Advise

[stemac123]

Hello all

Just wanted a bit of info, i got into some Debt few years ago, Lowell portfolio put a claim into Drydensfairfax Solicitors i now have a
Claims Form from them, I've requested the original Signed Credit Agreement, its been over 4 weeks now, so i rang them today and they said
they can not get it, but are sending me some catalog statements, i was wondering were I stand at the moment ??





thank you :-)

[QCKate]

Re: Advise

Someone will be along to give you specific advice shortly but you must not ignore the claim form. Sounds like you will need to acknoledge receipt and say you will be defending in full. Meantime check on the dates on the form.

Also don't phone again - put everything in writing, email will be OK for speed.

QCK

[FlamingParrot]

Re: Advise

Hello all

Just wanted a bit of info, i got into some Debt few years ago, Lowell portfolio put a claim into Drydensfairfax Solicitors i now have a
Claims Form from them, I've requested the original Signed Credit Agreement, its been over 4 weeks now, so i rang them today and they said
they can not get it, but are sending me some catalog statements, i was wondering were I stand at the moment ??

thank you :-)

When did you get the claim form? You have 14 days (+ 5 for service) to acknowledge it, then you have a further 14 days to submit your defence, otherwise they can get default judgment against you! :scared:

I'll be back later...

[stemac123]

Re: Advise

thanks for your responses, its on hold till Lowell send them the statements, the solicitors will forward
them onto me, so my claims form on hold for now! .... they say i own £4200, I've no idea how its got to that amount,
can they demand that amount with out the original Signed Credit Agreement ?


thank you :-)

[FlamingParrot]

Re: Advise

thanks for your responses, its on hold till Lowell send them the statements, the solicitors will forwardthem onto me, so my claims form on hold for now! .... they say i own £4200, I've no idea how its got to that amount,can they demand that amount with out the original Signed Credit Agreement ?thank you :-)

Have you acknowledged the claim ticking the box saying you intend to defend? Because if not, they could still obtain judgment! I wouldn't trust Lowell at all, they are as devious as they come! :rant:

Did you send a CPR 31.14 request for documents nmentioned on the particulars of claim? I haven't seen the PoC but assume you should have the right to request copy of the agreement, the assignment notice and the default notice at the very least. :typing:

[stemac123]

Re: Advise

Have you acknowledged the claim ticking the box saying you intend to defend? Because if not, they could still obtain judgment! I wouldn't trust Lowell at all, they are as devious as they come! :rant:

Did you send a CPR 31.14 request for documents nmentioned on the particulars of claim? I haven't seen the PoC but assume you should have the right to request copy of the agreement, the assignment notice and the default notice at the very least. :typing:

No i still have the Claim Form, its on hold so ive sent nothing off to them, I haven't even Acknowledged the dept, All i have done is ring the Solicitors up and ask
for a copy of the Agreement i signed which they don't have..

[FlamingParrot]

Re: Advise

No i still have the Claim Form, its on hold so ive sent nothing off to them, I haven't even Acknowledged the dept, All i have done is ring the Solicitors up and ask
for a copy of the Agreement i signed which they don't have..

Have you got all that in writing? You need to get things in writing, otherwise next thing you know you'll have a CCJ and no proof of your telephone conversations with the solicitors.

[stemac123]

Re: Advise

Have you got all that in writing? You need to get things in writing, otherwise next thing you know you'll have a CCJ and no proof of your telephone conversations with the solicitors.

no but i will call tomorrow and ask if i can have it in writing from them

[charitynjw]

Re: Advise

Someone will be along to give you specific advice shortly but you must not ignore the claim form. Sounds like you will need to acknoledge receipt and say you will be defending in full. Meantime check on the dates on the form.

Also don't phone again - put everything in writing, email will be OK for speed.

QCK

If you do phone, back it up with a letter/email (with proof of postage if letter) immediately.

"Re xxxxxxxxxxxxxxxxxxx
Further to my phone conversation with your representative (name if possible) on (date),............." etc

[stemac123]

Re: Advise

If you do phone, back it up with a letter/email (with proof of postage if letter) immediately.

"Re xxxxxxxxxxxxxxxxxxx
Further to my phone conversation with your representative (name if possible) on (date),............." etc

Hello again

ive not heard from Drydensfairfax Solicitors for weeks now, i sent Lowell a Request Letter for a copy of the True Agreement
via recorded letter, received a response letter today it said, we will Reply to you soon and they have asked the original lender for the Agreement
Well i know they don't and cant get it because weeks ago i phoned the Solicitors and they told me this

so what do you think happens now
I only hear from them i a contact them