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    shirazi's Avatar

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    Default lowell v shirazi

    issue date: 07/04/2017
    amount: 775.05
    claimant: Lowell Portfolio Ltd
    original creditor: O2 (UK)

    I have received a County court business centre "claim" form from Lowell portfolio LTD. which was sent to my parents household where I have not lived now for nearly six years. It was a mobile phone bill from 2013 with O2 (approx £40) which I could not afford to pay at the time being a student and living abroad during summer. Despite informing O2 at the time, the bill continued to increase with added penalties (£597), which meant it become more and more unaffordable. I'm assuming the debt was passed onto Lowell Ltd with whom I have never responded to in anyway at all. Looking for some advice on what I should do now and how to go about it, as I have no experience with this type of thing. It would be very much appreciated ! thanks.

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    MIKE770's Avatar

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    Default Re: lowell v shirazi

    First Steps |

    - - - Updated - - -

    First Steps |CPR 31.14 Request CPR to solicitors no charge send Recorded Delivery and keep copy on your request copy file

    - - - Updated - - -

    go on line to MCOL top of blue N1 form sign in details, and acknowledge of claim, and tick defend all, others will be here soon no doubt to further advise @Diana M @nemesis45
    Last edited by Kati; 14th April 2017 at 11:08:AM.

  3. #3
    MIKE770's Avatar

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    Default Re: lowell v shirazi

    can you upload the claim form but cover up personal details and reference numbers?

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    nemesis45's Avatar

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    Default Re: lowell v shirazi

    Quote Originally Posted by shirazi View Post
    issue date: 07/04/2017
    amount: 775.05
    claimant: Lowell Portfolio Ltd
    original creditor: O2 (UK)

    I have received a County court business centre "claim" form from Lowell portfolio LTD. which was sent to my parents household where I have not lived now for nearly six years. It was a mobile phone bill from 2013 with O2 (approx £40) which I could not afford to pay at the time being a student and living abroad during summer. Despite informing O2 at the time, the bill continued to increase with added penalties (£597), which meant it become more and more unaffordable. I'm assuming the debt was passed onto Lowell Ltd with whom I have never responded to in anyway at all. Looking for some advice on what I should do now and how to go about it, as I have no experience with this type of thing. It would be very much appreciated ! thanks.
    Hi Shirazi,
    @MIKE770 has pointed you very clearly to what do.

    Is this being processed by Lowell Solicitors Ltd?

    Have you acknowledged service of the claim? You can do this on line at MCOL ( information on this is on the claim forms.

    You have 14 days initially to respond the from the issue date on the N1 form once acknowledged you have 28 days from the issue date.

    So acknowledge and state intention to defend in full but do not enter a defence at this stage.

    If you fail to respond in time you are in danger of getting a judgment against you by default.

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





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    shirazi's Avatar

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    Default Re: lowell v shirazi

    I have now acknowledged the claim online and I have also attached a copy of the form (hope it works). i wasn't sure about this part of the CPR request and wether the CPR 31.14 actually applies to this form. thanks again for your help!

    NB: ONLY LIST HERE DOCUMENTS THAT ARE MENTIONED IN THE PARTICULARS OF CLAIM ON THE FRONT OF THE CLAIM FORM - eg. IF THEY DON'T MENTION ' DEFAULT NOTICE' YOU CANNOT ASK FOR IT UNDER CPR 31.14, IF THEY MENTION CONTRACT rather than AGREEMENT - ask for the CONTRACT...IF IN DOUBT TYPE OUT THE PARTICULARS OF CLAIM AND ASK ON THE FORUM.
    ( and remove this paragraph too!!!!)

    for EXAMPLE
    1. Agreement / Contract
    2. Default Notice
    3. Assignment
    4. Formal Demand





    Attached Thumbnails Attached Thumbnails Form 5.jpg  
    Attached Files Attached Files
    Last edited by shirazi; 19th April 2017 at 21:13:PM. Reason: wrong files attached

  6. #6
    shirazi's Avatar

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    Default Re: lowell v shirazi

    I have now acknowledged the claim online and I have also attached a copy of the form (hope it works). i wasn't sure about this part of the CPR request and wether the CPR 31.14 actually applies to this form. thanks again for your help!

