Won case against Next but Lowell are taking me to court

[ni-11]

Re: Won case against Next but Lowell are taking me to court

Ok I'll do that. I don't know how to word it exactly but that shouldn't really matter, or does it? Is there something I shouldn't say?

[nemesis45]

Re: Won case against Next but Lowell are taking me to court

You may end up having to do both simultaneously.

Di

That's the way I would go, so if Lowell disregard the information and continue on the a conclusion in court they are going to look rather stupid ( not unusual)

nem

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Ok I'll do that. I don't know how to word it exactly but that shouldn't really matter, or does it? Is there something I shouldn't say?

Do you want help with a letter to Lowlife?

nem

[ni-11]

Re: Won case against Next but Lowell are taking me to court

Yes please!!!!!

[Diana M]

Re: Won case against Next but Lowell are taking me to court

Ok I'll do that. I don't know how to word it exactly but that shouldn't really matter, or does it? Is there something I shouldn't say?

Do not rush this next step. You need to get the letter right.

You've filed your AOS so there's no reason why you can't go ahead and file your Defence and serve it on Lowells at the same time as you send them a letter suggesting they Discontinue their Claim.

You must decide what is best for you - I only offer options and personal opinion.

Di

[nemesis45]

Re: Won case against Next but Lowell are taking me to court

Yes please!!!!!

OK I have some time free tomorrow morning so I will reread the whole thread and put a draft together for you.

If there any other details you think are important please post here and I will pick up on them.

nem

[ni-11]

Re: Won case against Next but Lowell are taking me to court

I don't want to rush it, I want to do it right. I think as you all have suggested I will do both the defence and the letter at the same time

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OK I have some time free tomorrow morning so I will reread the whole thread and put a draft together for you.

If there any other details you think are important please post here and I will pick up on them.

nem

Thank you sooo much. I can't think of anything else. The only thing I noticed is the new claim is one pound less than the old one. I don't know whether this is intentional or a mistake

[Diana M]

Re: Won case against Next but Lowell are taking me to court

The only thing I noticed is the new claim is one pound less than the old one. I don't know whether this is intentional or a mistake

Or maybe Next credited the £1 statutory fee you sent with your CCA Request to your account?

Di

[nemesis45]

Re: Won case against Next but Lowell are taking me to court

[QUOTE=ni-11;680606]I don't want to rush it, I want to do it right. I think as you all have suggested I will do both the defence and the letter at the same time

Good morning ni,

I'll add that in !

nem

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[nemesis45]

Re: Won case against Next but Lowell are taking me to court

I don't want to rush it, I want to do it right. I think as you all have suggested I will do both the defence and the letter at the same time

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Thank you sooo much. I can't think of anything else. The only thing I noticed is the new claim is one pound less than the old one. I don't know whether this is intentional or a mistake

Hello ni,

I see we don't have the name of the solicitors handling this for Lowell, is it Lowell Solicitors Ltd. / BW Legal for example?

This letter should go to the Andrew Bartle and copied to the solicitors name on the N1 Claim For

Andrew Bartle
Chief Operating Officer
Lowell Group
Ellington House
9 Savannah Way
Leeds Valley Park
Leeds
LS 10 1AH


Date:

Ref: County Court Claim No.................................:
Issued On............................. by .................................Solicitors.


Dear Mr Bartle.

For Clarity and to avoid any misunderstanding please note I do not acknowledge any liability to any company of the Lowell Group.

I refer you to the above mentioned county court claim regarding an alleged debt said to arise form an account with Next please take note of the following points:

1. This alleged debt was the subject of a county court claim by Next dated ..........................:

2.This claim was defended.

3. Next wrongly claimed that the agreement was not regulated under the provisions of CCA 1974. Next wrongly allocated the statutory fee paid for a copy of the agreement to the account and did not provide any documentation

4.On hearing my defence the judge struck out this claim, as the claimant (Next) could not produce the original signed agreement.

5. I am aware that no such a no such agreement exists, and I suggest that in the interest of saving court time that Lowell discontinues this claim forthwith as it has no reasonable chance of success.

Should Lowell decided to continue with this claim it will be robustly defended.

I expect your prompt reply so that this matter is quickly resolved.

I enclose herewith copies of all relevant documents.

Your etc.

Send both letters by signed for post check delivery date and signatures( print off a copy for your records.

ni, just fill in the missing dates etc.

[ni-11]

Re: Won case against Next but Lowell are taking me to court

The claim form states Lowell portfolio I LTD as the claimant and Lowell Solicitors Limited as the claimant's legal representative.

Thank you so so much!!! Shall I sign the letter or will they copy my signature on a cca? lol!

Can I more or less use this as my defence on the form as well?

[nemesis45]

Re: Won case against Next but Lowell are taking me to court

The claim form states Lowell portfolio I LTD as the claimant and Lowell Solicitors Limited as the claimant's legal representative.

Thank you so so much!!! Shall I sign the letter or will they copy my signature on a cca? lol!

Can I more or less use this as my defence on the form as well?

Hello ni,

The " signature lifting" Theory is really just urban myth, there's no problem with signing the letters.

Yes use this for the defence, take a look at the specimen defences in the green box on the " received a claim forum" to give you an idea of format and content then make a draft and post it here we can then go through it with you.

nem

[ni-11]

Re: Won case against Next but Lowell are taking me to court

Thank you, I will as soon as I write it. Thank you again

[nemesis45]

Re: Won case against Next but Lowell are taking me to court

Thank you, I will as soon as I write it. Thank you again

Always happy to help!

nem

[Diana M]

Re: Won case against Next but Lowell are taking me to court

I don't want to rush it, I want to do it right. I think as you all have suggested I will do both the defence and the letter at the same time

There was another option suggested so I'll leave it to the Beagles to advise you from now on.

I hope you get this problem sorted swiftly.

Di

[ni-11]

Re: Won case against Next but Lowell are taking me to court

There was another option suggested so I'll leave it to the Beagles to advise you from now on.

I hope you get this problem sorted swiftly.

Di

what was the other option? I am sorry if I didn't see it!