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Lowell Portfolio Ltd

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  • #16
    Re: Lowell Portfolio Ltd

    Thank you so much to all of you for your help in this.

    Comment


    • #17
      Re: Lowell Portfolio Ltd

      Hi everyone,

      Just an update on this. The defence was filed. Yesterday we received a letter from the court with a Notice of Proposed allocation to the small claims track.

      It says;

      Important notice

      If you do not comply with this notice the court will make such order as appears to be appropriate. This could include striking out the claim or entering judgement.

      TAKE NOTICE THAT

      1. This is now a defended claim.
      The defendant has filed a defence, a copy of which is enclosed (the part in red has a line through it.


      2. It appears that the case is suitable for allocation to the small claims track.
      If you believe this track is not the appropriate track for the claim, you must complete box C1 on the small claims directions questionnaire (Form N180) and explain why.

      3. You must by 27 April 2015 complete the Small Claims Directions Questionnaire (Form N180) and file it with the court office.

      The county court business centre, 4th Floor St Katharine's House, 21-27 St Katharine's Street, Northampton, NN1 2LH

      and serve copies on all other parties.


      This was dated the 9th April 2015.

      She also received a letter from Bryan Carters dated the 8th April saying;

      "We are writing to formally confirm our Clients intention to proceed with this matter.

      We will send notification to the court shortly but before we do so our Client is prepared to enter into negotiations to try and achieve a solution whereby both parties avoid further costs and expenses, and if necessary to mediate. The Court encourages this type of negotiation between parties.

      Please contact our helpful team on: 0845 8396166 to discuss how we can come to an arrangement by consent.

      We recommend you seek independent legal advice."

      Could someone please advise as to what should be done next. I'm a little confused that due to the fact that they haven't submitted the required documents and that it is statute barrred that this has been allocated to a track.

      Any help greatly appreciated.

      Thanks
      James

      Comment


      • #18
        Re: Lowell Portfolio Ltd

        It's another Lowell/Carter smoke and mirrors job, to get more time,
        mediation is pointless if the documents (CCA) have not been produced, have you received the CCA??
        No Doubt Lowell will be hoping to find the CCA or create a recon.
        Fill out and file all required forms asap, don't rely on any alleged "on hold" statements from Lowell or Carter.

        The SB status is another reason for delaying and going to mediation in the hope you make an offer during mediation.

        Personally I would write to Carter and copy Lowell, thanking them for their formal offer to enter into mediation but as your defence is that the alleged debt is statute barred and you will not make payment, there is no point to mediate upon.
        Also given that Lowell Carter have not complied with the CCA request the debt remains unenforceable.
        Add I suggest that in the interest of saving costs and court time Lowell withdraws its claim.

        The Copy of this for Lowell should be sent to Ms Sara de Tute, Legal Counsel. at Lowell's HO.
        Send all by signed for post and a copy to the court with the DQ.

        nem

        Comment


        • #19
          Re: Lowell Portfolio Ltd

          Thanks for the reply.

          No there has been nothing received from either Lowell of Carters.

          is this letter ok for Carters

          Dear Sirs,

          I write to you with reference to your latter dater 8 April 2015.

          Thank you for your formal offer to enter into mediation regarding this case however as this debt is statute barred and I will not be making a payment, there is no point upon which to mediate.

          Furthermore your client has failed to comply with the CCA request sent to them on 22 February 2015 and therefore the debt remains unenforceable.

          I would like to suggest that in the interests of saving costs and court time that this claim is withdrawn.

          Kind Regards

          do i need to copy the directions questionnaire and send it to carters and lowell as well?

          Comment


          • #20
            Re: Lowell Portfolio Ltd

            Hi all,

            An update on this from a very long time back.

            On 2 June 2015 we got a letter back from the court saying...

            IT IS ORDERED THAT
            1. The claimant shall within 28 days of service of this order file and serve
            - A copy of the agreement between the assignor (Capital One) and the defendant
            -A copy of the applicable terms and conditions of the agreement, if not contained within the same document
            -A copy of the notice of assignment of the account to the claimant, showing the date and manner of service thereof on the defendant
            -a full statement in respect of the material account showing all transactions relied upon in arriving at the balance claimed.

            In default the claim shall be struck out.

            We heard nothing after this and therefore assumed that the case had been struck out and needed to do nothing more.

            Until Last Friday when my mum received a letter from the Court saying that the matter had been listed for Preliminary hearing on 20th April 2016 ... to consider the issue of limitation.

            My mum contacted the court who have said they have some documents that the claimant filed. Unfortunately no date was given as to when these were filed. My mum asked for a copy to be sent out, she has paid £10 for these and has received some documents. Unfortunately they do not show the date they were received.