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    nemesis45's Avatar

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    Default Re: lowell v shirazi

    Quote Originally Posted by shirazi View Post
    I have now acknowledged the claim online and I have also attached a copy of the form (hope it works). i wasn't sure about this part of the CPR request and wether the CPR 31.14 actually applies to this form. thanks again for your help!
    CPR31.14 applies as said to the documents mentioned in the particulars or the claim only e.g. an agreement, default notice , notice of assignment these are the documents most mention in POCs. The form posted is the instruction on how to deal with a claim Form N1 is the claim form.
    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





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    ostell's Avatar

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    Default Re: lowell v shirazi

    Repost your claim form and remove your password.

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    shirazi's Avatar

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    Default Re: lowell v shirazi

    hi i have attached my form without any personal details or passwords. thanks again
    i have sent a letter to the solicitors as instructed - now waiting on reply. is there anything else i can do in the mean time to help the process or not? thanks shirazi

    - - - Updated - - -

    hi i have attached my form below without any personal details or passwords. thanks again
    i have sent a letter to the solicitors as instructed - now waiting on reply. is there anything else i can do in the mean time to help the process or not? thanks shirazi

    - - - Updated - - -

    hi i have attached my form below without any personal details or passwords. thanks again
    i have sent a letter to the solicitors as instructed - now waiting on reply. is there anything else i can do in the mean time to help the process or not? thanks shirazi
    Attached Files Attached Files

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    shirazi's Avatar

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    Default Re: lowell v shirazi

    Quote Originally Posted by nemesis45 View Post
    CPR31.14 applies as said to the documents mentioned in the particulars or the claim only e.g. an agreement, default notice , notice of assignment these are the documents most mention in POCs. The form posted is the instruction on how to deal with a claim Form N1 is the claim form.
    nem
    i have received this letter from them after sending the first CPR letter

    - - - Updated - - -

    any advice on what to do next would be much appreciated ! thanks again
    Attached Thumbnails Attached Thumbnails Lowell Letter.jpg  

  11. #11
    shirazi's Avatar

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    Default Re: lowell v shirazi

    @nemesis45

    - - - Updated - - -

    @ostell could someone please help i think i may be running out of time. thanks

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    charitynjw's Avatar

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    Default Re: lowell v shirazi

    Hi shirazi

    Your defence needs to be filed 33 days after the claim issue date (which, according to my math, is 10th May).

    This example defence will give you an idea of the suggested layout, but you will need to tweak it to suit your case.
    http://legalbeagles.info/forums/show...t-Court-Claims

    Basically, remove references to the Consumer Credit Act (CCA) & s87 Default Notice.

    Clearly, Lowells' recent letter, by referring within it to CCA, is templated nonsense.
    Mind you, they do mention an email sent by you.......what was that?
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
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  13. #13
    shirazi's Avatar

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    Default Re: lowell v shirazi

    hi thanks for getting back to me. how do i go about actually filing the defence after i have tweaked that template? do i sent it to lowell solicitors? . I have no clue why they have mentioned an email. the only contact i have had with them is the letter i sent and the letter from them i received. any help is much appreciated thanks! @charitynjw

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    MIKE770's Avatar

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    Default Re: lowell v shirazi

    submit via MCOL on line preferably the day before due to stopping them getting defence early and trashing it with their own. they lowells are well known for using one letter for all cases and gobbly gook in some areas, shows what cowboys they are/

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    charitynjw's Avatar

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    Default Re: lowell v shirazi

    As @MIKE770 says, send the defence to the court (NCCBC) via MCOL.
    They will deal with it from there.
    Keep that letter from Lowells......it may come in useful later in the proceedings, especially if Lowells continue to make stupid mistakes.
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

