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

[Digby]

Your AAD Forum Username

Digby

Name of Claimant

Lowell Portfolio 1 Ltd

Name of Claimant's Solicitors

Lowell Solicitors Ltd

Claim Issue Date

25 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 instalments. Ignored. Passed to Lowell's Solicitors, I made a f&f/monthly payment offer, this offer wasn't acknowledged before claim form received.

[PlanB]

Re: Lowell Portfolio 1 Ltd ( Lowell Solicitors Ltd ) v Digby - Issued 25 November 2015

From your diary thread which can be found here > http://forums.all-about-debt.co.uk/s...l=1#post539496

Asda/Santander/Niceday
Type of account - Credit card
Date commenced – Around 2007, will need to check
Approx balance - £2,200
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 not ue
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%
16.6.2015Sent '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.
20.7.2015 Letter from Lowell's inviting me to get in touch. Ignored.
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.
30.10.2015 Lowells Solicitors "letter of claim" (think it might be an lba?) dated 28.10.2015 giving 14 days to pay or court action.
4.11.2015 Sent template letter to Lowell's solicitors offering £1 per month or £200 F&F.
27.11 2015 Claim form received from County Court Business Centre.

[PlanB]

Re: Lowell Portfolio 1 Ltd ( Lowell Solicitors Ltd ) v Digby - Issued 25 November 2015

I'm sorry to see this but don't worry we'll do what we can to help you.

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

I see you say the account was opened "around 2007". Can you check that asap because it may be pivotal to the way this claim progresses.

If you've previously sent a CCA request can you email that too. Don't send a new one unless we tell you to.

What is the date on the claim form?

I've emailed the claim form, I've previously uploaded the CCA, would you like me to email that too?

The account was opened Spring 2009, I'm almost certain via online bit I can't be 100% on that.

Date on the claim form is 25th November.

Thanks for your help and reassurance, much appreciated as I quietly panic!

Yes, please email me the CCA response you got with the covering letter if possible i.e. not just the agreement.

I've received your claim form.

Now there are some things to do.

Go to MCOL and file your Acknowledgement of Service stating you intend to Defend all of the claim.

Send a CPR 31.14 request to Lowells Solicitors. The letter requires you to input the date the Defence is due so enter 33 days from 25th November which was the issue date --> CLICK TO DOWNLOAD TEMPLATE

Plan B x

[nanna58]

Re: Lowell Portfolio 1 Ltd ( Lowell Solicitors Ltd ) v Digby - Issued 25 November 2015

Hugs xx

[PlanB]

Re: Lowell Portfolio 1 Ltd ( Lowell Solicitors Ltd ) v Digby - Issued 25 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

[Digby]

Re: Lowell Portfolio 1 Ltd ( Lowell Solicitors Ltd ) v Digby - Issued 25 November 2015

I have sent the CPR 31.14 request to Lowell Solicitors (signed for 1st Class) and sent the acknowledgement of service via MCOL.

[PlanB]

Re: Lowell Portfolio 1 Ltd ( Lowell Solicitors Ltd ) v Digby - Issued 25 November 2015

I have sent the CPR 31.14 request to Lowell Solicitors (signed for 1st Class) and sent the acknowledgement of service via MCOL.

Good.

Now can you please email me the CCA as previously requested. It matters if you want our help.

Please don't fall for the false presumption that a claim which a 'colleague' of yours has received will follow the same flight path as yours. It probably won't. No two claims are alike.

Don't delay.

Plan B x

I've previously uploaded the CCA, would you like me to email that too?

Yes, please email me the CCA response you got with the covering letter if possible i.e. not just the agreement.

[Digby]

Re: Lowell Portfolio 1 Ltd ( Lowell Solicitors Ltd ) v Digby - Issued 25 November 2015

Good.

Now can you please email me the CCA as previously requested. It matters if you want our help.

Please don't fall for the false presumption that a claim which a 'colleague' of yours has received will follow the same flight path as yours. It probably won't. No two claims are alike.

Don't delay.

Plan B x

Have done that now, thank you Plan B.

[Never-In-Doubt]

Re: Lowell Portfolio 1 Ltd ( Lowell Solicitors Ltd ) v Digby - Issued 25 November 2015

Your case has now been referred to our solicitor - please check email and respond accordingly.

Thanks

[IF]

Re: [CLOSED] - Continues in AAD+ Legal Section Lowell Portfolio 1 Ltd ( Lowell Solicitors Ltd ) v Di

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


THREAD NOW CLOSED


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