Lowell Court date next week. ** DISCONTINUED***!

[Betht1979]

Hi,

In February I received notification that Lowell had filed a County court claim for an outstanding debt with Capital One. The agreement was made in August 2010 and defaulted in 2012.

I followed all the advice on this forum (thank you very much)

This included sending a CPR request as well as defending the claim and returning all paperwork.

I was invited for mediation in April but explained that no paperwork had been presented despite requests to prove they owned the debt.

On the 5th June (court case is on the 23rd June) Lowell sent me a copy of the 'Credit card agreement regulated by the consumer credit act 1974')

Now this is a standard couple of sheets of paper with t&c's that has my name printed in block capitals in the top right hand corner with a date of 19/8/2010. There is no other paperwork, despite Lowell having send me the below to my original CPR request on the 28th February.

'We note from your correspondence that you state you are not aware of what this claim relates to and do not believe you have entered an agreement with Capital One'

'We can confirm the claim related to a Capital One account which was opened on 19 August 2010. The account was subsequently defaulted on the 23 June 2012 with the last payment being made to the client for £20.00 on the 20 November 2011. A letter stating the account was being dealt with by our clients collecting agents was sent to you on the 7 December 2012. A number of letters were sent to you since that date confirming details of the account and encouraging you to contact out client with a view to discussing repayment of the account'

'We have requested documents with reference to the above statement and will forward them upon receipt'

Given the statement in the last paragraph, I have not received what they're referring to, only a copy of a credit agreement with my name printed in the top corner.

Lowells most recent letter with the Credit Agreement attached states that they feel they have a reasonable prospect of success at the hearing on the 23rd June 2017 and are still hoping to reach an amicable agreement.

Please could someone advise? I have managed it this far with the great advice read on the forum and don't want to tumble at the last hurdle.

Any support would be very much appreciated.

Kind regards

Beth

[Diana M]

Re: Lowell Court date next week. Help!

Have you filed your Witness Statement since the Hearing is next week.

Were the documents Lowell produced on 5th June Exhibits to their WS?

Di

[Betht1979]

Re: Lowell Court date next week. Help!

Hi Di,

Thank you for your response.

The last letter I received from the Court on the 25 April, gave me a date of the hearing and stated 'Each party shall deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing'

I thought I had to take these with me. I didn't realise I had to send them in prior?

Beth

- - - Updated - - -

Also, Lowells letter with the Credit Agreement makes no reference that it is part of their Witness Statement. Could there be a possibility they hold more documentation?

[Diana M]

Re: Lowell Court date next week. Help!

The last letter I received from the Court on the 25 April, gave me a date of the hearing and stated 'Each party shall deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing'

I thought I had to take these with me. I didn't realise I had to send them in

That "letter" from the court sounds like a Notice of Allocation/Hearing with Directions. Did it not say that you should file/serve a Witness Statement etc 14 days before the hearing or some other timeline?

Have Lowells served you with their WS?

What documents did you ask for in your CPR 31.14 Request?

What was the basis of your Defence?

Can you post/type up the Particulars of Claim removing anything which could identify you.

Di

[Betht1979]

Re: Lowell Court date next week. Help!

No, the letter does not indicate that I need to forward anything prior, only makes reference to 'Each party shall deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing'

Then lists:

The contract
Witness statements
Experts reports
Photographs
Invoices at work done or goods supplied
Estimates to be done

Lowells have not sent me their Witness statement. The last letter I received was the one mentioned in the original post. This is dated the 5th June and does not make any reference to a Witness statement, only declares that mentioned. I have typed the full letter below:

We refer to the above matter and your Defence dated 26 February 2017.

'Please find enclosed a copy of your re-constituted Crefit Agreement that was entered into with Capital One on the 19 August 2010.

Whilst our client believes it has reasonable prospect of success at the hearing on the 23 June 2017, our client remains willing to reach an amicable agreement.

We invite you to put forward any realistic settlement proposals in order to settle the matter and avoid proceeding to the Small Claims hearing listed on the 23 June 2017.

We look forward to hearing from you.

Yours sincerely

Lowell Solcitors Limited'

The original CPR request I sent requested the following:

'CPR18 Preliminary Request for further information / clarification

On the 18th February 2017, 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 £465.81 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'

Hopefully this answers everything. Thank you again for taking time to help.

Beth

[Diana M]

Re: Lowell Court date next week. Help!

I've taken a quick look at your post and it appears you sent Part 18 questions but did not made any application to the court to force disclosure despite the threat in your last paragraph of that letter.

Their letter dated 5th June seems to be their response to your Part 18 questions.

You didn't send them a CPR 31 Request for disclosure of documents mentioned in the Particulars of Claim (or did you send that too?).

