Question Regarding General Directions Order. **LOWELL FINANCIAL**

[andygiffy]

Hello I need a little help with what to do next.

My wife has had a claim filed against her from Lowell Financial for nearly 800 pounds for an old credit card.

My wife has no recollection of this amount and has repeatedly asked them for proof in the way of deed of assignment, credit agreement and statement of account. They have refused time and time again or quite simply not provided it.

I sent form N244 with the fee into the county court and a General Directions Order was sent to Lowell giving them till 31/07/16 to provide all of the paperwork. From that point my wife was to be given another 28 days to file a defence.

We are now on the 01/08/16 and neither my wife or the court have had any communication from Lowell at all.

The court suggests she file a defence for the full amount based on the fact that Lowell have provided no paperwork but suggest I get advice on that.

Could someone please tell me what steps I need to go through next and what actions to take and if there are any templates that would be handy as well.

I hope someone can help and many thanks in advance.

Regards

Andy

[R0b]

Re: Question Regarding General Directions Order. **LOWELL FINANCIAL**

Hi Andy,

Why did you send an N244 application with a fee if the claim is being brought by Lowell? Your whole post is a bit of a mix and match so some further clarification would be helpful.

Has your wife tried to contact Lowell in the meantime to find out where the paperwork is? It would be helpful if you could provide a copy of the Order so we can see the wording of it (personal info removed).

As Lowell have failed to provide the documentation they are technically in breach of the Order and so they would need to apply for relief from sanctions although if they do provide the required information in the next couple of days then its unlikely that the claim will be struck out. Nonetheless it might be wise to write to the court (or if by email mark subject as urgent) and request for a strike out as the claimant has failed to comply with the Order to provide documents by 31 July and are non-responsive. You could also ask that costs awarded in your favour whatever they may be (£18 per hour for LIP but be realistic on this).

In the meantime you could start preparing your defence on the basis of the above. The starting point is here -> http://legalbeagles.info/forums/show...t-Court-Claims

But it perhaps worth adding in a few extra lines about failure to comply with an order.

I've tagged [MENTION=55034]nemesis45[/MENTION] too for assistance

[andygiffy]

Re: Question Regarding General Directions Order. **LOWELL FINANCIAL**

Hi Rob

Thanks for the Help.

This is all involving an old vanquis debt. My wife did have a credit card many many years ago (4 - 5 I think) and the limit was 250 quid. This claim that Lowell has made against her is on behalf of vanquis and is for £799.

I spoke to Lowell in the first instance to enquire and all they claimed was we have to pay the amount. I then sent in a CPR 18 request for all documentation. Way after the deadline they sent me a response saying that they had requested paper work off the original creditor (vanquis).

I had no reply and asked them again only to be met with the same excuse.

I spoke to The County Court Business centre and stated to them verbally that Lowell have provided me with no paper work to substantiate the claim they are making against my wife. They advised me to file form N244 to get an order produced ordering Lowel to produce the paper work.

The txt of the order basically said by the 31/07/2016 Lowell had to provide us with.

Credit agreement.
Deed of Assignment.
Statement of account.

My wife was then granted another 28 days after we receive these to file her defence.

as I said its the 01/08/2016 and there is nothing.

Do I have to file a defence if Lowell have not complied with the courts order or can I just try and get it struck out? Is there specific wording I should use for a strike out?

Thankyou.

[andygiffy]

Re: Question Regarding General Directions Order. **LOWELL FINANCIAL**

By the way I based my courses of action on this thread http://legalbeagles.info/forums/show...order-at-court

[andygiffy]

Re: Question Regarding General Directions Order. **LOWELL FINANCIAL**

Hi folks. Still nothing in the post today so I have sent this to the court.

Your Ref: CLAIM *********

To Whom It May Concern


I refer to the above claim filed by Lowell Solicitors / Portfolio issue date 17/05/2016


Lowell Portfolio were issued with a General Directions Order dated the 04/07/2016. This general directions order requested that Lowell Portfolio provide ****** with the Alledged Credit Agreement, Statement of Account, Default Notice and Notice of Assignment that they rely on in this case. The dealine set was the 31/07/2016.


As of 02/08/2016 12.52 PM ****** has received no such documentation by email or post neither have we been contacted to advise us of any delays. It is clear therefore that Lowell have failed to obey the courts instructions.


Inlight of the above ****** is unable to ascertain the validity of the account in question due to the lack of documentary evidence and therefore is unable to prepare a satisfactory defence due to the lack of information.


I therefore with ****** permission ask that Lowells Claim is Struck Out due to not obeying the courts instructions and lack of evidence. I also ask that ****** is awarded costs to the vaule of £100 (to be paid by lowell) to cover the cost involved in applying for the general directions order.


We look forward to your confirmation of this in writing or by return of email or alternate instructions.


Regards

Hope its sufficient.