Lowell Claim Form

[lillman]

Re: Lowell Claim Form

Did you send a CPR request to Lowell...?

Yes, they signed for it on 3rd November...

[Stu]

Re: Lowell Claim Form

Looks pretty darn good but [MENTION=42011]Nem[/MENTION] [MENTION=5553]charitynjw[/MENTION] will know much better

[lillman]

Re: Lowell Claim Form

Looks pretty darn good but [MENTION=42011]Nem[/MENTION] [MENTION=5553]charitynjw[/MENTION] will know much better

Great, thanks Stu!

Assuming [MENTION=42011]Nem[/MENTION] [MENTION=5553]charitynjw[/MENTION] give it the thumbs up, how and when should I submit my defence?

[nemesis45]

Re: Lowell Claim Form

Morning Stu,

I wonder whether you could please have a look at the defence I posted please? I'm conscious that I'm running out of time, the claim was issued on 28th Oct plus 33 is 30th Nov?

Many thanks!

Looking good !
You can file online using MCOL or send by signed for post to the court.

nem

[lillman]

Re: Lowell Claim Form

Looking good !
You can file online using MCOL or send by signed for post to the court.

nem

Brilliant, thanks Nem! Would you suggest doing that ASAP?

What happens after I've submitted my defence?

Sorry for all the questions, I'm just worried and want to make I do everything I can to dispute this... My Equifax score was 366 and Poor just two months ago, I checked it yesterday and it's shot up incredibly to 522 and Excellent and this is the only "debt" on my credit report, so I want to keep building my credit.

[nemesis45]

Re: Lowell Claim Form

Brilliant, thanks Nem! Would you suggest doing that ASAP?

What happens after I've submitted my defence?

Sorry for all the questions, I'm just worried and want to make I do everything I can to dispute this... My Equifax score was 366 and Poor just two months ago, I checked it yesterday and it's shot up incredibly to 522 and Excellent and this is the only "debt" on my credit report, so I want to keep building my credit.

When is the defence due?

MCOL is quicker, but if you are concerned about getting the defence properly filed you can use MCOL then send a hard copy to the court as "confirmation" belt and braces is reassuring.

nem

[lillman]

Re: Lowell Claim Form

When is the defence due?

MCOL is quicker, but if you are concerned about getting the defence properly filed you can use MCOL then send a hard copy to the court as "confirmation" belt and braces is reassuring.

nem

Thanks Nem.

The claim was issued on 28th October, so am I right in saying it's 33 days after that date? If so, it's due on 30th November.

I'll send via MCOL and also send a hard copy via recorded delivery.

[nemesis45]

Re: Lowell Claim Form

Thanks Nem.

The claim was issued on 28th October, so am I right in saying it's 33 days after that date? If so, it's due on 30th November.

I'll send via MCOL and also send a hard copy via recorded delivery.

Correct! Once the court passes the defence to the claimant/solicitors they have 28 days + 5 for service to respond. NB if the claimant does not respond you are not told about it and the court stays (suspends) the claim so you will need to check with the court to find out the status of the claim.

nem

[charitynjw]

Re: Lowell Claim Form

Hi lillman

The court claim is for a loan, so technically s77 CCA is applicable.
That said, your defence covers that, as you have mentioned s77-79.
Just to clarify, & fyi, they only remain in breach of the CCA for as long as they are non-compliant with your CCA request; if they do unearth documentation, it's game on again & we can look at what has been sent to you.
For that reason it's best to leave sending your defence until close to the court deadline. (but don't miss it!).
& if you are confident about not receiving any communication from them prior to the court claim landing on your doormat, you could also mention lack of pre-action protocol as part of your defence.
If you do send anything by land mail, always get proof of postage.

[lillman]

Re: Lowell Claim Form

Correct! Once the court passes the defence to the claimant/solicitors they have 28 days + 5 for service to respond. NB if the claimant does not respond you are not told about it and the court stays (suspends) the claim so you will need to check with the court to find out the status of the claim.

nem

Great, thanks Nem!

[lillman]

Re: Lowell Claim Form

Hi lillman

The court claim is for a loan, so technically s77 CCA is applicable.
That said, your defence covers that, as you have mentioned s77-79.
Just to clarify, & fyi, they only remain in breach of the CCA for as long as they are non-compliant with your CCA request; if they do unearth documentation, it's game on again & we can look at what has been sent to you.
For that reason it's best to leave sending your defence until close to the court deadline. (but don't miss it!).
& if you are confident about not receiving any communication from them prior to the court claim landing on your doormat, you could also mention lack of pre-action protocol as part of your defence.
If you do send anything by land mail, always get proof of postage.

Thanks Charitynjw!

I'll wait until 29th to submit my defence. With regards to the lack of pre-action protocol, how would you suggest I word this in my defence statement?

I didn't receive a letter about default from HFC Bank and I didn't receive any correspondence from Lowell to say they had taken over the "debt" - of course, I assume they will deny this, but unless they sent it recorded delivery then how can they prove I actually received it? This is why we send correspondence to them via recorded delivery! It's down to them to prove that I received those letters?

[charitynjw]

Re: Lowell Claim Form

Lol!

I dare say they will ̷c̷o̷n̷c̷o̷c̷t̷ ̷s̷o̷m̷e̷ ̷e̷v̷i̷d̷e̷n̷c̷e̷ find on their records that appropriate notices were sent, & will support the findings with a Witness Statement & a signed statement of truth.

[lillman]

Re: Lowell Claim Form

Lol!

I dare say they will ̷c̷o̷n̷c̷o̷c̷t̷ ̷s̷o̷m̷e̷ ̷e̷v̷i̷d̷e̷n̷c̷e̷ find on their records that appropriate notices were sent, & will support the findings with a Witness Statement & a signed statement of truth.

In that case, I will provide a witness statement of my own along with a statement of proof to say that I actually overpaid this loan by £20,000 and I want it back ;-) Haha!

In all seriousness though, surely that doesn't actually count as proof that I physically received the letter? That could open all kinds of "he said, she said" allegations... They are going to say I received it and I'm going to say that I didn't, check-mate? Haha FYI - I genuinely never received anything from HFC Bank or Lowell about this :-)

[charitynjw]

Re: Lowell Claim Form

They will offer proof that letters were sent.
It is then up to you to rebut that evidence.
The decision, for or against, is decided by the judge on 'balance of probabilities'.
I certainly don't doubt your assertion that you didn't receive them.
Unfortunately I'm not the judge!
(Ps.....about that £20k I lent to you to help you pay your loan..........)

[lillman]

Re: Lowell Claim Form

They will offer proof that letters were sent.
It is then up to you to rebut that evidence.
The decision, for or against, is decided by the judge on 'balance of probabilities'.
I certainly don't doubt your assertion that you didn't receive them.
Unfortunately I'm not the judge!
(Ps.....about that £20k I lent to you to help you pay your loan..........)

Sorry, I have no recollection of £20k you alleged to have lent me - prove it!