Directions of Questionnaire

[MIKE770]

Re: Directions of Questionnaire

tell mediation when asked no documents received from lowells, they will state not suitable and that is it, they send back to the court for next stage

[Omo]

Re: Directions of Questionnaire

Well, they acknowledge receipt of DQ but not CPR request.

I did not make CCA request. Am I suppose to in my defense against their claim?

Can you confirm that you sent the CCA request + £1 fee to Lowell Portfolio, & that you sent the CPR request to Lowell Solicitors.
& that you obtained proof of posting for both.

[MIKE770]

Re: Directions of Questionnaire

CCA Request get it off now? I suggest Recorded Delivery 1st class

[Diana M]

Re: Directions of Questionnaire

I did not make CCA request. Am I suppose to in my defense against their claim?

If you re-read my post # 15 from the 9th November you'll see that I explained why you needed to send a CCA Request asap.

And I also explained that since you've only pleaded Statute Barred in your Defence you may need to file an Amended Defence in the future.

I did not send a CPR 31.14 or send a s.77-79 CCA.

. . . . Can I still request/send CPR 31.14 and s.77-79 CCA though am just about to complete DQ?

Yes you can. And yes you should send them pronto.

Better late than never

The difficulty with pleading Statute Barred only as a Defence is you don't have a Plan B if the court disagrees with you.

If the Claimant can come up with any evidence of a payment or other reason for the debt not to have been SB when the claim was issued, then there's a risk they'll go for a Summary Judgment which may mean the Defence is thrown out without you having had the opportunity to plead your other options.

Depending on what response you get from your CCA Request you may need to amend your Defence.

Have you sent a SAR to the original creditor (HBOS) so you can see the full history of the account? The loan term length and the DN date (if they served one before the loan expired but they don't have to after it's expired) may be relevant to any SB argument.

Di

[charitynjw]

Re: Directions of Questionnaire

Well, they acknowledge receipt of DQ but not CPR request.

In addition to adding my opinion that sending the CCA request is advisable, can I ask (again) whether you sent a CPR 31.14 request to the Claimant's solicitors, & if so, did you obtain proof of posting?
If you did not mention CPR 31.14 in your letter, resend it pdq (once the case is allocated to Small Claims, CPR 31 no longer applies).
There is no fee required for this.
(Did I mention getting proof of posting?)

[Omo]

Re: Directions of Questionnaire

Below was acknowledgement of DQ sent on 09/11/2016

Our Client: Lowell Portfolio I Limited
Our Reference:
Claim Number:

Thank you for your recent correspondence.

We acknowledge receipt of your Directions Questionnaire.

Yours sincerely


Lowell Solicitors Limited

This was NOT acknowledge though sent same day (09/11/2016) separately

Request for documents mentioned in a statement of case under CPR 31.14

On 30/10/2016 I received a County Court claim from yourselves of which I have acknowledged receipt indicating that your claim is statute barred.

In your letter dated 28/10/2016 (ref ZDFDQDEF) you acknowledge my defence and suggest the case move to Small Claims court.

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence if I agree to go to Small Claims court.

1. Agreement / Contact
2. Default Notice
3. Assignment
4. Formal Demand



In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.
Further more, in your letter dated 2nd November 2016 (ref ZPMCUDEF), you claimed my last payment was 28th April 2011, I need proof of the alleged payment i.e. How paid/by whom/ cheque/cash/postal order/drawn on.

I look forward to hearing from you.

I have not responded to invitation to mediation. I will reply by Monday 21/11/2016
Do/Can I still request CCA from the Lowell?

[Diana M]

Re: Directions of Questionnaire

Do/Can I still request CCA from the Lowell?

Yes

Di

[Omo]

Re: Directions of Questionnaire

I have heard from Lowell ref to CPR31.14 request (pls see below). I responded to Mediation earlier in week that I don't have my defense from Lowell, mediation call to say I should contact them when I do.I am still waiting to hear about my CCA request.

Do I contact Mediation now or wait for when I get CCA request.

Can someone please explain the paragraph I highlighted red below.
Our Client: Lowell Portfolio I Limited
Our Reference: 1
Claim Number:

We refer to your email of, the contents of which we note.

We can confirm that the Halifax card was opened on 7 December 2005. The account was subsequently defaulted on 14 January 2009. The last payment made to our client on this account was on the 28 April 2011.

Our client has requested the agreement, default notice and statements from HBOS and we will forward these upon receipt. Whilst we endeavour to provide evidence of the debt as soon as possible, you will appreciate this is dependent upon receipt of the information from the original creditor

We enclose a copy of the notice of assignment. Please note that the document provided is for information purposes only. As far as our client is concerned, the outstanding balance is due and no verification of your liability to pay the outstanding balance is required.

With respect to the Deed of Assignment, this is an agreement between our client and the original creditor containing confidential information, therefore, our client will not be providing you with a copy of it as you are not entitled to the information contained in it.

However, we note that you have filed a Defence with the court. Therefore, this matter will be progressing through the small claims track.

We look forward to hearing from you with your proposals for repayment of the outstanding balance.

Yours sincerely

Lowell Solicitors Limited .

I wish I could attach the documents sent however I copied paste them below.


