Lowell have discontinued, letter arrived confirming

thanks for everyones help, especially dx100uk

Mediation call done, basically they asked for payment via installments, and said the paperwork was on they way. 

I rejected their request, case going to court

Ok, didn't realise 

No other didn't unfortunately,  will that have an impact?

Defence below, currently I have not received any paperwork from Lowells:

The Defendant contends that the particulars of claim are vague and

generic in nature. The Defendant accordingly sets out its case

below and relies on CPR r 16.5 (3) in relation to any particular

allegation to which a specific response has not been made.

1. Paragraph 1 is accepted insofar that a relationship did exist

between the Defendant and Sky and BT however, I cannot recall this

account (Agreement) and the Claimant has yet to supply me with a

copy of the Account/Agreement mentioned in particulars of Claim.

2. Paragraph 2 is denied, the defendant does not recall any breach

and again the Claimant has yet to supply me with a copy of the

agreement requested through the PAPDC reply form and CPR 31.14.

The Defendant denies failing to maintain the required payments to

Sky and BT. It is denied that I have failed to respond to demands

for payment sent by the claimant and/or its agents. The Claimant

is put to strict proof that any such demands have been sent to me

by the claimant

3. The defendant did not receive and is unaware of any legal

notice of assignment or Notice of Assignment pursuant to Law and

property Act 1925 Section 136(1).

a). The Claimant admits it is the assignee of a debt, it is denied

that the Claimant has the right to lay a claim due to

contraventions of Section 136 of the Law of Property Act 1925.

4. Therefore, the defendant denies owing any money to the

Claimant and the claimant is put to strict proof:

a. Show how the Defendant has entered into an Agreement.

b. Show how the Defendant has reached the amount claimed for.

c. That Defendant failed to maintain the required payments and the

service was terminated as claimed.

5. As per Civil Procedure Rule 16.5(4) it is expected that the

Claimant prove the allegation that the money is owed; having been

provided with written requests for information under CPR 31.14 and

to date have failed to provide any such documentation as detailed

on the particulars of claim.

6. Notwithstanding the above should the alleged amount claimed

include an early termination charge(s) amounting to the entire

balance of the remaining contract. OFCOM guidance states that any

Early Termination Charge that is made up of the entire balance if

the remaining contract is unlikely to be fair as it fails to

consider the fact that the provider no longer has to provide and

pay for their service.

Credit where credit is due dx, I followed your advice and phoned them, and they informed me that they had written the alleged debt off.

Have now received a letter saying the same, which I am passing on to the land registry 

Thank you for your help 

I have a mediation session via phone on friday, 9.30am, has anyone got any experience of such a thing?

CPR compliant? Please can you elaborate?

Is there anything I can do about it?

Isnt 33 days +1 from 29th November = today?

I'll post what I filed tomorrow 

If xmas counts, then I'm within time, is this correct?

I've been able to file a defence on MCOL

theres been 3 bank holidays, maybe this will help

truth is, after the AOS, i was waiting for something in the post to confirm the next steps

ok

i thought it was working days

No I haven't done anything apart from the acknowledgement of service

i think i need to file a defence asap

Name of the Claimant ? Lowell Portfolio

Date of issue – . 29th Nov 2019

Particulars of Claim

What is the claim for – the reason they have issued the claim? 

1. the claim comprises the following agreements the defendant entered into:

a BT plc

with reference xxx and current balance of xxx

b. Sky UK limited

with reference xxxx and current balance of xxx

the agreements were terminated as payments were not maintained and subsequently assigned to the claimant.

What is the total value of the claim? 563.48

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? yes

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? no

Did you inform the claimant of your change of address? n/a

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? no

When did you enter into the original agreement before or after April 2007 ? after

Do you recall how you entered into the agreement...On line /In branch/By post ? online

Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? no

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. debt purchaser

Were you aware the account had been assigned – did you receive a Notice of Assignment? no

Did you receive a Default Notice from the original creditor? no

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? no

Why did you cease payments? accounts were closed

What was the date of your last payment? 2015

Was there a dispute with the original creditor that remains unresolved? no

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? no

Looks like Lowell have issued a court claim, which I have acknowledged. The mcol website is inviting me to offer a defence, was wondering if you guys could help me with it, or point me in the right direction?

Thanks dx, I understand. 

However what legal recourse is available to get it sorted?

I've been offered a great deal with my existing lender

On 09/10/2019 at 11:49, dx100uk said:

so definitely a restriction k then.

 

unless you are re-mortgaging with the same lender that shouldnt be an issue.

simply gets ignored.

 

cl finance still exist

Quays Reach, Carolina Way, Salford, M50 2ZY

 

 

I have written to them asking for them to confirm any financial interest in my property but they have not responded. Its been a month. Wondering what options I have now as I want this removed from my property 

Thanks dx.

I also received an information sheet which lists what documents I should request from them, including a copy of a written contract for the debt, a full statement of the account, a noa and a description of any admin charges on the account.

They've not provided any so this will be pointed out should this go to court

Hello all

I have received a letter from Lowell stating that I owe them money from an old Sky account.

I replied asking for any statements, contracts relating to the account and any NOA.

They responded with a template NOA, nothing else. 

I was wondering what the next stage is, as I see that they like to take people to court.

Text is:

Restriction: no disposition of the registered estate other than the disposition by the proprietor of any registered charge registered before the entry of this restriction is to be registered without a certificate signed by the applicant for registration or their conveyancer that written notice of the disposition was given to cl finance Ltd at Howard cohen being the person with the benefit of an interim charging order 

1 minute ago, dx100uk said:

can we have the text of the restriction EXACTLY as it is written please.

Yes I will post it later

Yes I have 

Its howard cohen.

I wrote to them last year and got no reply.

Now I need to know what to do as I am stuck on a scrappy mortgage.

I want to take court action but am not sure of the way forward 

I cant name names as it will compromise me,

I suspect the creditor has sold the debt but the new creditor doesn't have any paperwork. 

Planning to somehow get the restriction removed thru the courts, but dont know how to 

All

I have a charging restriction on my property. I wrote to the creditor who is mentioned on the land registry but got no answer back. I want to remortgage but I am stuck due to this. 

Any ideas?