Tweet
Hi guys.
Having a look around the Lowell forum, I've found some older Lowell-related posts. I've just received a Letter of Claim from Lowell Solicitors - the same standard "We have not heard from you..." and "instructed by our client Lowell Portfolio too commence legal action and issue a Claim against you in the County Court Buk Centre..." and I'm just wondering whether this letter that I saw posted in a similar thread (but dated a year or so ago) was still appropriate in this case?
"Re: Account number *****************************
Thank you for your letter dated 27th of May 2016, the contents of which have been noted. As you have headed it Letter of Claim, I would like to refer you to paragraph 3 of the Practice Direction Pre-Action Conduct, which states: “before commencing proceedings, the court will expect the parties to have exchanged sufficient information to (a) understand each other’s position; (b) make decisions about how to proceed;”
Paragraph 6 of the PD states “the parties should exchange correspondence and information to comply with the objectives“ and Paragraph 6(c) refers to “the parties disclosing key documents relevant to the issues in dispute.” My request refers to the documents I require to obtain the necessary information to assess my position in this case.
I require copies of the following:
These documents would be expected to be supplied if proceedings were issued and would likely be in your possession if you were issuing a claim. If you consider that there is difficulty in providing a copy of a document, please identify that document and the reason.
In accordance with the PD, I shall be able to provide you with a full response to your letter within 14 days of receipt of the documents listed above and also reserve the right to refer to the contents of this letter if proceedings are issued without first providing copy documents to me.
Yours faithfully,"
I also think I probably need to get a full credit report from Experian or something, as I'm fairly certain that this debt is older than 6 years - or is certainly very close to it.
Advice appreciated!
Having a look around the Lowell forum, I've found some older Lowell-related posts. I've just received a Letter of Claim from Lowell Solicitors - the same standard "We have not heard from you..." and "instructed by our client Lowell Portfolio too commence legal action and issue a Claim against you in the County Court Buk Centre..." and I'm just wondering whether this letter that I saw posted in a similar thread (but dated a year or so ago) was still appropriate in this case?
"Re: Account number *****************************
Thank you for your letter dated 27th of May 2016, the contents of which have been noted. As you have headed it Letter of Claim, I would like to refer you to paragraph 3 of the Practice Direction Pre-Action Conduct, which states: “before commencing proceedings, the court will expect the parties to have exchanged sufficient information to (a) understand each other’s position; (b) make decisions about how to proceed;”
Paragraph 6 of the PD states “the parties should exchange correspondence and information to comply with the objectives“ and Paragraph 6(c) refers to “the parties disclosing key documents relevant to the issues in dispute.” My request refers to the documents I require to obtain the necessary information to assess my position in this case.
I require copies of the following:
- The original Orange contract;
- The Default Notice;
- The Notice of Assignment to your clients;
- Statements of account;
These documents would be expected to be supplied if proceedings were issued and would likely be in your possession if you were issuing a claim. If you consider that there is difficulty in providing a copy of a document, please identify that document and the reason.
In accordance with the PD, I shall be able to provide you with a full response to your letter within 14 days of receipt of the documents listed above and also reserve the right to refer to the contents of this letter if proceedings are issued without first providing copy documents to me.
Yours faithfully,"
I also think I probably need to get a full credit report from Experian or something, as I'm fairly certain that this debt is older than 6 years - or is certainly very close to it.
Advice appreciated!
