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Letter before Claim - Lowell

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  • Letter before Claim - Lowell

    Evening Beagles,

    I have received a County Court Claim letter from Lowell Portfolio I Limited (I have submitted my AOS in the portal today giving me more time to defend this as this is a date older then 6 years) but I am wondering if they should have sent me a Letter before Claim and in a certain format? I don't recall receiving anything like what I google. I am going to send a CCA letter and SAR request but not sure if I should send a CPR letter.

    Thanks in advance
    Tags: None

  • #2
    To update, I have a CCA letter drafted which I will print 2 copies; 1 to go to Lowell Portfolio and another copy version to go to Lowell Solicitors, a CPR letter drafted to go to the Lowell Sols along with the copy CCA letter and a SAR request that I will send to Vanquis. I am just not sure if Lowell Portfolio / Lowell Sols should have sent me a LbC letter?

    Thanks

    Comment


    • #3
      If anyone will see and reply to this thread, I have today filed Defence as Lowell I am getting the feeling are sneaky and wont play by the rules. I sent my CCA, CPR and SAR. I received 1 letter back of Notice of Claim but this was after I had sent them the CCA so not sure that they have followed the guide there, that is to be sent to me before it gets this far?!

      I received another letter today, stating initially, on what date I entered in to the agreement with Vanquis, my address at the time and email address on file. They confirm they have received my AOS to ensure that i respond to the claim as I deem appropriate within the timescales....oh i'm sure they have my best interests at heart! They state that they have requested a copy of the Agreement and Statement but I am to be advised that they are unable to control the timeframe in which this may take, that shall contact me promptly. They provided me with the notice of assignment which I do'nt ever remember seeing, plus I keep anything important such as that. They have 12 days in order to provide me with a copy of the agreement, don't they? Do I respond to them to re-confirm this or leave the days to elapse?

      Thanks in advance,

      Comment


      • #4
        If you in a court case then you must keep to the court timetable. In your defence mention the lack of CCA.

        Comment


        • #5
          Thank you for your response. I have complied with my dates as per the court letter but the CCA letter says that they have to respond within 12 days yet they have not, does this mean they have breached any legal guidelines? Thanks

          Comment


          • #6
            I believe that they may have since their response was required within 12 days. courts are very specific with these types of guidelines.

            Comment


            • #7
              Thank you. Since my message above, I have not received a copy of the original agreement and I received a Notice of Assignment after my letter I sent requesting it (as I mentioned I did not receive this previously). The annoying thing with Vanquis is they do not date some of their letters, which I find a sneaky move!

              I received a letter dated 30/10/20 stating "Please find enclosed a copy of the Directions Questionnaire which may result in settlement without further legal action and costs. Mediation would be conducted over the phone by an independent mediator." What is best to do with this?

              I also received an email on 6/11 from Data Rights Team at Vanquis with my Data Subject Access Request information with a zip file, sending me password by post which I received about a week later.

              Last week I also received a Notice of Proposed Allocation to the Small Claims Track from County Court Business Centre. I have until 26 November to complete the Small Claims Directions Questionnaire and file it with the court office but this is the 1st time I have ever received one of these and any help as to what I do here would be appreciated.

              Thanks

              Comment


              • #8
                you mediate - what they ask is have you all the documents to allow mediation - if not state no, mediation will state no mediation and pass back to the court for instructions/,,look around site and familiar yourself with the court system be armed

                Comment


                • #9
                  Thank you Mike. Where Lowell have not provided a CCA but I have been sent a digitally signed copy in my SAR request, is this suffice for them or do Lowell need to provide this as they have bought the debt?

                  I have also just noticed ROP payments and a small refund on my records with Vanquis and after a small Google, Debt Camel seem to think that they are 'misinterpreting' the FCA guidelines on this and have refunded less then they should. I dont remember agreeing to ROP (but it was nearly 8 years ago) and working out just what I was charged (without the interest applied) it is much less, should I be referring to this with them?

                  Comment


                  • #10
                    If after 2007 probably accepted. Celestine

                    Comment


                    • #11
                      Accepted? As in the CCA would be accepted, even though it was provided in the SAR and not from Lowell who bought the debt? Do I settle at mediation and set up a payment plan? Would this mean I would still end up with a CCJ? I have to respond by 26 Nov so any immediate help would be appreciated

                      Comment


                      • #12
                        Directions Questionnaire okay found you here, what does directions say?

                        Comment


                        • #13
                          Hi Mike. How do you the front sheet?

                          Comment


                          • #14
                            That was meant to say "How do you mean, the front sheet?"

                            Comment


                            • #15
                              This guide is designed for claims in the County Court where there is a specified amount of money less than 10,000 on the original claim form being claimed. The claim may have been issued via the County Court Business Centre Northampton, County Court Money Claims Centre Salford or a Local County Court.

                              As case management progresses the court will need to find out certain information to allow the process to continue, the N180 Directions questionnaire (Small Claims Track) is a part of that process. Along with the form you will have received an order from the court detailing the date you are required to return it by, it's important you keep to this deadline to prevent sanctions against you.

                              You may hand write the form or the online version of the N180 is here if you want to type then print it: https://assets.publishing.service.go...6/n180-eng.pdf

                              There are some pics below and you should complete the form as follows:

                              A1 tick yes for mediation, you need to appear to be trying to be reasonable and it is also incumbent upon you to try to settle the claim without need of a hearing. Any agreement via mediation is binding, but not classed as a CCJ.

                              Mediation takes place by telephone and you won't be in a conference call with them or their solicitor. It's a one hour appointment where the mediator will ring you to get your views and then ring them for theirs. It will go back and forth throughout the hour to try to settle it.

                              B is self explanatory, just your contact details.

                              C1 tick yes, you don't want to be in the other tracks with their costs implications. Costs in the Small Claims Track are limited if you lose as long as their is no unreasonable conduct and therefore staying within it protects you should you be unsuccessful.

                              D1 you should put the name and address of your local court ( https://courttribunalfinder.service....s&spoe=nearest ) and one of the following reasons:
                              Claimant: "Claimants Preferred Court pursuant to CPR 26.2A(4)."

                              Defendant is an individual: "Defendants Home Court pursuant to CPR 26.2A(3)."
                              Defendant is a company: "Defendants Preferred Court pursuant to CPR 26.2A(4)."



                              D2 complete appropriately dependant on whether you intend to bring expert witnesses.

                              D3 put 1 if just you intend attending a hearing on the day. If you have witnesses or are being accompanied by someone then state the number of them, but always remember to add yourself in the figure placed in the box.

                              D4 is self explanatory, dates of Holidays, special events or business trips you might have to take. Also whether you need an interpreter and if you do for which language.

                              Make a copy, send the original to the court and serve the copy to the Claimant or their solicitor at the address for service on the original claim form as the order with it will direct "and serve copies on all other parties."

                              Comment

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