Lowell solicitors have applied for a ccj, please help!

[Darter245]

Re: Lowell solicitors have applied for a ccj, please help!

Hi Charity

Was hoping you weren't going to say something like that. I will give it all another scan thru tomoro affer work.

Got mediation on Wednesday too that may be a better option now?

Need to work out the best way of writing my Witness Statement now that Lowell Soiicitirs have finally provided some form of documents also.

Micky

[charitynjw]

Re: Lowell solicitors have applied for a ccj, please help!

Unfortunately it is quite possible, given the short period of time that the agreement was 'live', that there is only one set of applicable T&Cs.
Lowell have asserted that the ones they sent are correct; that puts the burden on you to prove that they are not correct.

[Darter245]

Re: Lowell solicitors have applied for a ccj, please help!

Evening Charity,

I do fear the ball may firmly be in Lowell Solicitors court on this occasion, took their time to send any relevant information out, however the stuff they have sent appears to be everything they need.

Micky

[Darter245]

Re: Lowell solicitors have applied for a ccj, please help!

Has anyone got any experience of mediation? If Lowell do have a strong hand what sort of discount could I possibly achieve or aim to achieve? This has been going on since last September I genuinely thought I had the buggers. Really can't afford a CCJ on my file.

Micky

[charitynjw]

Re: Lowell solicitors have applied for a ccj, please help!

Evening Charity,

I do fear the ball may firmly be in Lowell Solicitors court on this occasion, took their time to send any relevant information out, however the stuff they have sent appears to be everything they need.

Micky

Hi Micky

From what you have posted it would be a pretty tough call to say what would happen if it is put before a judge.
However, without having 'hands on' re the paperwork provided, we're at a bit of a disadvantage.

A last-gasp suggestion would be to contact a solicitor who specialises in Consumer Credit law (I'd suggest going to the LBCompare link, top RH of this thread).

The judge on the day may well suggest that the parties have a last attempt at mediation.
If all else fails you could negotiate a Tomlin Order.

[Darter245]

Re: Lowell solicitors have applied for a ccj, please help!

Afternoon everyone,

I am just working on my Witness Statement at the moment if I post up what I have achieved so far with some questions would anyone be kind enough to have a look and have a go at answering my questions?

Thanks

Micky

[Darter245]

Re: Lowell solicitors have applied for a ccj, please help!

I, xxxxxxxxx xxxxxxxxx of xxxxxxxxxxxxx, am the Defendant and make this statement in support of my defence in this case;

1. I Received the claim on 13th September 2016 from Northampton County Court Business
Centre.
2. The Claimant's claim form fails to adequately set out the nature of the claim. The Claimant
states the claim relates to a regulated agreement with Vanquis.
3. I believe this to be a credit card account however I do not have any record of the account
reference number given.
4. I acknowledged receipt of the claim via the Money Claim Online Service on 19th
September 2016.
5. In order to find out more information to enable me to assess my position, on 19th
September I wrote to the Claimant and the Claimant's legal representative requesting
copies of documents mentioned in their statement of case pursuant to CPR Part 31.14
(EXHIBIT A) These documents being the agreement, default notice and notice of
assignment.
6. Additionally, on 19th September 2016 I sent a formal written request to the Claimant
requesting a copy of the original credit agreement pursuant to section 78 of the
Consumer Credit Act 1974 (EXHIBIT B).
7. On 6th October 2016 the Claimants Solicitors replied (EXHIBIT C) to my written request
without the written documents.

That is what I have so far the part that is puzzling me is going to follow. On a lot of concluded cases and other threads that I have seen people usually put similar things on their Witness Statements. Things such as;

"The Claimant has not disclosed any documents relating to their to the Defendant".

"According the claimant has failed to comply with s78 (1) Consumer Credit Act 1974 and
by virtue of s78 (6) Consumer Credit Act 1974 enforce the agreement".
-----------------------------------------------------------------------------------------------------
My question is if Lowell Solicitors have subsequently produced copies of letters and agreements, see page 6, how do I word the end of my Witness Statement?!!!!!!!!!!!!KK
-----------------------------------------------------------------------------------------------------
I understand I need to include an appendix at the end too list all exhibits such as receipts etc.

Many thanks

Micky

[Darter245]

Re: Lowell solicitors have applied for a ccj, please help!

