Lowell/Overdales letter of claim now claimform - 2 CAT debts JDW + Studio ***Settled at Mediation ADR***

[StretfordEnd]

Thankyou ever so much, I’ve been stressing so much about this and getting it done in time. I’ll go on MCOL before Friday and file my defence. 

[AndyOrch]

Do it now nothing is going to change from now till then.....save yourself a week of further stress

[StretfordEnd]

Thankyou for all of your help so far, Defence has been submitted - now the sitting and waiting begins. After reading other posts on the Lowell threads i can see that its likely for me to receive an expenditure letter next from court/overdales. I also am awaiting the CCA request and CPR31 request.

[dx100uk]

expenditure letter??? who from?

 

dx

 

[StretfordEnd]

I meant directions form, god knows why i typed expenditure 

[dx100uk]

n180 DQ..... they have 1 cal month or it gets autostayed but remember there are always delays so dont start cheering till double that time.

 

mcol status will advise online when/if they've been sent out, but be aware lowells will send their early with a letter too designed to intimidate and harass. go read about 20-30 lowell claimform threads.

 

dx

 

[StretfordEnd]

I’ve already read on the threads Lowell get in there first to intimidate, so when I receive one because I’m in no doubt that I will do I ignore until I receive one from the courts? 
 

[dx100uk]

which should correspond with DQ being sent out in MCOL status.

 

good work

 

dx

 

[StretfordEnd]

I’ve been having a good read of all the Lowell court claims, so hopefully I know what to do next without panicking. 

[StretfordEnd]

Guess who I have missed calls from??

[dx100uk]

as they do.. NEVER EVER discuss anything to with any debt on the phone to anyone esp a scamming DCA ...they lie.

 

[StretfordEnd]

I have no intention of speaking them! Anything they want to say they can put in writing to me. 

[StretfordEnd]

I have a reply from Overdales with reference to CPR 31.14

 

We note you mention a copy of the full agreement was not sent to you. Please find enclosed a copy of the reconstituted agreement which is also enforceable and adequate to evidence at the hearing should the matter proceed to one. The reconstituted agreement is identical to the agreement that would have originally been signed.

 

The assignor has also provided a transactional statement which provides a breakdown of all purchases and payments made. A copy of this has also been enclosed for your review. 
 

The assignor did not retain a copy of the Default Notice however did provide a screen print of the computerised system which evidences the Default Notice was sent to you on XX/Xx/2020. A copy of this is enclosed for your review.

 

Due to the outstanding balance not being paid, the debt was legally assigned to our client pursuant to Section 136 of the Law of Property Act 1925. Please find enclosed copies of the Notices of Assignment.

 

Our client has been instructed that the agreement was entered into on XX/XX/2019. The assignor has informed our client that the last payment of £XX.00 was received XX/XX/2020 and no further payments were received.

 

From the information provided to our client in good faith and the interna checks previously conducted, our client remains confident that you are liable at the time of the claim being issued. Our client became entitled to add interest in the sum of XX.XX to the claim amount. You also became liable to pay the claim issue fee of £80.00 and fixed costs for issuing the claim of £80.00. The total amount due under this claim therefore stands at £XXXX.XX

 

Settlement proposal

Nonetheless, our client remains willing to  reach an amicable solution by agreeing a settlement proposal, favourable to both parties by avoiding further costs and fees. Our client is willing to accept,

 

A LUMP some of £XXXX.XX

Or two payments of £XXX.XX

Alternatively please respond to this email with any settlement proposals you may have.

 

Should we fail to hear from you within the time specified above we have been instructed to proceed with this litigation activity.

 

You may seek independent legal advice from your local Citizens Advice Bureau or a firm of solicitors of your choosing. 

 

[lee19921992]

please scan the docs up in pdf

 

no default notice is fatal....

Edited January 29, 2023 by lee19921992

[StretfordEnd]

The docs they have sent are identical to what I have already received and posted on here, I will upload again though if you needed 

[lee19921992]

ok, can you scan the default notice part which they say they have enclosed a copy of

[dx100uk]

std letter everyone gets on every lowell claimform thread.

 

designed to intimidate and harass people as you pointed too earlier

 

 

[StretfordEnd]

Default-compressed.pdf

[lee19921992]

That's not a default notice. It says they have attached a screenshot from computer operating system?

[StretfordEnd]

That’s it on the back of that there is a screenshot of what looks like some

kd of excel spreadsheet that has dates on it and has a cell highlighted that says default letter and the date. 

[lee19921992]

No problem, crap CCA, no default notice..onto a beating in court the fleecers...if it ever gets that far

[StretfordEnd]

I think it probably will go that far but that’s their copy of DN 

Photo spreadsheet .pdf

[lee19921992]

Maybe..I have dealt with Lowell previously and they discontinued and ran away for the no paperwork.. when's your WS due?

 

Edited January 29, 2023 by lee19921992

[StretfordEnd]

Defence was in for 20th Jan 

[lee19921992]

Ok I jumped a head then. Yeah await court directions