lowell/lowell solicitors claimform - old studio cat 'debt'.

[leigh04]

I will be i don't trust lowells at all

[leigh04]

Still nothing from lowells or their solicitor

[AndyOrch]

Still nothing from lowells or their solicitor

 

The norm.....start looking at some previous successful defences in the Financial Legal Success Forum.

 

Andy

[leigh04]

My defence was submitted and accepted on the 6th of sept, no response from lowell or the courts, what date would the claim be stayed?

[dx100uk]

33 days

 

 

what defence did you file please?

[leigh04]

I understand it's 33 days and it's calender days so wouldn't that mean the case was stayed around the 9th October?

[leigh04]

33 days

 

 

what defence did you file please?

 

The defence was the one u sent me I just amended it to my information.

[AndyOrch]

My defence was submitted and accepted on the 6th of sept, no response from lowell or the courts, what date would the claim be stayed?

 

Have you not had an acknowledgement from the court you defence has been received?

[leigh04]

9th September I received a letter from the court stating my defence had been received

[AndyOrch]

9th September I received a letter from the court stating my defence had been received

 

Well look again at that letter...it explains all what happens if the claimant does not respond to your defence within 28 days leigh

[leigh04]

It just states that if the dispute cannot be resolved informally the claimant will inform the court that they wish to proceed and then the court will notify me what will happen.

If they wish to proceed the claimant must contact the court with 28 days after receiving a copy of my defence.After that period has elapsed the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay

 

So does this mean I will have to ring the bulk centre and find out If the claim gas been stayed?

[AndyOrch]

It just states that if the dispute cannot be resolved informally the claimant will inform the court that they wish to proceed and then the court will notify me what will happen.

If they wish to proceed the claimant must contact the court with 28 days after receiving a copy of my defence.After that period has elapsed the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay

 

So does this mean I will have to ring the bulk centre and find out If the claim gas been stayed?

 

No ...obviously they have not contacted the court within 28 days ..so its stayed.....if they had you would have received a Proposed Notice of Allocation to Small Claims Track (DQ Directions Questionnaire N180)...by now.

[leigh04]

So I don't need to do anything now then as I have heard or received nothing else from lowell or courts

[AndyOrch]

Its your choice if you wish to ring them..if it makes you happy...but the court will tell you the same...unless we write further to you the claim is stayed..as per your quote above

[leigh04]

Court has informed me the claim has been stayed and lowells will have to apply to the court for it to be lifted if they wish to pursue the debt.

[shamrocker]

Good news! Just forget about it get on with your life until you hear anything more

[leigh04]

UPDATE*

Lowells has responded to the cca request and sent me the cca agreement dated 2010, no default notice and a statement of account.

They are stating that as a court claim was started Aug 2016 I must respond to the claim if not they will get a CCJ against me by default.

 

I've already defended the claim and it's currently stayed!!

[shamrocker]

It's a template letter....just carry on enjoying life until it rears it's head again. Hopefully it won't.

[dx100uk]

left leg right arm syndrome

[leigh04]

Can someone please tell me what a valid cca is meant to look like please and what info it's meant to have on it

[unclebulgaria67]

For a CCA request it has to be a true copy of the terms you signed up to. It does not need to be an actual copy of the document that was issued to you, for agreements taken out after April 2007.

 

It has to contain the full terms of your responsibilities and their responsibilities under the CCA. So the interest rate you had at the start or if variable how this would be advised to you. Payment requirements, cancellation rights. The CCA documents are pretty standard these days, so unlikely one from 2010 would contain any big error.

 

For a 2010 CCA, the creditor issuing the court claim does not need to provide the original or a copy of the CCA. They simply need to evidence a debt under the CCA which you defaulted on. So you can challenge to make their case by proving what they have said in the particulars of claim. You can also challenge any excess late payment charges applied by the original creditor.

 

https://www.handbook.fca.org.uk/handbook/CONC/13/1.html

[dx100uk]

Also hundreds of threads here to read too

Is my agreement enforceable etc

 

Scan it up

[leigh04]

Will upload cca in a bit.

 

According to studio my sar request was sent out to me on the 18th Aug 2016 BUT I have not received it , I have a feeling they have sent it to my old address even tho I specifically stated my current address for it to be sent too. Am I right in asking for it to be resent to my current address without having to pay the 10 pound again?

[unclebulgaria67]

Will upload cca in a bit.

 

According to studio my sar request was sent out to me on the 18th Aug 2016 BUT I have not received it , I have a feeling they have sent it to my old address even tho I specifically stated my current address for it to be sent too. Am I right in asking for it to be resent to my current address without having to pay the 10 pound again?

 

Yes get it sent to your new address, if you advised them of it in your request,

[leigh04]

cca upload