Lowells portfolio

[wiltshirecouple]

Re: (Claimant's name) v (Your name) Case No:

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) county court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest your claim.

 

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

 

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the assignment*

 

3 the default notice*

 

4 the termination notice*

 

5 [any other documents mentioned in the Particulars of Claim]*

 

* delete if not mentioned in the Particulars of claim.

 

[Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise]#

 

# delete if claim for a sum exceeding £5,000.00

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully

 

 

you may have to alter some of this in order to take in what you are trying to achieve

[DESALI100]

Hi All,

I know I'm supposed to start a new thread but I don't know how! I don't seem to have the access to start a new thread only to reply.

 

Hopefully someone can help with the Lowell losers. I have received letters now for nearly a year, I've replied once asking them to provide information on the amount that I owe as I (honestly) have no recollecton of it. it's nearly £200 from a phone company last paid in 2004.

 

They are getting more and more serious with their letters and have placed a default status on my credit status that is restricting me to get credit. The default is with Lowell and the started date is 28/08/2004, the defaulted date is 10/02/2009.

 

I've never admitted ownership of this debt and I've seen threads on here saying that after 6 years this will be statute barred. Does this mean that my credit history with the lowell record will be cleared after 28/08/2010?

Or should I request a CCA from them?

Any help will be very much appreciated. I hate these people!!!!

[Bazooka Boo]

Click on this,

Debt Collection Industry - The Consumer Forums

 

Then scroll all the way to the bottom of the page, and insted af a blue box with the words 'Post reply' there will be one that says 'New Thread' click on that and start your own thread give it a name like 'Desali100-V-Lowell.

 

And then you will get more help for that itch..

[Bazooka Boo]

it's nearly £200 from a phone company last paid in 2004.

Which Phone Comapany? 3G perhaps??

 

They are getting more and more serious with their letters and have placed a default status on my credit status that is restricting me to get credit. The default is with Lowell and the started date is 28/08/2004, the defaulted date is 10/02/2009.

Well, if you genuinely do not know of any outstanding debt to this Mobile Phone company, then did you send them the 'No debt acknowledged' letter?

http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/573-general-debt-letter-if-you-know-nothing-of-the-debt

What did they respond with?

 

I've never admitted ownership of this debt and I've seen threads on here saying that after 6 years this will be statute barred. Does this mean that my credit history with the lowell record will be cleared after 28/08/2010?

In short yes, any default placed on your credit file only have a life span of 6 years, then it will automatically drop off.

 

Or should I request a CCA from them? Mobile contracts don't fall under the CCA.

 

Really do need more info, once you have your own thread mind will be more than happy to help..

 

Boo;)

[DESALI100]

I've started a new thread under Desali100 vs Lowell.

 

Thanks for your help Boo

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/260212-desali100-lowell.html

Edited May 18, 2010 by maroondevo52
Added link

[blastermaster]

recieved a letter from them saying i should contact them as theyhave been sending me letters. also been gettin calls from them but as soon as they say lowells i just cut them off. wat do i do:(

[Bazooka Boo]

Have they been sending you letters, saying what exactly?

[blastermaster]

they sent me a letter as i stated earlier with them sending me the terms and conditions and copy of the bill and amount that i apparently owe. in that letter it stated i should pay within 7 days to avoid court action.

 

recieved a letter today saying i didnt contact them and that i should contact to avoid further action.

 

Been gettin the calls for the past couple of days aswell.

[Bazooka Boo]

IMHO it's 98 quid! What do they expect you to do?

 

I would simply ignore them now, if they have sent you nothing that ties you to the account and have just sent generic T&C's and an alleged bill, just file their nonsense away, alternatively send them the no acknowledgement letter again. Just get proof of posting this time, I wouldn't waste the price of a first class stamp on them either.

[blastermaster]

is the no acknowledgment letter the one i sent in the first instance? thats when they sent me the terms and conditions. what should i write this time? or should i send the CRP letter stated in one of the above posts?

 

thanks for ur help by the way

[Bazooka Boo]

Have you got in touch with the mobile phone company?

 

I would speak to them, and ask them what is going on, however don't pay them anything over the phone!

 

Lowells will do nothing, so they can be suitably ignored for the time being, OR you can tell them that you dispute the account and are in discussions with the mobile phone company, and request all collection activities to be suspended until you are able to get the relevant evidence of the alleged debt from them.

 

And the only way you will really know how this debt came about would be to SAR the phone company, and get all of the information and facts, way before entertaining lowlifes...

