Lowell claimform - 3 sep CAT debts ***Claim Discontinued***

[disneygirl]

Thanks dx much appreciated info

T

[disneygirl]

Hi all

been away for awhile getting my head together and awaiting developments

now back so on with the show

received paperwork while away but only from Studio Cards (see attached) - credit agreement and sar

N180 not received from Low

MCOL still shows the same as on date my defence was received so no change there

so I presume now a waiting game to see if more paperwork appears re j.d williams?

 

 

Studio SAR Return.pdf

studio Credit Agreement from studio sar.pdf

[dx100uk]

so looks like the claim is well stayed now..

twill cost Lowell another £255 to lift the stay too.

 

IF they do.

 

 

[dx100uk]

can I just check that your name nor sig nor address is nowhere to be seen on any of that upload from lowells?

ignore the sar that's your secret paperwork

[disneygirl]

hi dx 

paperwork posted is direct from studio cards according to post code on envelope not lowells

no paperwork from lowell since their n180

 

[dx100uk]

but you didn't send studio your CCA request did you?

 

and mu Q above please too

[disneygirl]

Hi dx

to save looking back copy pasted Post 37:

"Hi

Although I have not posted I have not been idle.

I have sent  Lowell Sol CPR 31.14 re each of the companies on  claim form. 22-24/07/2019

I have sent Lowell Port CCA s78 re each of the companies on claim form.   22-24/07/2019

I have sent companies ( original creditors ) listed on claim form a SAR.        29/07/2019"

Regarding the above post I have received nothing at all from lowell sols and/or lowell portfolio

 

the only documentation I have received is from Studio Cards in response to SAR

 

re question on upload what is shown in the 2 documents at Post 78 is as it was received all paperwork just merged into 1 in both cases

[dx100uk]

so what you have uploaded, the agreement, has not come from lowells and is not stated as being in response to your CCA request but what you have extracted from studios SAR? and it doesn't have your address / sig anywhere...

 

ANYTHING you get from studio in the SAR you KEEP TO YOURSELF!!

 

[disneygirl]

hi dx

paragraph 1 totally correct

paragraph 2 will put in safe and forget until needed

wish I had not posted sar now

[dx100uk]

no harm in the SAR.

 

 

[disneygirl]

ok thanks

[disneygirl]

Hi all

thought they might have forgotten about me, but no.

22-11-2019 received large envelope of docs I asked for what seems like ages ago

 

thanks again dx for pointing me patiently in the right direction

 

 

Letters_from_Lowell_22-11-2019_merged.pdf Studio card express gifts CCA return Lowells.pdf Crazy Clearance CCA return Lowells.pdf Fashion world CCA return Lowells.pdf

[dx100uk]

the claim is well stayed is it not?

 

 

[disneygirl]

Hi dx I have pulled the following together to save you trawling docs and or my posts and yes it is well and truly stayed,I think,BUT this is Lowells after all

 

1.checked MCOL claim history last item shown “Your defence was received on 13/08/2019 at 12:05:48”

 

2.Paperwork received from Lowell dated ??-11-2019 received 22-11-2019

Merged doc-Page 1 of 39 - 2^nd para - line 3 - “You were given the opportunity to request documentation in support of our Client’s Claim, however there is no record of you making any such request for documents.”

NOTE:

On or about 21^st July 2019 I posted by recorded delivery 4 letters/requests to the following.

Letter 1 to Lowell Sols which was a CPR 31.14 Request

On 03/08/2019 received from Lowell sols letter of acknowledgement in answer to my request for documents

Letters 2-3-4 to Lowell Portfolio quoting separate account/reference on each letter.

The first line of each letter stated “This letter is a formal request pursuant to s.78 of the consumer credit Act 1974”

Yes I have kept receipts for the postings.

 

Page2 of 39. 5^th para “Current position”

“We note that your filed a Defence in response to our Client’s Claim. However due to an error in relation to our reporting systems the Claim has subsequently been stayed as we did not notify the Court of our Client’s intentions in response to your defence.

In order to resolve the matter amicably, our Client is keen to attempt settlement of the outstanding balances with you. Please contact our offices etc”

 

I have and always will keep/make copies of documentation.

I am pretty sure that from the date I submitted my defence 12/08/2019 Lowell had 28 days (09/09/2019) to submit their defence, otherwise claim is automatically “stayed”.

As stated at 1. nothing is shown on MCOL regarding Lowell defence

Please correct me if I am wrong in the above statement.

Advice on what happens next is much appreciated.

T

[dx100uk]

from what I remember they just squeezed this claim in before they all went SB'd.

 

they have now gone SB'd but ofcourse the issuance of the original claimform stopped the clock.

 

if lowells were stupid enough to issue an N244 to lift the stay and the court writes...

 

i'm pretty sure you'd have a very good case to respond with something referencing the original claim was issued to solely stop the statute barred clock. which is somewhat an abuse of the court system.

[disneygirl]

Yes you are correct just before SB'd by about a week if I recall

 

so the way forward is to sit and wait to see if N244 is issued

BUT more importantly to await a court letter saying that the stay is lifted

Am I correct in my assumption?

 

otherwise just ignore any further communications re this matter?

[dx100uk]

no the claim is not automictically lifted should the fleecers issue an N244.

 

there has to be a court hearing, which is where the notification from the court becomes important as it will detail important things the claimant and defendant must do by certain dates.

 

however...……...

it is worthy to note that many DCA's issue N244's to the defendant on stayed court claims without actually filing them to the court, hoping the defendant doesn't know otherwise and wets themselves and coughs up in panic.

 

 

[disneygirl]

 so ignore dca paperwork only read/study court paperwork and keep checking MCOL

Thursday is payday will make sure donation is made to CAG funds in respect of all the help given to me

once again thanks dx

T

[dx100uk]

mcol wont change even if they did.

 

I pers would still read dca letters

 

 

 

 

[disneygirl]

oh-------- I thought something would have been posted on MCOL

ok I promise I will read DCA letters BUT ask here for advice before replying

T

[dx100uk]

Open

[disneygirl]

Thank you dx for opening thread, something I mistakenly thought was over.

After all this time paperwork from Lowell re lifting the "stay"

Please note paperwork was emailed to an account where it sat in the spam box, the only paperwork delivered by post is the last 2 items "accounts"

Lowell_merged_25062020.pdf

[dx100uk]

As post 93

[disneygirl]

Thanks dx

When I checked MCOL the other day nothing had changed since last year, unfortunately MCOL is down today will just have to keep checking

Once again many thanks

stay safe

T

[dx100uk]

On 26/11/2019 at 15:59, dx100uk said:

no the claim is not automatically lifted should the fleecers issue an N244.

 

there has to be a court hearing, which is where the notification from the court becomes important as it will detail important things the claimant and defendant must do by certain dates.

 

however...……...

it is worthy to note that many DCA's issue N244's to the defendant on stayed court claims without actually filing them to the court, hoping the defendant doesn't know otherwise and wets themselves and coughs up in panic.

 

 

^^^

 

Nothing to so with mcol..not sure why you are looking there...

 

Begging letter!!

 

Re read from your defence filing post