            On the same day she received a letter from Lowell Solicitors saying that they had been instructed to act for the claimant Lowell Portfolio. The letter then goes on to say...

            "What you need to do now.

            You don't need to do anything. We have been provided with the file and our instructions are to deal with your defence"

            The biggest issue is with the documents she has had from the court.

            The first one is an application form.
            It seems to have been filled in in two completely separate pens. There are two styles of writing on the application form. one box has a 7 with a line through it, the other doesn't. the email address is my email address, as is the box that has the job description field filled in. my mum and I did not do the same jobs.
            It looks like half the form may be from an application I made and parts from one she made. It also looks like some of the field have been over written.

            There are no terms and conditions of the agreement, only the details of how they will use your information for marketing.

            They have filed a document titeled statement of account, however this doesn't show any transactions as requested by the Court.

            It purely has in a box

            Statement date 09/06/2006
            Minimum Payment due £9.42
            Credit Limit £200.00
            New Balance £188.72

            Transaction Date Details Paid in Paid Out

            Totals £0.00 £0.00

            With all of the above I'm lost as to what to do next.

            How do i respond to the court, it's been that long since this happened I'm confused as to why it has only just been raised.

            Should I say that this should be struck out as we never received the documents, and the fact that they haven't sent through the actual terms and conditions? Also should I say that as the original order requested them to show a full statement showing all transactions relied upon, that it should be struck out. The statement doesn't show how they arrive at the figure just that it started somewhere with £188. It doesn't show how it increased each month.

            Thanks for any help in advance with this.

            James

            Comment


            • #21
              Re: Lowell Portfolio Ltd

              Originally posted by jimbo1283 View Post
              Hi all,

              An update on this from a very long time back.

              On 2 June 2015 we got a letter back from the court saying...

              IT IS ORDERED THAT
              1. The claimant shall within 28 days of service of this order file and serve
              - A copy of the agreement between the assignor (Capital One) and the defendant
              -A copy of the applicable terms and conditions of the agreement, if not contained within the same document
              -A copy of the notice of assignment of the account to the claimant, showing the date and manner of service thereof on the defendant
              -a full statement in respect of the material account showing all transactions relied upon in arriving at the balance claimed.

              In default the claim shall be struck out.

              We heard nothing after this and therefore assumed that the case had been struck out and needed to do nothing more.

              Until Last Friday when my mum received a letter from the Court saying that the matter had been listed for Preliminary hearing on 20th April 2016 ... to consider the issue of limitation.

              My mum contacted the court who have said they have some documents that the claimant filed. Unfortunately no date was given as to when these were filed. My mum asked for a copy to be sent out, she has paid £10 for these and has received some documents. Unfortunately they do not show the date they were received.

              On the same day she received a letter from Lowell Solicitors saying that they had been instructed to act for the claimant Lowell Portfolio. The letter then goes on to say...

              "What you need to do now.

              You don't need to do anything. We have been provided with the file and our instructions are to deal with your defence"

              The biggest issue is with the documents she has had from the court.

              The first one is an application form.
              It seems to have been filled in in two completely separate pens. There are two styles of writing on the application form. one box has a 7 with a line through it, the other doesn't. the email address is my email address, as is the box that has the job description field filled in. my mum and I did not do the same jobs.
              It looks like half the form may be from an application I made and parts from one she made. It also looks like some of the field have been over written.

              There are no terms and conditions of the agreement, only the details of how they will use your information for marketing.

              They have filed a document titeled statement of account, however this doesn't show any transactions as requested by the Court.

              It purely has in a box

              Statement date 09/06/2006
              Minimum Payment due £9.42
              Credit Limit £200.00
              New Balance £188.72

              Transaction Date Details Paid in Paid Out

              Totals £0.00 £0.00

              With all of the above I'm lost as to what to do next.

              How do i respond to the court, it's been that long since this happened I'm confused as to why it has only just been raised.

              Should I say that this should be struck out as we never received the documents, and the fact that they haven't sent through the actual terms and conditions? Also should I say that as the original order requested them to show a full statement showing all transactions relied upon, that it should be struck out. The statement doesn't show how they arrive at the figure just that it started somewhere with £188. It doesn't show how it increased each month.

              Thanks for any help in advance with this.

              James
              Good morning Jimbo,

              Please post copies of what has been received after removing all personal details so far the documents appear not to be compliant with a CCA request.

              Telephone the court and find out when these documents were filed tell the court officer about the judges order made in July 15.

              The April order for a preliminary hearing, is there a possibility that the debt was statute barred when the claim was issued? If not I suspect the hearing may be in regard to sanctions placed by the court in regard to breaches of the July order.

              nem

              Comment


              • #22
                Re: Lowell Portfolio Ltd

                Hi Nem,

                Thanks for the reply.

