Lowell claimform - old morses club doorstep Loan

[Andyorch 10,549]

Nothing.... let them proceed to allocation....is everything else in order.....Default Notice ?

[dave466 51]

I have not got a copy of the default notice mate, it just says in that letter that 

 

The original creditor has confirmed that the default notice was sent to you on 2 june 2019.

 

Regards.

[Andyorch 10,549]

Then they will have to evidence so....some judges are quite keen on this point some not so you take your chances.

 

Read the following....take note of the process after submitting a defence.

 

https://www.consumeractiongroup.co.uk/topic/417987-idem-pap-loc-now-claimform-1995-mbna-card-debt-claim-dismissed/page/5/#comme

 

https://www.consumeractiongroup.co.uk/topic/419797-lowell-claimform-old-vanquis-credit-card-claim-dismissed/page/4/#comments

 

[dx100uk 9,652]

what puzzles me is the sale of thid debt so quickly by the OC.

something must be wrong but i haven't spotted it yet...

 

and you never contacted the rep or morses with regard to payment issues?

[dave466 51]

Will do andy.

 

Yeah dx I had spoken to the agent hence the lower amounts being credited.

 

I couldn't really afford the loan in the first place and shouldbt have taken it out and only made the 2 full payments required before I couldn't afford to anymore.  

[dx100uk 9,652]

so morses know full well they could be subject to an irresponsible lending claim.

get the court case out the way

- seems like you have a good few loans in the past that might fall under IRL claims?

[dave466 51]

Apolagies dx I thought I had replied to you.

 

Yes agent knew I was struggling hence the low payments.

 

I have today received a letter from lowell and I am going to assume from the wording that they dont have the default notice.

 

Letter is as follows and also includes another copy of transactions and also credit agreement.

 

" We refer to the above matter in which we act for the claimant.

 

Further to the contents of your letter and your defence we note you have pleaded an entirely technical defence in which you admit to entering the agreement.

 

We note that you deny paragraph 2 of the particulars of claim and allege you were not served with a default notice. The particulars of claim does not mention a default notice and only a termination of the agreement. It is quite clear from the terms and conditions you agreed to maintain the payment schedule of the loan.

 

As can be seen from the statement of transactions from the 26th january 2019 you were making repayments under that amount specified in the agreement. You were therefore in breach of the agreement at that point.

 

It is also noted that your agreement is a fixed term loan which, if you made the required payments, would have ended on or around march 2019. As you failed to comply with the fixed term the sums that you had not paid became due at the end of the fixed term loan period.

 

Morses therefore had no reason to recall the sums early as you were to have repaid the sums as per the loan agreement. Therefore, any service of a default notice pursuant to s.77 of the consumer credit act  1974 would not be required  morses have however have confirmed one was sent to you on 2nd june 2019 after your final payment on 27th march 2019 in the sum of £5.

 

We note your request prior to filing your defence documents relating to this matter. It must be noted however our client has been attempting to contact you since the matter was assigned on 5th September 2019.

 

Our client wishes to settle this matter without further increase to the balance as a result of legal proceedings continuing. You will note the assigned balance of £715 has increased due to the claim being issued.

 

We invite you to contact our offices with realistic offers of settlement. Our client is willing to accept a one off payment in the sum of £650 which can be paid by one or 2 installments. Once payments have cleared the court will be notified proceedings have concluded and your account will be closed.

 

Please note if the matter proceeds and further costs are incurred our client will seek to recover them from you. We look forward to hearing from you.

 

Lowell

[dx100uk 9,652]

aw how nice of them, they offer a discount of the speculative court fees...

wriggle wriggle little lowells

 

dx

 

[dave466 51]

The balance is currently £900 mate thats with the current court costs of issuing proceedings 

[parity4all 53]

On 29/09/2020 at 23:06, dave466 said:

Hope that's ok for you I always struggle with this as only have my phone. 

 

Regards.

22dbf61f_443d_4dcb_bd7c_aba647476df9.pdf 3.79 MB · 3 downloads

433.45% APR. Is that legal?
 

[Andyorch 10,549]

Suppose so if you have accepted and agreed to the terms and conditions.

[dx100uk 9,652]

thats tame too

some of the provi doorstep loans were +1500% 

[dave466 51]

Received a letter from lowell today with a copy of the directions questionnaire.

 

So I assume.e just await my copy from the courts. 

 

Thanks.

[Andyorch 10,549]

 

 

You could complete the above and have it ready for when you get your submission date.

[dave466 51]

Will do thanks Andy. 

[dave466 51]

I have just reveieved this text messages tonight.

 

Small Claims Mediation Service: Telephone Mediation 2021-02-03 from 09:30 - 12:30. If you can't answer YES to all statements, mediation is NOT suitable for your case and you must contact us to cancel

 

Regards

[dx100uk 9,652]

well if you are still missing documents...to make an informed decision to enter into mediation....

[dave466 51]

So would I need to cancel the Mediation?

 

[dx100uk 9,652]

4 hours ago, dave466 said:

If you can't answer YES to all statements, mediation is NOT suitable for your case and you must contact us to cancel

 

don't know how long that statement has been said by them..

 

i'm not really sure if since covid or if any changes might have been bought in, that the mediation service now has more 'customers' and more emphasis on them trying to settle cases puts them under anymore pressure to ease the courts load...

 

 but typically we advise to let the mediation process run until the day of the call when the same statements are asked,  thus showing you have been willing to give the claimant as much time as possible to give you all the information to make an informed decision to enter into the process or not, then to say no if they haven't

 

[dave466 51]

So I am expecting the call today between 8.30 and 12.30 from Mediation. I am still yet to receive a copy of the default notice. 

 

Regards.

 

Lowell have said they have sent me a screenshot of the default notice which I said I havnt received. 

The mediator has said he's going to get them to email me a copy?? And he will call back in 5min.

 

What do I do now?

 

Thanks

[Andyorch 10,549]

Wait for the screen shot.......check its validity.....or post it here for opinion....and advise the mediator that your seeking advice and will have to adjourn the mediation till a later date ?

[dave466 51]

This is what they have sent.

 

It's just a screenshot of their computer with a file saying letter sent, not an actual default notice. 

 

U told the mediator that it was not an acceptable default notice what they have sent.

 

He said that lowel have stated that as per terms and conditions the default is automatic as its a fixed term agreement and its in the t and cs.

They also stated that they have won many cases along these lines.

 

The mediator then said that he will pass the case to the courts.

default note.pdf

[Andyorch 10,549]

   Whats that suppose to be.....does it look like a default notice issued pursuant to section 87(1) of the CCA1974 ?  

[dave466 51]

Exactly mate that's what I told mediator and he went back to lowell and they said that because the t and cs stated it would default automatically on missed payments etc.

 

I told him I needed the propper default notice before I could think about Mediation so he said he would have to send it to the courts.

[Andyorch 10,549]

Let it proceed to court