Lowell Court Claim - Former Tesco CC

by HuManChu Sat Nov 16, 2019 4:07 pm

Very similiar to this topic: https://goodf.forumotion.com/t2534-tesco-credit-card-lowells

I have not made any payments or responded as yet, I would like to employ the 3 letter protocol. However, I read somewhere that the process is different if I have received a court claim form (I received one today).

Please, can someone clarify if the 3 letter is still an option for me?

by **Mrblue2015** Sat Nov 16, 2019 5:59 pm

Thanks for creating a new post Smile

Someone should be on hand to help you shortly who specialises in court claims.

(You’re correct, as in you’re past the standard 3 letter process now)

by HuManChu Sat Nov 16, 2019 6:26 pm

Thank you Mrblue. As long as its not too late to do something at all, then I'm happy.

by HuManChu Sat Nov 16, 2019 8:40 pm

I have found this thread (and others) quite useful https://goodf.forumotion.com/t1634-court-claim-form-through-from-lowell?highlight=lowell

I'd just really like to know how much of a disadvantage I am at considering that I am only now attempting to deal with the issue, and not before receiving the claim form.

I very much appreciate anyone's input here if they think it might help.

by waylander62 Sat Nov 16, 2019 10:17 pm

now you have received a claim form then it is a whole new ball game

a number of questions

i) what do you intend to do ? defend the claim as a whole?
ii) what is the date on the claim form ?
iii) what year did you take out the agreement ?
iv) did you receive a letter before action ? likely from lowell solicitors
v) have you requested any documents from them ?
vi) have you received any documents from them ?

time is very much of the essence now or you will lose by default

by HuManChu Sat Nov 16, 2019 10:40 pm

Hi waylander, I'm at step one,

-I'm not in a position to pay
-the letter is dated 14/11, agreement was 2014
-I wouldn't suprised if they have sent me one a letter before action, I can not confirm as yet
-I have requested nothing from them so far

I'll defend it if I have a leg to stand on (?). Not sure otherwise, maybe a DRO is my only other logical option.

Thank you for taking your time to assist me.

by waylander62 Sat Nov 16, 2019 11:41 pm

difficult to say if you have a leg to stand on

a DRO is unlikely now as it is before the courts your only option is to offer to pay it this will result in mediation and you will likely have to submit a full income and expenditure form

you must decide whether or not you wish to try and fight it, you always have the option of mediation further down the line but because you have done nothing you dont know what documents they have to prove their claim.

if i were you i would in the first instance acknowledge service of the claim and opt to defend in full.
secondly i would send off a CCA request to lowell
thirdly i would send a SAR to the original creditor

all of these i would do immediately.

then you need to send them a part 18 request for further information, then start planning a defence.

you need to check ALL of the paperwork that you have for this asap.

when did you default on this account ? is it for a credit card ?

by HuManChu Sun Nov 17, 2019 12:20 am

I think fighting it is my best option. I'm going to follow your advice to the letter. I didn't know that about a DRO that's a shame.

What might be my case (any case) for defending this? Just to hope they haven't got good paperwork, and go on with that assumption?

-I stopped paying maybe 3 years ago, debt was passed on to Lowell last year.
-Yes CC, unsecured.

I kind of just put it to the back of my mind and hoped it would go away. Not the best the thing I could have done I realise that now, at least this may all make for a good test case for any else like me.

Thanks a million,

by waylander62 Sun Nov 17, 2019 9:26 am

keep updating that is important

we need to know what you have done, check to see if you received a letter before action

also their particulars of claim is very important as this is what they are claiming to the judge to be true

by HuManChu Sun Nov 17, 2019 1:57 pm

Hi waylander,

I have recovered the letter before action (middle of september

). I'm preparing the letters, ready to send recorded delivery tomorrow.

The particuliars are here:
https://i.servimg.com/u/f20/20/13/60/82/part10.png
*Apologies for the poor picture quality.

Any further assistance you can offer me, I'm all ears.

Thanks again.

by HuManChu Sun Nov 17, 2019 3:29 pm

Just double checked, so the letter for the court claim has not been sent to me after 30 days, it will be 30 days from this Tuesday. If I make a same day recorded delivery tomorrow, for the CCA request, this should still be considered timely?

Please let me know what you think.

by HuManChu Sun Nov 17, 2019 5:19 pm

Just one more question for the moment. Can fill in the claim form tick the intention to defend against it. But leave the details/ defence blank for the time being? Or should at least put something in the box?

by waylander62 Sun Nov 17, 2019 10:55 pm

ok let me break this down,

the letter before action was sent on x date and should allow you 30 days to respond ? but the claim was issued before the time allowed ? is this correct ? if yes then please fill in the necessary form and request documentation that you are entitled to

send a CCA request and also a further letter requesting documents mentioned in their particulars of claim ie:

termination notice, notice of assignment, deed of assignment and also statements showing how the sum claimed has become due. there should be forms that accompanied the letter before action that they should have sent fill in just the one that says you need further information and simply write see separate letters.

do this as a matter of urgency.

