowell Portfolio I Ltd have instructed them to take over the claim which is a Notice of Change of Legal Representation &; that Lowells Solicitors Ltd are no longer instructed.
        Can they do this? I'm sure they are just doing it to pass the buck &; to purposely confuse me

        2) subject access request to see exactly what data Lowells Portfolio hold on me was requested, they did respond to say they would respond but no timeframe given - again I want this information to asses the claim further and I stated this is in my defence so I could defend the claim fully as I do not acknowledge the debt!

        3) in the letter its states " The Client has decided to proceed with the claim as a defended matter. You shall receive a copy of Directions Questionairre Separately"
        A) no time frame provided as to when I will receive this, yet it states I must respond to their letter within 14 days
        B) How do I respond or what on earth do I write for the Directions Questionairre? I'm feeling a bit lost now

        4) CCA requested for both Very & Capital One which is a joint claim via Lowells Portfolio.
        A) Reconstituted CCA for Very received dating back to Nov 2011 (2018/19 my account apparently defaulted so it's not statute barred)
        B) No CCA for capital one provided - they have stated they have requested this from original creditors, which will be provided upon receipt. Again no time frame provided.
        C) reconstituted letters in regards to both
        D) they claim they sent me correspondence prior to the commencement of legal proceedings to attempt to settle or raise any disputes. - I can guarantee I did not received this. The fact that within the envelope I received today with my documentation inside there was also a full letter & documentation for a random Mr G Parkins who lives in Leeds (I live near Newcastle) all his details, including details of the debt etc which is a massive breech of data protection. So this does not lead me to beleive that they are always competent in sending letters to the correct addresses!
        ​​​​​​E) As a reconstituted CCA was provided for Very - Shop Direct it states my parents address & that it was signed Nov 2011. However I'm pretty sure I did not live at their address then!
        Shop direct address states Aintree Innovation Centre but a quick check on companies house and they do not appear to have been at this address in 2011.
        *Therefore is the Reconstituted CCA a true representation of the original CCA?

        5) letters are not originals, no company logo, no title what the letter is about etc - shop direct one states Littlewoods/Additions Direct, pretty sure they merged and were no longer Littlewoods long before 2011.
        *letters front and back for Very & Capital One in photos

        6) they have suggested meditation via telephone- which I did state on my defence would be a possibly option as I want to avoid court at all costs
        A) can I insist during mediation I want all the documents I should have been provided with CCA including t&cs and they have yet to provide me with a CCA for Capital One. As under reasonable grounds I require ALL documentation requested to assess and fully defend my claim!

        7) If the CCA is valid it is enforceable - how can I tell?
        They have advised I can contact them directly.....is it worth offering a token payment £1 per months at this stage for VERY or is that admitting liability?
        I want the CCA etc for Capital One before I agree to anything!

        I have copies of everything even receipts for recorded delivery to them.

        I have a neurological disorder so all this really stressea me out, ANY advice on how to respond to their letter, directions Questionairre or any other template letters or aspects I may need to look at is greatly appreciated. This website has been so informative!

        Current status of claim (no directions Questionairre or further proceedings listed) via MOC posted on pics & copies of letters received today.
        Thanks again for any help or advice I may receive


        ​​​​​​**** most of of my photos won't upload ☹️****
        Attached Files

        Comment


        • #5
          MIKE770 thanks for your previous response. It's now been moved over to Overdale Solicitors instead of Lowells Solicitors.

          They sent me a reconstituted CCA for Very only but just the bog standard CCA, no t&cs that would have been sent with the Original.

          Absolutely no docs I requested for Capital One have been sent to me which was in the same letter. Its a joint claim for Very & Capital one via Lowell I Portfolio.

          Overdale sent me a copy Directions Questionnaire with some of the boxes to questions already typed in

          Then I Directions Questionnaire received from Northampton Court now too, I've no idea what to do with it, how to answer the questions or if I've still got a chance to fight them for this!

          Mediation is an option but again I want ALL paperwork I requested so I can review everything!

          Any advice would be greatly appreciated thanks

          Comment

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