Lowell solicitors

[nemesis45]

Re: Lowell solicitors

Just reading through the comments again and about the cca request. I didn't send or request that with the cpr request as I've previously done it twice and both times it came back over the 7 calendar day mark. So what now? I've already uploaded the cca that they sent back on this thread.

l
CPR 31.14 lapses at the point when the claim is allocated to the SCT.
What post No. is the CCA request please?

nem

[Carlosdecorator]

Re: Lowell solicitors

Hi Kati,
I seem to be getting really confused with things and I'm not sure what my next steps are or what template to use as they don't really fit in with my issue. I received a letter from lowell earlier in the year and sent a request back for the CCA with £1 fee. They sent back a month later basically what I asked for (attached) also they sent me someone else's agreement!
A few weeks after receiving that I received a court claim pack and I've acknowledged the claim online with intent to defend in full and sent off a CPR request. They've signed for it 7 calendar days ago today and I've heard nothing since. What are my next steps? Do I just wait out the 28 days from when I acknowledged service with moneyclaim or do I need to send some more letters? Which template letters do I use? Do you have a link? Do I now file a defense that they haven't complied?

[Carlosdecorator]

Re: Lowell solicitors

l
CPR 31.14 lapses at the point when the claim is allocated to the SCT.
What post No. is the CCA request please?

nem

It was the first post. I seem to be getting really confused with things and I'm not sure what my next steps are or what template to use as they don't really fit in with my issue.
I received a letter from lowell earlier in the year and sent a request back for the CCA with £1 fee. They sent back a month later basically what I asked for (attached) also they sent me someone else's agreement! This is when I created the thread to ask for advice and info.

A few weeks after receiving that I received a court claim pack and I've acknowledged the claim online with intent to defend in full and sent off a CPR request. They've signed for it 7 calendar days ago today and I've heard nothing since. What are my next steps? Do I just wait out the 28 days from when I acknowledged service with moneyclaim or do I need to send some more letters? Which template letters do I use? Do you have a link? Do I now file a defence that they haven't complied with the CPR and also the CCA as it was received by me a month later?

[Carlosdecorator]

Re: Lowell solicitors

I have till the 13th May to file a defence in. Can anyone help with the above?

[Carlosdecorator]

Re: Lowell solicitors

I've tried to do a defense from the templates. I don't know what to cross out on number 10 and 11. On point 12 how will I know if they agree to an extension?

1: I received the claim ****** from Northampton County Court on ****

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3: This claim appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974.

4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards to the claim.

[5. The particulars of claim fail to state when the agreement was entered into.]

6. The Claimants statement of case states that the account was assigned from Capital One to Lowell Portfolio I LTD on *****2014. The Defendant does not recall receiving notice of this assignment.

7. It is denied that Capital One served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

8: On the 23.04.16 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Lowell Solicitors Limited. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

9. Lowell Solicitors Limited has not sent any of these documents to me.

10. Before the claimant or claimants solicitors issued a county court claim, twice I sent a formal request for a copy of the original agreement to Lowell Portfolio I LTD pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

[12: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5). The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.

13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

14. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

16. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.



Signed …………………………………………

Dated .................................................. ................
[MENTION=42011]Nem[/MENTION]esis

[nemesis45]

Re: Lowell solicitors

It was the first post. I seem to be getting really confused with things and I'm not sure what my next steps are or what template to use as they don't really fit in with my issue.
I received a letter from lowell earlier in the year and sent a request back for the CCA with £1 fee. They sent back a month later basically what I asked for (attached) also they sent me someone else's agreement! This is when I created the thread to ask for advice and info.

A few weeks after receiving that I received a court claim pack and I've acknowledged the claim online with intent to defend in full and sent off a CPR request. They've signed for it 7 calendar days ago today and I've heard nothing since. What are my next steps? Do I just wait out the 28 days from when I acknowledged service with moneyclaim or do I need to send some more letters? Which template letters do I use? Do you have a link? Do I now file a defence that they haven't complied with the CPR and also the CCA as it was received by me a month later?

Carlos templates are for you to amend/edit to suit your particular case no as ready made defence or letter every case is different.

nem

[Carlosdecorator]

Re: Lowell solicitors

Hows the one above looking? I'm unsurep on how to edit points 10 or 11. Point 12 how will I know if they have agreed on an extension?

[Carlosdecorator]

Re: Lowell solicitors

bump

[Kati]

Re: Lowell solicitors

[MENTION=55034]nemesis45[/MENTION] ??

[nemesis45]

Re: Lowell solicitors

Responding to your PM re para (12) Carlos.

You use the bit that fits your situation, was an extension granted and still no doc supplied, or was there request for an extension that was not granted and no documents were supplied?

nem

[Carlosdecorator]

Re: Lowell solicitors

Other than doing a acknowledgment of service I've not asked for extra time and they've not asked me. Is it something I need to ask them?

[nemesis45]

Re: Lowell solicitors

Other than doing a acknowledgment of service I've not asked for extra time and they've not asked me. Is it something I need to ask them?

Response to 2nd PM,

No you have your defence ready to go.

nem

[Carlosdecorator]

Re: Lowell solicitors

So the best thing to do now is wait until just before the deadline to submit it or submit it now?

[nemesis45]

Re: Lowell solicitors

So the best thing to do now is wait until just before the deadline to submit it or submit it now?

Submit at least 3-4 days before deadline as there is some backlog in the system.

nem

[Carlosdecorator]

Re: Lowell solicitors

So I put in the defence on the 8th May and it was received on the 9th May. I've heard nothing from lowell as yet and no mediation. What date do they have till to reply and why has no mediation been put forward