Lowell Claimform - 4 merged debts - 3 cat + Cap1 Card

[Cait116]

Evening guys and Happy New Year

I received a copy of Lowlife’s director’s questionnaire but haven’t received one from the court for me to complete. Should I have? 
thank you x

[dx100uk]

Quite usual for Lowell

they do this to sometimes intimidate when they've no intention of doing so

check mcol

 

 

[Cait116]

Thanks dx will do x

[Cait116]

Hi Guys

 

Still haven't received Directors Questionnaire.  Should I be concerned?

 

Thank you x

[dx100uk]

Who says Lowell did send their's to the court?

if you read like threads..you'll understand

 

Dx

[AndyOrch]

Log into MCOL and check the status of the claim...if the last entry is defence submitted......then you have no concerns.If it states DQs have been dispatched check the date.

Lowell tend to serve their copy on you before they even inform the court  they wish to proceed....in away trying to knee jerk you into panic mode.

[Cait116]

Yep just had a look Andy thank you, nothing has been dispatched yet 

22 minutes ago, dx100uk said:

Who says Lowell did send their's to the court?

if you read like threads..you'll understand

 

Dx

Okie dokie thx dx

[AndyOrch]

[Cait116]

Hi guys, I received a load of paperwork from lowlifes in the post today.

I will upload tomorrow if you don’t mind having a look I would be really grateful.  

 

One thing I don’t understand in their covering letter is quote:

“please note that under practice direction 7C 1.4 (3A) of the CPR the requirement in paragraph 7.3 of practice direction 16 for documents to be attached to the particulars of contract claims does not apply to claims issued by the county court business centre (production centre)”

 

then they go onto say in a different paragraph “it is our client’s position that the provisions of CPR 31.14 don’t apply as the claim is likely to be allocated to the small claims track”

 

Does this mean that they don’t have to produce the documents that I requested?

 

Thanks in advance for everything, been reading up dx,

I promise .  

 

Haven’t come across this one yet tho xx

[dx100uk]

well its not been allocated to anytrack nor any court, so they shouldn't be using that as a refusal to comply with your request. they ca 'think' what they like just more BS. to confuse you..

 

as for

Does this mean that they don’t have to produce the documents that I requested?

 

already commented on this in many threads...

if the claim ever gets to the disclosures stage they must include everything they intend to rely upon at the hearing as exhibits in their Witness statement as should you 14 days before the hearing date 

[Cait116]

Thx dx yes that was what was confusing me tbh, seeing as that is part of my defence (lack of default notices and other original docs). So why would they put this in a letter? Couldn’t I use it against them if it isn’t true?  Sorry for the late posts btw. I will upload all in the morning 

[dx100uk]

quite std practice. done to distract you ...from concentrating upon what you should be.

[Cait116]

Ah very true I did panic just a bit, night dx and thanks again x

[Cait116]

Hi guys,

I have uploaded the covering letter and a copy of enclosures for the Very account that I received yesterday. 

(they also enclosed a copy of the reconstituted credit agreement as before,

a summary of transactions going back 3 years

and a screen shot showing arrangement from step change debt charity and when it was returned

(I had a step change arrangement for a year). 

 

Step change cancelled my direct debits as they needed more details from me. 

 

However, at that time I was travelling to and from Ireland as my mum was very ill, she passed away a few months later and tbh I couldn't deal with it all at the time. 

 

It also shows details of when the debt was sold, when a default notice went out (which I didn't receive) and a copy of a letter (not on headed paper).  I have attached the letter.

 

I know I didn't receive a default letter or PAP letter or a Notice of Assignment.  

The debt was sold on 28th April; my last online payment to Very was made on 6th April for £30.  

 

dx, Andy, Would you guys mind having a look at the docs that i uploaded?

 

Thanks guys x

 

 

 

[dx100uk]

pg4 has your name

removed.

 

wheres all the rest of the docs?

 

dx

[Cait116]

Sorry dx, I will upload them in a bit.  I guess you don't want to see the list of transactions?  Shall I upload in one pdf? (there's 4 accounts)

Thank you x

 

oh, do you want to see the screenshots?

[dx100uk]

everything for each debt

p'haps in a pdf for each debt.

 

lets have a good laugh! 

[Cait116]

Cheers dx, could do with cheering up!

[Cait116]

 

Thanks dx

Littlewoods.pdf J D WIlliams.pdf Cap 1.pdf very.pdf

[Cait116]

Hi guys, Any advice on whether their documents will hold up in court? I don’t have a copy of Default notices and I can’t remember receiving Any. However there’s a screen shot on 2 of the SD accounts which shows that DNs were sent. Thank you x

 

Just ignore me guys, I’ve read mollywobbles posts, a screen shot shouldn’t be accepted as proof that I received a default notice.  I don’t think their ‘notice of Assignment’ is the correct format, is that correct? Getting the jitters now

[dx100uk]

be up later when I can digest it all in time.

 

but screen shots don't cut the mustard, loweells have already lost and disc'd several claims trying to use those as proof of dn's with cat debts

 

dx

[Cait116]

Aw thx dx sorry to be a pain, just reading through some others now. Much appreciated x

[dx100uk]

littlewoods - std stuff they rock out

but as you say no DN. just a screen shot.

 

 

JDW/cap1/SD

- std stuff they can download from anywhere even here and insert your details into.

why would you send the whole thing back inc your copy, when it sats sign here and keep your copy..is it dated and signed or typed? 

no Dn either.

 

 

[Cait116]

Hi guys, how long do I have to reply to the DQ? 

Sorry I don't have time to research, I've gotta get on the next flight to Ireland as dad is very ill (he has terminal cancer). 

 

I might be away for a week or so; I

checked on MCOL and typically it was sent yesterday! 

 

Hoping the post comes before I leave but if not what should I do? 

 

Thanks so much for everything so far dx, Andy & Bazooka x

 

Got it!

 

It's gotta be sent back by 3rd Feb so I've got plenty of time. 

 

Sorry for being a pain xx

 

[dx100uk]

Hey not sweat

We have your 6 on this