  16. #16
    shirazi's Avatar

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    Default Re: lowell v shirazi

    i have received these letters from lowell solicitors and the county court. just wondering on what i should do next and looking for some advice. thanks
    shirazi

    - - - Updated - - -

    i have also received this letter from them about a week earlier.
    thanks for your help
    shirazi

    - - - Updated - - -

    this is the earlier letter

    - - - Updated - - -

    MIKE770charitynjw
    Attached Thumbnails Attached Thumbnails Lowell Letter 2nd June2017.jpg   Lowell Letter 2nd June2017.jpg  
    Attached Files Attached Files

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    shirazi's Avatar

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    Default Re: lowell v shirazi

    @nemesis45

    - - - Updated - - -

    @MIKE770

  18. #18
    shirazi's Avatar

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    Default Re: lowell v shirazi

    hi could you please help me on my latest post? any help would be much appreciated

    - - - Updated - - -

    hi could you please help me on my latest post? any help would be much appreciated @MIKE770

    - - - Updated - - -

    hi could you please help me on my latest post? any help would be much appreciated @MIKE770 @charitynjw

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    charitynjw's Avatar

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    Default Re: lowell v shirazi

    Hi shirazi

    You should complete & return the Directions Questionnaire asap, & certainly by the date stated by the court.
    Personally, I always tick yes to mediation.
    If you are going to attend the hearing, put 1 witness (I see Lowells don't intend to go).
    It will be heard on the Small Claims Track, so yes to that.
    & put your local court (or one that is convenient for you).
    The rest is pretty self-explanatory.
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

  20. #20
    shirazi's Avatar

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    Default Re: lowell v shirazi

    hi before i go ahead with sending the questionnaire soon, I'm not too confident on going to court and not really sure as to what it would entail and how complicated it could be. could i incur any costs ? would you maybe suggest contacting lowell first and offering a settlement ? i know there is only so much advice you can give as its my choice at the end of the day, but just need to find out a few more options and what would be best for someone that has never been to court or have any idea about this type of thing ? thanks for your help @charitynjw @MIKE770

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    MIKE770's Avatar

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    Default Re: lowell v shirazi

    do as Char says do not panic plenty of time to progress fill in as stated, lowells at this stage will not give way much might be later on if we think best as it is carry on, lowells take it to the last minute hoping you give in regardless then cases get discontinued long way to go before chance of that.

    Not guaranteed but o hold on for now

  22. #22
    shirazi's Avatar

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    Default Re: lowell v shirazi

    okay thanks @MIKE770 you guys are awesome! i would buy you a beer if i could!
    thanks again

  23. #23
    shirazi's Avatar

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    Default Re: lowell v shirazi

    hi guys, i had my mediation call today. i agreed to make the payment in two monthly payments which was halved by lowell. the mediation person gave me no choice really as to seek legal advice after the phone call i was kind of pressured into making the decision there and then and wa reminded if i lost the case i would have to make the payment in full plus the court costs. starting to regret it now kind of but I'm just seeking your opinion on wether maybe i made an ok choice or completely the wrong one? and wether after this my credit will be fully satisfied or just partially or will it even improve at all? i know you can only say so much, as at the end of the day it is my choice. once again thanks for all your help you guys have been a great help and i couldn't thank you enough. definitely recommend this site.
    @charitynjw @MIKE770

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    Default Re: lowell v shirazi

    well no critasism, this will be out of the way after the two payment (were they at a discount)? , no doubt will show partially settled if so on CRA, well done for trying but at the end of the day you can relax, well done!

    put down as an experiance, and continue on with your life.

  25. #25
    shirazi's Avatar

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    Default Re: lowell v shirazi

    yeah after a while i got it down to 50% off. didn't know there was any such thing as partially settled until after the phone call after come research! thanks again @MIKE770 youve been great

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