lowell claim

[Rangytangy]

Hi there I am after some advise relating to a stayed ccj claim for the amount of £352 original creditor jd Williams bought by Lowell portfolio ltd and being handled by Lowell solicitors. I filed a defence after requesting documents in a statement of case under cpr31.14 and after sending a letter as a formal request under the consumer credit act 1974 requiring them to provide me with a true copy of the alleged signed agreement .After receiving none of the above information and the courts having no response to the defence within the specified time frame the claim is now stayed.I have recently received documentation from Lowell solicitors saying they have enclosed a copy of the agreement which has no dates and only a signature for someone acting on there behalf and they are also stating they are unable to provide a copy of the default notice as they are not on there system.can someone please advise me if they can apply to have the stay lifted and force a ccj with this unsigned agreement and the failure to supply me with the default notice and letter of assignment as requested. Many thanks.

[charitynjw]

Re: lowell claim

Hi rangytangy

Yes, they can apply to lift the stay.
Imho, the real question is, will they?
They have already parted with the cost of purchasing the debt & the claim issue fee.
They now have to apply to have the stay lifted (which I believe is £255).
It doesn't leave a lot in the way of profit for them (& profit is the name of their game).

[Diana M]

Re: lowell claim

I have recently received documentation from Lowell solicitors saying they have enclosed a copy of the agreement which has no dates and only a signature for someone acting on there behalf and they are also stating they are unable to provide a copy of the default notice as they are not on there system.

Can you post up a redacted copy of the agreement which Lowells have sent to you. That might be a good starting point.

They can apply to the court to lift the stay but they would also need to tell the court why they think their application should be successful.

Di

[Rangytangy]

Re: lowell claim

Hi there thanks for swift reply I have attached the reconstructed agreements thank again.

[charitynjw]

Re: lowell claim

Hi rangytangy

Is that all they have sent to you?

[Rangytangy]

Re: lowell claim

A covering letter was also supplied just stating the date the account was opened and the date it was passed on to lowell .Also a letter from Lowell saying the same but also stating they were unable to produce a copy of the default notice. Many thanks.

[charitynjw]

Re: lowell claim

Ok

Marisota is now a trading style (brand name) of J D Williams, hence, I suspect, the JDW agreement.

Re the Marisota/Candid Collections copy, under key info, there are references to further conditions.
Likewise in the JDW copy (look in the middle of the copy).
If you haven't received the T&Cs indicated, the response is not compliant with your CCA request.
(But don't tell them yet!).