Letter before Claim - Lowell

[Jellard86]

Hi. I found that and have completed as per the guide, so shall I send this off tomorrow for guaranteed next day delivery?

[MIKE770]

and keep copy

[Jellard86]

Perfect. Is there any reading for preparing for mediation? I.e. what paperwork I should have from Lowell, like a list....if that makes sense!

[Jellard86]

Reading the inside sheet, it asks "I can confirm that I have enough information about the claim, to allow me to enter in to negotiations" I guess this would be no?

[Jellard86]

It says if you have answered No to either of the questions then mediation is not suitable for your case

[Jellard86]

Would it help to provide a timeline to this point?

[MIKE770]

basically mediation will ask if you have ALL necessary paperwork etc to mediate, if lowells etc outstanding you say NO, mediation should then state mediation will not go ahead and they inform court for next progress. ##did you send CPR 31.14 asking for all documents listed in the original court form??t could be the out standing paperwork at mediation if out standing then? read previous list and cca might be still out standing? and anything else you requested?

[MIKE770]

Would it help to provide a timeline to this point?

yes as having to search

[Jellard86]

30/07/20 - Statute Barred letter sent to Lowells
06/08/20 - Lowell replied to state that a payment was made October 2017
05/10/20 - Received Notice of Claim Issue (This is the first time I have seen this - odd that this arrives after I show intention of fighting the debt). States they are claiming £2258.45
19/10/20 - Receive HM&TS Acknowledgement of Defence, stating the claimant has 28 days to respond to the court
21/10/20 - Lowell Solicitors letter stating they are writing in response to Defence dated 17/10 and 'their previous correspondence'. It goes on to say, "It is noted from your defence that you have requested documents to verify the validity of the debt. Please be aware that documentary evidence has been requested by our client Vanquis. This will be forwarded on to you in due course." - My question here; is Vanquis their client? Is their client not Lowell Portfolio I Limited? Did Lowell Portfolio I Limited not buy the debt, therefore should have to provide information and not be relying on Vanquis to provide? (If that makes sense)

They go on to say, "Whilst we endeavour to provide evidence of debt as soon as possible, you will appreciate this is dependent upon receipt of the information from Vanquis. Our client remains keen to resolve this matter amicably and is willing to consider any payment proposals you may have. In order to reduce further litigation costs that would be incurred if the matter were to proceed to a hearing, our client has instructed us to propose a figure of £1900 in full and final settlement of the claim." - So another question is, can they state that they will respond as soon as possible? Surely they have to stick to the timelines given by court? Who is their client here, Lowell Portfolio or Vanquis? Seems contradictive.

30/10/20 - Lowell Solicitors Directions Questionnaire received. The letter here states on the right hand side, 'Our Client - Lowell Portfolio I Ltd' and 'Original Company Name - Vanquis' - So this would imply that Vanquis is not their client?

16/11/20 - Email from Vanquis with SAR documents. Within this was an electronic CCA.

To date I have not received any of the documents requested directly by Lowell Solicitors and Lowell Portfolio I Limited.

Hope that makes sense.

[MIKE770]

lowells bought the debt ( you received a good bye vanquis hello lowells letter? so lowells only have name amount that is it they have to ask lowells for the documents as they do not get them in a batch debt buying spree!

[MIKE770]

no documents then mediation cannot be achieved and mediation would pass back to court and inform them = vanquis has to supply (or not depends on their records)

[MIKE770]

CCA taken out what date, after April 2007 electronic X suffices?

you are over thinking situation = lowells bought the debt (with thousands of others ) but only as stated above the name address amount they paid pennies in the pound for@:=- (the filthily debt sellers laziness\0

[MIKE770]

lowells if you look around never get their ducks in a row until/if ever the last minute, they can be made by the courts later in proceedings ordered to produce documents or in lowells case do at times if problems they tend to discontinue before they loose their deposit, not two cases ever the same! they as all the debt purchasers hope you do not know the rules and give in before court date read threads on here and elsewhere to get a pattern, they laugh as say pay £60 for an alledged debt but can make thousands of un earned profit if you panic and pay up!

[MIKE770]

Lowell replied to state that a payment was made October 2017 did you make such a payment or is it a phantom payment? did you ask proof by whom paid/how/account/ number etc etc

[Jellard86]

Hi Mike. In my panic to make sure if I need to get there on time, I have sent the mediation paperwork to the court and a letter to Lowell Solicitors (£7 for the privilege), the deadline for the court was 26th Nov....I know I should have sat and looked at this sooner but time flies. The payment in 2017 was me, trying to keep my head above water but fell behind after that, I wasnt aware fully of the SB rules at the time of sending the letter to them. Would it be advisable now to make a low offer now upon mediation or do I state to the mediator that I have yet to receive any paperwork from Lowell themselves that I asked for?

(I really appreciate your help)