 

Try the cheapest method first, and ring the phone company, before shelling out a tenner for a SAR.

[blastermaster]

ok recieved another letter.

 

stating that after numerous occasions i havent got back, and if i do not pay within 5 days legal action will be taken including someone knocking on my door.

 

wat to do please ladz

[Bazooka Boo]

Can you scan and post that missive up on here, removing all ID first.

 

It is a threat which has been generated by a computer, it will have not had any human input, less for the postie pushing it through your letter box.

 

If I knocked on your door and said you owe me 98 quid, pay up now, what would your first reaction be?

 

Exactly, I would be lucky to be able to walk away from your property.

 

Do not be intimidated by these fools, they are absolutely nothing to worry about, I would be extremely surprised that they have any doorstep collectors working for such a laughable company.

 

Ignore their pathetic empty threat.

 

Have you contacted the phone company yet?

 

As you can see, you have sent them the 'No acknowledgement' letter and their threatomatic computer has made no reference to it, file the letter away safely, and collate all the evidence to be able to make a formal complaint to the OFT and TS at a later date.

[blastermaster]

can anyone direct me to the no acknowledgement letter as i think i only sent them a prove it letter.

[Bazooka Boo]

They are pretty much the same, ie, you acknowledge no debt, so prove it...

http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/573-general-debt-letter-if-you-know-nothing-of-the-debt

[blastermaster]

ye have done that, so i should just wait? they are just sending letters saying i have this many days bla bla. anything i should send to them?

[Bazooka Boo]

ye have done that, so i should just wait? they are just sending letters saying i have this many days bla bla. anything i should send to them?

 

Seriously, you have nothing to worry about, the letters will intensify both in empty threats, and regularity, unless they issue you with a statutory demand, which these jokers won't, then you really have zero to worry about.

 

You have sent them the No debt acknowledged letter, to which they have failed to reply to you in any coherent manner, ensure you keep a diary of events and copies of all the garbage they send you.

[blastermaster]

ok recieved another letter today however this time it was from RED Debt collection not lowells. They want the same debt and are asking me to call them, and then a little later on i recieved a text from lowells asking them to call.

 

So im being followed for one debt by two companies.

[Bazooka Boo]

Look at the bottom of their threatogramme, it should say that RED is a trading style of Lowlifes

 

Designed to intimidate and exploit the debtors lack of knowledge, file it under ignore, what did this one say, and what colour crayons did they use?

[ODC]

ok recieved another letter today however this time it was from RED Debt collection not lowells. They want the same debt and are asking me to call them, and then a little later on i recieved a text from lowells asking them to call.

 

So im being followed for one debt by two companies.

Red an Lolwells are one and the same as is their joke outfit called Hampton Legal. Basically its the same sh!t on different notepaper. They are all Trading styles of the Leeds Losers. Do not even dignify these clowns with a reply.

[blastermaster]

ok recieved a letter from "merit force collections" saying that baliffs will be knocking on my door in 10 days. I can stop this by calling bla bla. and a few weeks ago i recievd a letter from mackenzie hall saying i can pay half the original debt of 98. I only need to pay 49.00, which i ignored. however these letters are getting ridiculous and im getting a big shouting at from my dad if i dont do anyting. how do i make them stop. please help me:( If i pay them will they stop?? Also they have put a default on my file aswell!! I need that removed aswell.

[unclebulgaria67]

Once the default is on your record, it will stay on their for 6 years. They won't remove it even if you paid. It would just be noted as satisfied.

 

Meritforce are just doorstep collectors with no powers. Bailiffs on the other hand do have powers if there is a court order.

 

My advice for what it is worth, is that if you have not managed to dispute the debt, you should pay up. Is it worth this much hassle over £98 ?

[alfwithhair]

Meritfarce are Mucky Hall's pavement pounders.

They may visit, but unlikely, simple tell them to do one if they do, no powers whatsoever.

There will be no Bailiffs unless they have been to court without you knowing, obtaining a judgement and you have failed to comply with the terms of the judgement.

 

Is just more intimidation tactics to get you to contact them by phone.

Personally I would report them to trading standards and the OFT for threatening Bailiff action which they know is not an option

[theratboy]

I had 4 letters threatening and authorised collector visit from meritforce, i never responded, no-one ever turned up meritforce must have got bored of the lack of response so then muck hall carried on sending their threat-o-grams for me to ignore. Still ignoring well, it's easy but my alleged debt is statute barred.