                I'll scan some copies of the documents in later when I'm back at home. The original defence that we filed contained part that said we believed it was statute barred as she hadn't made a payment to these in years.

                Comment


                • #23
                  Re: Lowell Portfolio Ltd

                  Originally posted by jimbo1283 View Post
                  Hi Nem,

                  Thanks for the reply.

                  I'll scan some copies of the documents in later when I'm back at home. The original defence that we filed contained part that said we believed it was statute barred as she hadn't made a payment to these in years.

                  Hi Jim,

                  Ok the court is looking to satisfy itself that the provisions of section 5 of the Limitation Act 1980 is relevant to the status of the claim.

                  The start date of the relevant 6 year period does vary with the type of account so we will need to come up with justification for the claim that the debt is statute barred.

                  When you post the documents please tag me [MENTION=55034]nemesis45[/MENTION] so I can pick up on this quickly.

                  nem

                  Comment


                  • #24
                    Re: Lowell Portfolio Ltd

                    @nemesis45 These are the pages that were submitted to the Court by Lowell / solicitors. The documents were apparently filed on 26/6/15
                    Attached Files
                    Last edited by jimbo1283; 13th April 2016, 17:26:PM.

                    Comment


                    • #25
                      Re: Lowell Portfolio Ltd

                      final page.

                      I'm a little confused as to why the statement from Capital one goes through to february 2008. yet the note of assignment from Lowells is dated June 2007?
                      Attached Files

                      Comment


                      • #26
                        Re: Lowell Portfolio Ltd

                        Originally posted by jimbo1283 View Post
                        These are the pages that were submitted to the Court by Lowell / solicitors. The documents were apparently filed on 26/6/15
                        Hello Jim,
                        Is this the sum total of the documents, no further terms and conditions if so it's not complete or compliant in my opinion.
                        I would write to Lowell Solicitors and inform them that the document received is not compliant with the CCA request nor does it meet the requirements for a reconstitute agreement and you will put this to the court at the Limitations Hearing.

                        State that you suggest that considering non compliant agreement and the Limitation hearing should advise its " client" to discontinue the claim.

                        ( Jim if you want a draft letter for this I can do one tomorrow)

                        Received your PM.

                        nem

                        Comment


                        • #27
                          Re: Lowell Portfolio Ltd

                          That's all the court have sent out. They have said there are no other documents that they have received. It would be amazing if you could do a draft letter please.

                          Comment


                          • #28
                            Re: Lowell Portfolio Ltd

                            Originally posted by jimbo1283 View Post
                            That's all the court have sent out. They have said there are no other documents that they have received. It would be amazing if you could do a draft letter please.
                            OK flagged for tomorrow.

                            nem

                            Comment


                            • #29
                              Re: Lowell Portfolio Ltd

                              @nemesis45

                              Morning Nem,

                              did you manage to get a chance to put something together for this?

                              thanks
                              James

                              Originally posted by nemesis45 View Post
                              OK flagged for tomorrow.

                              nem

                              Comment


                              • #30
                                Re: Lowell Portfolio Ltd

                                Originally posted by jimbo1283 View Post
                                @nemesis45

                                Morning Nem,

                                did you manage to get a chance to put something together for this?

                                thanks
                                James
                                Sorry for the delay, some problems yesterday needing urgent attention.

                                Private & Confidential:
                                Mr Andrew Bartle
                                COO The Lowell Group
                                Ellington House
                                9 Savannah Way
                                Leeds Valley Park
                                Leeds
                                LS101AH

                                Date:

                                Re: CC Claim No:
                                CCA Request:

                                Dear Mr Bartle,

                                I refer you to the County Court Claim No................................ issued on date........................on behalf of Lowell Portfolio.

                                I have now reviewed the document which I presume are intended to be a " reconstituted " copy of the agreement for the alleged arising from an account with Capital One Bank.

                                I am attaching copies of the documents for ease of reference and I am sure you will see that these do not meet the requirements of my request and not do they meet the requirements for a reconstituted agreement and I therefore reject the.

                                As these documents are those which Lowell intends to rely upon in court I suggest that Lowell should now withdraw/discontinue the claim in the interest of saving costs and court time.

                                Your attention is also drawn to the fact that the alleged debt is statute barred under the provisions of section 5 of the Limitation Act 1980.

                                I now expect Lowell to confirm that the claim has been discontinued and that the file has been closed on this matter.

                                Please be aware that if it is decided that the claim is to be continued to trial it will be robustly defended.
                                Your etc.

                                James use signed for post and check delivery date and signature, print them off and keep for your records.

                                amend add etc. as you wish.

                                nem

                                Comment

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