19 July 2013

AccountNo:4049709707343928

AccountType:HBOS

NewReference No:133358705

Dear

Your account with HBOS PLC with abalance due for payment of £1383.18 was sold to Lowell

Portfolio I Ltd by us on the 24 June,2013 and this letter is to give you notice of the assignment of the

debt.

We have not been made aware of anyreason why the debt should not be paid and as Lowell Portfolio

I Ltd are now the legal owners of thedebt any payments you make should be made to them and not

to us or any of our previouslyappointed agents.

If you have any query, want to discussthe debt or repay what you are contractually obliged to please

call the number below. Any furthercommunications and payments must be addresses to Lowell

Portfolio I Ltd at:

Enterprise House

1 Apex View

Leeds

LS11 9BH

Telephone: 0113 335 1239

Yours sincerely

Craig Ballantine

Manager Collections & Recoveries

Contacting us about your account

[FONT="Arial][/FONT]

[FONT="Arial]We’reopen[/FONT]

Mon-Thurs, 8am – 8pm

Fri, 8am – 7pm

Sat, 8am – 2pm

PO Box 172

Leeds

LS11 9WS

Please provide your Lowellreference number when you contact us

post@lowellgroup.co.uk



Introducing Lowell

We are Lowell Portfolio I Ltd, aspecialist debt purchaser who buys accounts from

companies such as HBOS PLC wherethere is an outstanding debt. We then work

with the customer to help them repayit. Your account was sold to us on the

24/06/13 because there is anoutstanding balance that remains unpaid. Details of your account are set out in the righthand margin of this notice. As Lowell Portfolio Ltd now owns the debt we areentitled to receive payment of the outstanding balance.



Your balance

Before selling your account to us, HBOSPLC checked their records and found no

reason why this should remain unpaid.You therefore need to pay us the

outstanding balance, which is £1383.18.

You can call us on and pay the fullbalance by card, or, if you cannot afford to

pay in full you can set up a monthlyrepayment plan. The simplest way to pay by

instalment is to set up a Direct Debituntil the balance is paid off. You can visit

our website www.Lowell.co.uk andcomplete the Direct Debit mandate online.

What happens next

Please call us and discuss how you canrepay this account. When you have paid

the debt off, or, once you start tomake monthly payments we will contact the

Credit Reference Agencies to updateyour credit file. Keeping your credit file up

to date can help your credit ratingand allow you access to cheaper forms of

credit.



Statement of youraccount

Under the Consumer Credit Act 2006,until the debt has been repaid, we have an obligation to send statements andnotices to you at prescribed intervals. On the reverse of this letter you will seeyour current position with regard to this account.

Yours sincerely

Andrew Bartle

Chief Operations Officer

19 July, 2013


Lowell Reference Number

Please provide thisnumber when you contact us

Original company name: HBOS PLC

Original Account number

You owe: £1383.18

Fair ProcessingNotice

Lowell Portfolio I Ltd and LowellFinancial Ltd (an associated company) are now the “Data Controllers” of

your personal data. Your personal datawill be processed fairly and lawfully in accordance with the principles of the Data Protection Act1998 for the purpose of collecting payment and account administration (the “Purpose”). TheData Controllers may share your personal data and allow it to be processed by group companies, agents or third parties forthe Purpose.

[Omo]

Re: Directions of Questionnaire

Do I contact Mediation now or wait for when I get CCA request?

Any suggests please?

[charitynjw]

Re: Directions of Questionnaire

I have heard from Lowell ref to CPR31.14 request (pls see below). I responded to Mediation earlier in week that I don't have my defense from Lowell, mediation call to say I should contact them when I do.I am still waiting to hear about my CCA request.

Our client has requested the agreement, default notice and statements from HBOS and we will forward these upon receipt. Whilst we endeavour to provide evidence of the debt as soon as possible, you will appreciate this is dependent upon receipt of the information from the original creditor

Mediation can't/won't deal with your case until you have received all the documents you have requested fro the Claimants & their solicitors.

[Omo]

Re: Directions of Questionnaire

Attached is the letters from the court and Lowell.

Please peruse and suggest next line of action.

Thanks.

[MIKE770]

Re: Directions of Questionnaire

1. normal procedure.

2. lowells are correct all you are entitled to see is Notice Of Transfer

[nemesis45]

Re: Directions of Questionnaire

Attached is the letters from the court and Lowell.

Please peruse and suggest next line of action.

Thanks.

You will get judges directions from your local court in due course.
Whilst the claimant remains in default re the CCA request they cannot enforce the debt until the agreements or a compliant reconstituted one is provided.

You must comply with and court documents when they arrive.

nem

[Omo]

Re: Directions of Questionnaire

You will get judges directions from your local court in due course.
Whilst the claimant remains in default re the CCA request they cannot enforce the debt until the agreements or a compliant reconstituted one is provided.

You must comply with and court documents when they arrive.

nem

OK. Thanks.

[Diana M]

Re: Directions of Questionnaire

Attached is the letters from the court and Lowell..

You've only uploaded part of those two "letters" so no proper advice can be given.

Why was the case transferred from Lambeth County Court to Clerkenwell and Shoreditch County Court?

Di