[CLOSED] - Continues in AAD+ Legal - Lowell Portfolio 1 Ltd ( Lowell Solicitors Limited ) v Hughie

[Hughie]

Your AAD Forum Username

Hughie

Name of Claimant

Lowell Portfolio 1 Ltd

Name of Claimant's Solicitors

Lowell Solicitors Limited

Claim Issue Date

20 November 2015

Who Signed the Claim Form?

The Solicitor Firm (i.e. Joe Blogs Solicitor)

How much is being Claimed?

Under £10,000

Have you Submitted the AoS Response?

No

If Yes, when was the AoS Submitted

-

Details of Claim

Made payments to Niceday for some months under a self-managed DMP, sold to Lowells in January, stopped making payments and sent CCA request. Offered 10% settlement a few months ago, offer refused by Lowells but said would accept 85% which could be paid by by instalments. Held out for a better offer but didn't work!

[PlanB]

Re: Lowell Portfolio 1 Ltd ( Lowell Solicitors Limited ) v Hughie - Issued 20 November 2015

From your Diary thread http://forums.all-about-debt.co.uk/s...l=1#post539162

Asda/Santander/Niceday
Type of account - Credit card
Date commenced – 11.2.2009
Approx balance - £2,345
Date last paid – 19/01/2015
Are you on arrangement or not paying – Was making reduced payment but have now stopped
Status – Default Notice 30.9.2014
Account owner – Lowell
History – Asda, then Santander, then Niceday


5.6.2014 Niceday agreed payment plan.
15.1.2015 Niceday advised sold to Lowell’s
10.2.2015 CCA request sent
19/02/2015 Letter from Lowell’s advising they may not be able to get documents within 12 days as requested.
3.3.2015 Letter from Lowell’s advising Newday “still trying to retrieve it from their archives” and account has been put on hold until they receive further info from Newday.
27.3.2015 Letter received from Lowells enclosing reconstituted version of CCA, Niddy advised enforceable.
30.4.2015 Letter sent to Lowell offering F&F 10% of balance
5.5.2015 Letter from Lowell, said no to 10% but would accept 85%
16.6.2015 Sent 'missing prescribed terms' letter
19.6.2015 Letter from Lowell's stating that Newday have supplied them with a true copy of the credit agreement and although the copy credit agreement supplied did not include my signature they feel it satisfies their obligation. Also says that Newday would not have allowed credit facility to be opened or utilised without a signed application so say it satisfies their obligations under the consumer credit cat 1974. Asks me to contact within 30 days with payment proposals.
Lowell's have written about three times since then offering approx 15% reduction on full settlement and possible to pay by instalments which I ignored to see if they would come up with something better.
26.10.2015 Letter from Lowell's saying now passed to "Lowells Solicitors" (in house I guess) and all correspondence should now be to them.
Enclosed in same envelope letter from Lowell's Solicitors "Notice of Acting" saying they have been instructed by Lowell's and I must contact them to make arrangements to pay or advise of a valid reason for withholding payment. Said could pay by instalments and will not be asked to pay more than I can afford.
3.11.2015 Wrote with offer of £1 per month or 10% settlement
24.11.2015 County Court claim form received.


A few questions please. Can we use the CAB i&e forms that we used previously for other creditors, rather than the i&e forms from the County Court Business Centre claim form, as this would save quite a bit of time?

Secondly they seem to have charged us interest on the claim form, can they do that?

Thirdly, what will happen in terms of court action if they a) accept the monthly payment offer, b) refuse to accept the monthly payment offer? Under what circumstances will I get a CCJ, is that inevitable now?

I'm sorry to hear this.

No it's not inevitable that you will get a CCJ just because you've got a summons. If you have a good enough reason to file a Defence then you will get the opportunity to settle this using the court's free telephone Mediation service. Any settlement agreed remains private and there would be no CCJ.

If there is no Defence then you can settle it with a Tomlin Order with the creditor's solicitor, which means there will be no CCJ and no new information reported to the CRA (the original Default will remain but no CCJ).

The credit agreement may be enforceable because it's from 2009, but that doesn't automatically mean that there aren't any other potential flaws to consider. Was this account applied for in an Asda store, online or some other way?

I wouldn't leap to admit the claim on the MCOL form until we've taken a good look at the overall situation first.

Can you email me a copy of the claim form (N1) as a PDF using planb@all-about-debt.co.uk with a copy to Niddy using webmaster@all-about-debt.co.uk. Don't blank anything out as it's a perfectly secure email system.

Then will you start a new thread in the Legal Section here > http://forums.all-about-debt.co.uk/s...l=1#post461134

What is the date on the claim form?

Your emailed claim form and CCA request response has arrived safely.

Don't do anything about this claim yet. Your AOS deadline is 8th December so nag us a few days before if you haven't heard from anyone.

Plan B x

[PlanB]

Re: Lowell Portfolio 1 Ltd ( Lowell Solicitors Limited ) v Hughie - Issued 20 November 2015

There are two things you now need to do.