**BUMP**

[Amethyst]

Re: Lowell solicitors have applied for a ccj, please help!

Morning xxx Reading

[Amethyst]

Re: Lowell solicitors have applied for a ccj, please help!

Okay, it does look like all the documents they have provided are in order. The agreement was end of 2012 so it isn't that suprising that they have the documents or that they look to be compliant. The DN looks okay to me too.

I can't see that you have a defence, unless I'm missing something ? Is the WS a tactical move ?

Personally if the amount isn't massively inflated with charges, then I'd be looking at getting into a negotiation with the Claimant for a full and final settlement ( either lump or by installment ) under a consent order to keep you out of the realms of a CCJ.

[Darter245]

Re: Lowell solicitors have applied for a ccj, please help!

Hi Amethyst

The WS was going to be put in because I got paperwork from the court stating I had to send it to themselves and the Claimant before the 30th of this month. I thought I would write one just in case the mediation didn't go too well.

However after speaking to Charity and your own comments I believe it Woukd now be best to try and achieve the consent order. If I have mediation booked for this Wednesday 28th is this the occasion where I will be able to sort all of that out?

In terms of the Mediation itself how would you suggest I should try and play things as Lowell Solicitors have obviously got a pretty strong hand?

Many thanks

Mkcky

[Amethyst]

Re: Lowell solicitors have applied for a ccj, please help!

Okay that sounds sensible in that case, but yes you should be able to come to some arrangement in Mediation. I don't know others experiences whether you get a better deal using the mediation process to make an agreement or just going direct to Lowell before the mediation appointment. Presumably mediation carries a cost to Lowell so possibly better to have a bash beforehand directly.

I don't know if you could look at 50% plus court fees as a lump sum ( is that manageable ?) might be a decent starting point. If installments only then it's unlikely you'd be able to get as much of a discount - it depends how long you could do installments over.

Otherwise if they know they have you by the whatsits they might insist on the full amount at mediation knowing they are likely to get the judgment if it goes into court.

As it isn't a humongous sum then I think it's worth negotiating and settling rather than risking a CCJ.

[Diana M]

Re: Lowell solicitors have applied for a ccj, please help!

correspondence from Durham County Court today, this letter is headed, "General Form of Judgement or Order". The letter goes on to say the following;

IT IS ORDERED THAT
1. The Claimant shall by 26th March 2017 file in Court and send to the Defendant a copy of the original agreement, a copy of the default notice, a copy of the deed of assignment and notice to the Defendant.

2. In default, the claim shall be struck out.

Dated 16 February 2017

Assuming Lowell can't provide all of that, this is obviously rather good news, right?

Has the Claimant complied with the court Order of 16th February requiring them to produce the Deed of Assignment (not just the Notice of Assignment) by 26th March 2017 or the claim shall be struck out?

Di

*sorry if that question has been answered elsewhere on your thread - I haven't read back through all the posts this morning.

[Diana M]

Re: Lowell solicitors have applied for a ccj, please help!

[ATTACH=CONFIG]28199[/ATTACH][ATTACH=CONFIG]28200[/ATTACH][ATTACH=CONFIG]28201[/ATTACH][ATTACH=CONFIG]28202[/ATTACH][ATTACH=CONFIG]28203[/ATTACH]

I've found this in post #134.

Is image 6 all that was sent to you purporting to be the Deed of Assignment or were there more pages? I would expect there to be loads more pages possibly redacted in some parts for "commercially sensitive reasons".

Is there anything else which specifically states that your account (number) was included in that purchase agreement?

What is the exact name of the Claimant on the claim form?

Di

[Darter245]

Re: Lowell solicitors have applied for a ccj, please help!

Afternoon Di

I got a pack of paperwork thru the post dated 21st March. The covering letter from Lowell Solicitors as I have previously mentioned said," Pursuant of the court order dated Feb 16, pleased find enclosed a copy of the original agreement, default notice, deed of assignment and notice of assignment".

I can't see one piece of paperwork anywhere that's actually mentions the words "deed of assignment".

That piece of paperwork that that you have highlighted literally is one sheet of paper which has been photocopied and that's they way it turned up with nothing else to go with it.

The name of the claimant on the claim for is, Lowell Portfolio LTD

Micky