---------------------------------------------------------------------------------------------------------------------------------
acknowledge online if you can, just tick the box where you intend to defend all of the claim DO NOT put anything in the defence box the defence will be submitted at a later date, if they have broken protocol then that will be in your defence.

---------------------------------------------------------------------------------------------------------------------------------

i can read the particulars ok and what i find interesting is that there is no cause of action (lol)

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by HuManChu Mon Nov 18, 2019 2:42 am

Hi waylander,

I'm sorry I've been quite mistaken. I have my dates mixed up, the letter before action is nearly 2 months from the court claim letter (I still think were in October, how silly).

I guess that doesn't put me in the best position then. I will send all of the letters first thing in the morning as mentioned before. Including, the additional letter for further information (hopefully its not too late for that one?).

I wish I could have given you more to work with, and started this process sooner. I'm very grateful for your support in any case.

by waylander62 Mon Nov 18, 2019 12:35 pm

send a CCA request but not the other part

a request for further documentation needs to be sent as a part 18 request for further information.

send the CCA request and a SAR to tesco then come back to us.

yes you have screwed up a little here but this thread is a warning for others DONT IGNORE LETTERS[/size]

by HuManChu Mon Nov 18, 2019 12:58 pm

Hi waylander,

Thanks for confirming. I didn't send a request for further information as I couldn't find an appropriate template (just as well). The CCA request and the SAR have both been sent to their respective destinations, via next day recorded delivery.

I will be going on to the moneyclaim website shortly...

by waylander62 Mon Nov 18, 2019 1:05 pm

ok once you have sent CCA, SAR and acknowledged service we must then take the next step.

this will be a request for documents as a part 18 request.

do you have any old statements yourself ? that you can check ? or any old paperwork ?

by HuManChu Mon Nov 18, 2019 1:48 pm

I've got lots of letters, there may be something useful in the box. Original agreements and such possibly not.

I should receive confirmation on the letters tomorrow...

by waylander62 Mon Nov 18, 2019 1:51 pm

get the box out it could hold some key evidence look for :

old statements and check each one for any insurance or protection payments
any agreement
a default notice
a termination notice stating that they are terminating your account.
any notice of assignment.

by HuManChu Wed Nov 20, 2019 6:14 pm

Hi waylander, my search hasnt turned up any more useful paperwork as yet, but I wouldn't necessarily expect that to mean I haven't received them. The papers are just quite disorderly. I don't think there was any ppi.

I can confirm the CCA and DRO have both been received respectively. Please could you be so kind as to help me draft the Part 18 request at your leisure.

Best regards
AR

by waylander62 Wed Nov 20, 2019 11:08 pm

first question is what do you mean by DRO ?

2nd question have you acknowledged service ?

i will try and help with the part 18 request

by mongoose Thu Nov 21, 2019 12:33 am

Just been reading this post. Waylander you mentioned a DRO in several posts above dated Sat Nov 16, 2019 11:41 pm #26002

by HuManChu Thu Nov 21, 2019 9:30 am

Hi waylander,

I'm a bit ill at the moment sorry for the slow reply. I meant the SAR not DRO.

*Mongoose DRO is something else entirely.

I haven't acknowledged the claim yet, I hope that's ok there is 14 days to do that right?

by waylander62 Thu Nov 21, 2019 10:05 am

mongoose wrote:Just been reading this post. Waylander you mentioned a DRO in several posts above dated Sat Nov 16, 2019 11:41 pm #26002

???????? i mentioned a DRO once throughout the thread ? stating that this would not help now it is before the courts ? ( unless you want to pay the debt in full over time but still an unlikely way to come to an agreement ) the original poster mentions a DRO as now being done !!?? you cant set up a DRO overnight as this makes no sense so am asking what they mean by a DRO since the option was to defend the claim ? you cant defend a claim and enter a DRO !!

it makes no sense !?

please explain what your post means ?

by waylander62 Thu Nov 21, 2019 10:11 am

HuManChu wrote:Hi waylander,

I'm a bit ill at the moment sorry for the slow reply. I meant the SAR not DRO.

*Mongoose DRO is something else entirely.

I haven't acknowledged the claim yet, I hope that's ok there is 14 days to do that right?

Ok no worries i understand now it was just a typo.

acknowledging service is important as you only get so long to do it, if it is not done 19 days after the date on the claim form then you will lose by default just remember that.

so you are on track, next is the need for a part 18 request.

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