No 2 on the list of things the court says both parties need to deliver to each other and the court is Witness Statements. Are you sure there isn't any reference as to when they should be provided such as 14 days before the hearing?

It would be most unusual to leave out the deadline.

Di

[Betht1979]

Re: Lowell Court date next week. Help!

There's no deadline on the letter. Maybe I should call on Monday to make sure.

I hope I've sent all the correct requests.

I did send another letter on the 20th March to Lowell which read:

'Please find enclosed copy of Notice of proposed Allocation to the small claims track that I have sent back to the County court business centre today.

I am still awaiting to receive previous requested documentation from you.

In line with s 77/78 of the Consumer Credit Act 1974, I require you to provide me with a true copy of the Credit Agreement relating to the associated account together with any other documentation the Act requires you to provide.

I expect you to comply fully and properly with the request, within the statutory time limit.

You are reminded, should you fail to comply with this request, the provisions of s 77/78 will apply.

If it is your view that you are not the creditor s)175 of the CCA applies in the case of simple assignment and places a duty upon you to pass this request to the creditor as defined by s)189.

If you content that you purchased the rights but not the duties of any agreement, you are reminded that s)189 of the act is clear that an assignment is of both rights and duties.

Your attention is drawn to ss 5(2) 3(b) 6 and 7 of the Consumer Protector from Unfair Trading Regilations 2008 (CPUTR)

If you are unable to comply fully and properly with the request, you should confirm this in writing at the earliest opportunity, and certainly with the time limit for compliance'

[Diana M]

Re: Lowell Court date next week. Help!

Did you also send a £1 postal order (or cheque) for the statutory fee with that s.77-79 CCA Request?

Di

[Betht1979]

Re: Lowell Court date next week. Help!

Hi Di, no I didn't.

Does the outcome look bleak for Friday?

Beth

[Betht1979]

Re: Lowell Court date next week. Help!

Any advice on the above conversation would be so very much appreciated right now.

Feeling very nervous and unsure about Friday.

Can anyone advise?

Once again, I'd be very grateful For any support.

Thanks in advance.

Beth.

[Amethyst]

Re: Lowell Court date next week. Help!

Could you post a copy of the defence you entered to the court please.

Also check the pages accompanying the notice of hearing for anything regarding documents and witness statements - as Di said it would be very unusual for no timeline for prior submission to be given.

As far as I can see the claimant haven't produced the default notice or the notice of assignment, but we don't know what your defence was based atm.

They have produced the agreement however may be incomplete? Would be worth posting up a copy of that too.

Has the hearing fee been paid and has the claimant submitted a witness statement and all documents they intend to rely on at the court ( worth giving the court a call to ask )

( The £1 should have been sent with your CCA request - presumably you received the claim and started all this while using another site for support which has now stopped accepting new posts?)

[Diana M]

Re: Lowell Court date next week. Help!

Hi Di, no I didn't.

If you didn't enclose the £1 statutory fee with your s.77-79 CCA Request then it won't be valid.

I would send it again today with the postal order. Better late than never

You need to consider whether it may be wise to file (at court) and serve (on the Claimant/solicitors) a WS before the hearing even if the court hasn't given Directions to that effect. There's nothing to prevent you from doing it.

Some people find court appearances daunting so become tongue-tied. If all the facts and evidence are there in black and white (WS) you can refer the DJ to specific paragraphs and exhibits.

It's difficult to comment without knowing what you've pleaded in your Defence and without seeing the credit agreement which has recently been disclosed by Lowells (5th June).

It would also help to see the Particulars of Claim (with anything that could identify you removed) because that's what you'll be arguing about at the hearing.

How much is the claim? If you file a robust WS the Claimant may take the decision to Discontinue or fail to send a legal representative to court "for commercial reasons" if it's a small amount.

Di

[Betht1979]

Re: Lowell Court date next week. Help!

Hi,

im so relieved to have received a letter from Lowell Solicitors this morning advising that they're no longer pursuing, received just three days before the hearing.

I've got to say what a fantastic forum this is as I initially consulted advice on here a few months ago.

Your support both indirectly and directly (Di) is very much appreciated.

Thank you. I'm over the moon and so pleased not to be attending on Friday

Beth

[Amethyst]

Re: Lowell Court date next week. Help!

Marvellous - that saves you a bit of stress ( and a phone call to the court ) well done

[charitynjw]

Re: Lowell Court date next week. ** DISCONTINUED***!

Good result!
@Diana M for reference. (Hi, Di )

Lowells most recent letter with the Credit Agreement attached states that they feel they have a reasonable prospect of success at the hearing on the 23rd June 2017

Clearly they had a rethink.....probably after a real person actually took the time to review the case.