** STAYED ** Lowells takes me to court

[Leedslady]

Morning,
just looking for a bit of advise please I've had court papers from bw legal on behalf of lowells, long story short they have been sending me letters since 2014 saying I owe monies I've been asking for a signed credit agreement which I have never received.I have disputed the claim & sent all paperwork that explains all this got a letter from the courts telling me they have recieved all paperwork for dispute and lowells have 28 days which was 6 th dec I've heard nothing from court but had a letter from bw legal saying there client is going a head with court proceedings just wondered if anybody could advise next step thanks

[nemesis45]

Re: Lowells takes me to court

Morning,
just looking for a bit of advise please I've had court papers from bw legal on behalf of lowells, long story short they have been sending me letters since 2014 saying I owe monies I've been asking for a signed credit agreement which I have never received.I have disputed the claim & sent all paperwork that explains all this got a letter from the courts telling me they have recieved all paperwork for dispute and lowells have 28 days which was 6 th dec I've heard nothing from court but had a letter from bw legal saying there client is going a head with court proceedings just wondered if anybody could advise next step thanks

Good morning, welcome to LB,

Please give us some history of the debt:
1. Name of original creditor.

2. Type of account.

3. Amount Claimed.

4. Default date /date of last payment.

Check with court tomorrow to see if they claimant/BWL has responded to your defence.

If possible please either post a copy of the N1 claim form after removing the claim number and your name and address or type in the particulars of claim word for word.

Have you made a formal request for a copy of the agreement to Lowell + £1 statutory fee? (CCA Request) Or a request under the provisions of Civil Procedure Rule 31.14 to BW for inspection of the documents mentioned in the particulars of claim (no fee).
nem

[Leedslady]

Re: Lowells takes me to court

Thank you for the response -nemesis45
The original debt was from provident £687.99 but now they say it's £872.89 the problem I have is I don't think it's my debt that's why I have asked for proof it is my debt my x husband has the same initial as me so could be his we did both have accounts but as far as I was concerned mine was paid I've explained all this but seems to fall on deaf ears so I'm quite happy for it to go to court and see a copy of the signature if that makes sence

[nemesis45]

Re: Lowells takes me to court

Thank you for the response -nemesis45
The original debt was from provident £687.99 but now they say it's £872.89 the problem I have is I don't think it's my debt that's why I have asked for proof it is my debt my x husband has the same initial as me so could be his we did both have accounts but as far as I was concerned mine was paid I've explained all this but seems to fall on deaf ears so I'm quite happy for it to go to court and see a copy of the signature if that makes sence

Hi,

Did you make a formal request for a copy of the provident agreement (CCA request) with the £1 statutory fee? Important!
Is this alleged debt on your credit reference files? You can check Noddle and Clear Score free online.

nem

[Diana M]

Re: Lowells takes me to court

.I have disputed the claim & sent all paperwork that explains all this got a letter from the courts telling me they have recieved all paperwork for dispute and lowells have 28 days which was 6 th dec I've heard nothing from court but had a letter from bw legal saying there client is going a head with court proceedings

Does that letter from BW Legal also enclose a copy of their Directions Questionnaire?

The court has acknowledged your Defence and sent it to the Claimant who has now written to tell you that they intend to continue with the proceedings. The next thing you'll receive from the court will be a Directions Questionnaire to complete.

Call the the court on Monday to check if it's been sent out.

What legal arguements did you include in your Defence?

Di

[Leedslady]

Re: Lowells takes me to court

Hi yes I asked for the credit agreement bk in 2014 i didn't send any money it was just a letter to lowells but I had asked provident on numours occasions before they sold the debt on, This has been going on a few years with different debt companies but lowells / bw legal have took me to court

[Diana M]

Re: Lowells takes me to court

I asked for the credit agreement bk in 2014 i didn't send any money it was just a letter to lowells

In which case you need to send a CCA Request with the £1 statutory fee asap.

Di

[nemesis45]

Re: Lowells takes me to court

Hi yes I asked for the credit agreement bk in 2014 i didn't send any money it was just a letter to lowells but I had asked provident on numours occasions before they sold the debt on, This has been going on a few years with different debt companies but lowells / bw legal have took me to court

OK Lowell will ignore requests sent without the fee, do make another request with the fee of £1 use postal order marked for statutory fee only abd send the request by signed for post.

You will find a template in the green box at the top of the " court claim forum".

Was the letter a simple " our client intends to continue the claim " or was a " questionnaire attached ?

nem

- - - Updated - - -

Also send a request to BWL for the documents mentioned in the particulars of claim (no fee) There's a template in the green box as well! See CPR31.14 request.

nem

[Diana M]

Re: Lowells takes me to court

I don't think it's my debt that's why I have asked for proof it is my debt my x husband has the same initial as me so could be his we did both have accounts but as far as I was concerned mine was paid I've explained all this but seems to fall on deaf ears so I'm quite happy for it to go to court and see a copy of the signature if that makes sence

That makes perfect sense

When did you last pay anything towards your Provident account?

Has anyone sent you any statements or anything at all which links the account to you not your ex-husband?

I don't suppose you sent the £1 statutory fee with any of those previous requests to Provident (or their DCAs) for a copy of the agreement?

Also as I asked earlier what was the basis of your Defence in case you need to amend it?

Di

[nemesis45]

Re: Lowells takes me to court

Hi yes I asked for the credit agreement bk in 2014****** i didn't send any money ******it was just a letter to lowells but I had asked provident on numours occasions before they sold the debt on, This has been going on a few years with different debt companies but lowells / bw legal have took me to court

**** All the more reason to get a proper CCA request sent asap^******

Please type in the particulars of claim word for word, so we can see what documents are mentioned.

nem

[Diana M]

Re: Lowells takes me to court

**** All the more reason to get a proper CCA request sent asap^******

Agreed.

As stated by me in post # 7 earlier

In which case you need to send a CCA Request with the £1 statutory fee asap.

Diana M

[Leedslady]

Re: Lowells takes me to court

**** All the more reason to get a proper CCA request sent asap^******

Please type in the particulars of claim word for word, so we can see what documents are mentioned.

nem

I will get the letter done ASAP and send do I send a copy to court too or just to lowells ? Also there was nothing with the letter from bw legals the letter was very basic please see below

We write with reference to the above matter
our client intends to continue with the claim
we have filed for notice of our clients intention to proceed with the court

Your faithfully

Bw legal

Thank you for the help really appreciate it

[MIKE770]

Re: Lowells takes me to court

CCA Request

[nemesis45]

Re: Lowells takes me to court

I will get the letter done ASAP and send do I send a copy to court too or just to lowells ? Also there was nothing with the letter from bw legals the letter was very basic please see below

We write with reference to the above matter
our client intends to continue with the claim
we have filed for notice of our clients intention to proceed with the court

Your faithfully

Bw legal

Thank you for the help really appreciate it

#

The CCA request to Lowell +£1 statutory fee use signed for post.

nem

[Leedslady]

Re: Lowells takes me to court

CCA Request

Thank u