Lowell Solicitors Claim Form

ScaredWitless

https://www.nationaldebtline.org/EW/factsheets/Pages/pre-action-protocol-for-debt/county-court-protocol.aspx

Here is the correct procedure Lowell should follow, as with most claims before going to court.

Make a complaint to the court that you have not received a letter before action before receiving the blue claim form.

National_Debtline

Hi Brijay


Please do bear in mind that any potential failure on Lowell's part to observe the PAP won't serve as a defence against the debt itself - it can just influence how the court decides costs should be attributed.


Dennis
@natdebtline

Brijay638

Thank you all for your responses

I have today sent of a CPR request to the solicitor
And a CCA request to the Claimant as well as £1 postal order

I now have 20 days before the deadline of my defence... and they are to submit details back within 12 working days the letter templates state

May i ask what happens if they fail to provide me with any of the requssted documents. Do i add this to my defence that they have failed to comply.

I have copies of letters sent as well as postage reciepts recorded that they were sent. Can i use these as part of defence if it comes to court...

Thank you:beer:

sourcrates

Good advice from Dennis above, not following pre-action protocol is just a technical infringement, and wont affect the case itself, only the costs awarded.

You have done as Fatbelly suggested, so lets see how that pans out for you.

If they fail to provide the requested documents then that's all in your favor.

You may need to decide how to play this, as Lowell may stall in there attempts to obtain what you've asked for.

fatbelly

The op seems to be getting good advice from debt camel on the other site!

PixelPound

Brijay638 wrote: »

I now have 20 days before the deadline of my defence... and they are to submit details back within 12 working days the letter templates state

May i ask what happens if they fail to provide me with any of the requssted documents. Do i add this to my defence that they have failed to comply.

Its within 12 days of them receiving the request, with the date they receive it as day 0, so say they receive this wednesday then they can send it to you on Friday 15th so you might receive it by 20th. If you had 20 days from yesterday , then you may not have received it by the deadline you have to respond. You want to ensure a defence is lodged rather than waiting, since if the defence is sent too late, because you were waiting for the CCA, then you could end up with the CCJ being awarded - an acknowledge of service is not deemed as a response and they could file for a judgement after the time the AoS gives expires.

Brijay638

n regards to the above post. It has been 10 working days, i have 6 dsys left before a defence needs to be filed and ive heard nothing back regarding a CCA or CPR requests.
No acknowledgements or details of this debt
Could people maybe post links to, or examples of a defence i could use if still nothing from either party come Thursday.

Thanks

sourcrates

Brijay638 wrote: »

n regards to the above post. It has been 10 working days, i have 6 dsys left before a defence needs to be filed and ive heard nothing back regarding a CCA or CPR requests.
No acknowledgements or details of this debt
Could people maybe post links to, or examples of a defence i could use if still nothing from either party come Thursday.

Thanks

Theirs some good info on this site about what you should do next :

http://consumer.newbeginningsresources.co.uk/credit/money-claims/responding-to-a-claim/requesting-documents/

Brijay638

Thank you
In regards to this i recieved a copy of the so called 'Notice of Assignment' headed with my last address and dated 2015

I dont remember recieving it as i normally file all letters deemed important.

They state in the letter that they have " we have requested a copy of the agreement, statements and the Default Notice from the origional creditor and when a response is recieved we shall contact you. The account will remain on hold until such time. Please find enclosed the Notice of Assignment."

So with them saying they have placed the account on hold. Can i include this in my defence until such a time that i have the afforementioned documents in hand??

Thanks again

fatbelly

Over on legalbeagles, they have given you a link to their standard defence. You can adapt it to your case.

It concludes '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'

Very often that is enough to get (eventually) a notice of discontinuance.

You can state that you didn't receive a copy of something but usually if presented with a copy of a letter headed and dated the court will assume that it was sent and arrived.