Immediately send a CPR 31:14 request to the Claimants Solicitor (Lowells Solicitors) - template here --> CLICK TO DOWNLOAD TEMPLATE

On Monday login to the MCOL system and complete the Acknowledgement of Service section stating you intend to Defend all of the claim.

Confirm on this thread when you've done that. We will then move your thread to the AAD+ section where we can discuss things more freely.

We need to know the circumstances of how you opened this account. Was it instore, online or by postal invitation etc.

Plan B x

[Hughie]

Re: Lowell Portfolio 1 Ltd ( Lowell Solicitors Limited ) v Hughie - Issued 20 November 2015

Thank you Plan B
The CPR 31;14 form states "the defence is due to be filed by xxxx" but I'm not sure which date that is.
Is it 28 days from issue of claim which was dated 20th November therefore making it 18th December?
I'm pretty sure the account was opened online but I can't be 100% certain.

[PlanB]

Re: Lowell Portfolio 1 Ltd ( Lowell Solicitors Limited ) v Hughie - Issued 20 November 2015

The CPR 31;14 form states "the defence is due to be filed by xxxx" but I'm not sure which date that is.
Is it 28 days from issue of claim which was dated 20th November therefore making it 18th December?

It's 33 (28 + 5 for postal service) days from the date on the summons which would make it 20th December.

Plan B x

[Never-In-Doubt]

Re: Lowell Portfolio 1 Ltd ( Lowell Solicitors Limited ) v Hughie - Issued 20 November 2015

Well as this is from 2009 then it will need resolving - however the thing is they issued a claim after you'd made an offer - yet on your thread you mention no update regards the offer - can you clarify - was a response received from them when you offered £1pm or 10% settlement?

Thanks

[Hughie]

Re: Lowell Portfolio 1 Ltd ( Lowell Solicitors Limited ) v Hughie - Issued 20 November 2015

Hi Niddy, on the 6^th May Lowells rejected 10% of the balance in full and final settlement but offered a 15% discount and would accept £1 pm but did not say for how long. In September they offered 30% discount by monthly payments but did not mention a specific amount.

Since the account was referred to Lowells Solicitors the only contact has been


1) An LBA from Lowells Solicitors
2) We reiterated our offer of 10% using the template letter as before.
3) Court claim issued on behalf of Lowells Solicitors so since Lowells Solicitors took over there has been no specific acknowledgement of our offer.

[Never-In-Doubt]

Re: Lowell Portfolio 1 Ltd ( Lowell Solicitors Limited ) v Hughie - Issued 20 November 2015

Ok thanks. You can settle at mediation if necessary so sit tight. Let planB and Jo sort it behind the scenes

[Hughie]

Re: Lowell Portfolio 1 Ltd ( Lowell Solicitors Limited ) v Hughie - Issued 20 November 2015

OK, thanks Nid, so do I go ahead and send the CPR 31:14 request and complete the acknowledgement of service, as suggested earlier?

[Never-In-Doubt]

Re: Lowell Portfolio 1 Ltd ( Lowell Solicitors Limited ) v Hughie - Issued 20 November 2015

OK, thanks Nid, so do I go ahead and send the CPR 31:14 request and complete the acknowledgement of service, as suggested earlier?

yes. Follow whatever planB suggests as she works with our solicitor (Joanna Connolly).

[PlanB]

Re: Lowell Portfolio 1 Ltd ( Lowell Solicitors Limited ) v Hughie - Issued 20 November 2015

do I go ahead and send the CPR 31:14 request and complete the acknowledgement of service, as suggested earlier?

Yep, stick to the plan outlined in post # 3.

Your credit agreement from 2009 may not be "irredeemably" unenforceable (s.127) but that doesn't mean the Claimant has got everything else tickety-boo in legal terms.

They'll need to prove they actually own this debt and have the freedom to take you to court to claim the money. They may well have, but we need to run forensics over all the paperwork before that decision can be made. Hence the reason for the CPR request to force them to provide all the paperwork for us to scrutinize.

At the same time it may flag up the necessary paperwork which they haven't got.

Plan B x

http://forums.all-about-debt.co.uk/s...l=1#post539482

[nanna58]

Re: Lowell Portfolio 1 Ltd ( Lowell Solicitors Limited ) v Hughie - Issued 20 November 2015

Good luck xx

[PlanB]

Re: Lowell Portfolio 1 Ltd ( Lowell Solicitors Limited ) v Hughie - Issued 20 November 2015

I've emailed you. If you do as I have suggested then everything should go quiet for a week or so.

Please update any developments on this thread as and when they happen.

I'm away until 4th December but I have email alerts set up so I'll see anything you post on here in the meantime

Plan B x

[IF]

Re: Lowell Portfolio 1 Ltd ( Lowell Solicitors Limited ) v Hughie - Issued 20 November 2015

Moved thread to the Protected AAD+ Legal Claim Portal --- > http://forums.all-about-debt.co.uk/s...-November-2015

THREAD NOW CLOSED

How to join AAD+ ---- > AAD+ Members Portal