Letter from Lowells solicitor

[Warpa]

Hi, I'm going through the process of fighting LS, I sent them a letter by recorded delivery that was signed for a week ago, I have also gone online to the county court business centre to say I will be defending myself.
Should I ignore the letter and use it in my defence as I can prove they received and signed for it?
Also would it matter if I sent my defence to the court now, or should I weight until the 14 days is up from when I sent the 1st letter to them?

Thank you for any input.

[charitynjw]

Re: Letter from Lowells solicitor

Hi Warpa & welcome to LB.

It would help if you could post a copy of the letter which you sent (personal data removed) or type it verbatim (ditto data).

Also if you could give following info

Received a claim?
Issue Date:
Amount approx:
Claimant:
Solicitor:
Original Creditor:
Particulars of Claim: Please type out in full excluding names/account numbers
Is the debt Statute Barred?
List any letters you have sent:
Any Other Info:

[Warpa]

Re: Letter from Lowells solicitor

Claim received 29 sep
Amount £9k
lowell portfolio
Lowell Solicitor
Original creditor capital One credit card


I sent them a CPR18 letter on the 12th of october and am due to send my defence letter. On the 17th they sent me the letter attached. Im guessing i need to reply proving that they received my letter?

[charitynjw]

Re: Letter from Lowells solicitor

Hi Warpa

Is the CPR 18 letter the only letter you have sent to Lowells or their sols? (No CCA or CPR 31.14 requests?)
What did you ask for in the CPR 18 letter?

[charitynjw]

Re: Letter from Lowells solicitor

Also their letter is 95% bluff & bluster.
You have acknowledged the court claim to defend.
You do not have to arrange any payments at this stage.
They have issued the claim; they have to prove their case.

[Warpa]

Re: Letter from Lowells solicitor

Thank you for the replies, I'll post up copies of the previous letters tomorrow.
I'm just worried about the time scale to get my defence letter sent off, the claim was issued on 29 -Sep, I sent the letter for extra time

[Warpa]

Re: Letter from Lowells solicitor

Hi, i have sent the CPR 31 letter, and done the CCA request, in the CPR 18 letter i wrote;

Dear Sirs,

Re: (Claimant's name) v (Your name) Case No:

CPR18 Preliminary Request for further information / clarification

On the Xxxxx 2015, I received the Claim Form in this case issued by you out of the Northampton County Court.

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest your entire claim.

Prior to the issue of proceedings I had delivered a request for the production of the Agreement referred to in the Particulars of Claim, and on which you intend to rely. That request was ignored.

Please treat this letter as my Preliminary Request for further information made, under CPR Part 18 for the following, including any documentation mentioned within the particulars of Claim, for which I request the production of a verified and legible copy) please accept this request by way of Service upon You:

1.The agreement, including the specific Terms at the point the alleged Agreement was made and any subsequent changes. You will appreciate by reason of the provisions of CPR 39.a (3.3) requires The originals of the documents contained in the trial bundle, together with copies of any other court orders should be available at the trial. Further, that any general conditions incorporated in the contract should also be attached.

2.The deed of assignment and/ or
2.1 deed of Novation
3.The notice of assignment
4.The default warning letter
5.The default notice
5.1 Termination Notice

6. I deny any indebtedness to the Claimant but particularly deny they are due statutory interest on the alleged amount of £xxx.xx and as such I request full disclosure of the amount the Claimant alleges to have paid for this alleged debt.

7. Also, I would request under Civil Procedure Rule 39 PD 39a (3.3) any documents upon which you, the claimant intends to rely, are brought to any subsequent hearing for examination

You should ensure compliance with your CPR 18 duties and ensure that the information I have requested is collated and received by me within 14 days of receiving this letter. Failure to produce the information requested will result in an Application to the Court to order the information be provided.

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

Please note that if you should fail to comply with this request, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

Yours faithfully