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My wife received a CCJ from Lowell for a home loan of 2012. The name is wrong.

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  • #16
    Re: My wife received a CCJ from Lowell for a home loan of 2012. The name is wrong.

    Originally posted by warwick65 View Post
    If the claim was dated 11th November you have until 14th Dec and not tomorrow. the timescale is 33 days ( 28 days + 5 for posting)

    I'm sure someone will pop in to help

    have you drafted a defence yourself that can be looked at?

    Just for clarity , the date I gave is ONLY if the date of the claim form was 11th November
    Hi thanks for reply.

    The date on court letter is 6th November. So I think the last day is tomorrow.
    I havenít made any example defence as I am not sure what to write. As the solicitor letter offered me to extend time if I needed it. So what should I mention.

    Comment


    • #17
      Re: My wife received a CCJ from Lowell for a home loan of 2012. The name is wrong.

      There is an example defence at the top of the page but without knowing what documents you have requested and from whom it is impossible to say.

      Did you send a cca request with the fee to the claimant?
      Did you send a cpr31. 14 request to the solicitor and if so what did you ask for.

      Sorry I misread your first post however 33 days from 6th is 9th Dec which I think is Saturday so you have until 4pm on the Monday to file a defence.

      I imagine you will be saying no default notice. No assignment and non compliance with s 77(1) and therefore s77(4) applies. Points covered in the template defence above
      Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
      I have no formal legal training
      Any advice is offered without liability
      If in doubt take professional legal advice or contact the CAB

      Comment


      • #18
        Re: My wife received a CCJ from Lowell for a home loan of 2012. The name is wrong.

        Originally posted by Yasifsadi View Post
        The claim aim is against my wife.

        . . . . The lian was from Provident.
        Lian (did you mean lien?)

        Was/is this a secured loan?

        Di
        I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit.

        This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


        Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

        Comment


        • #19
          Re: My wife received a CCJ from Lowell for a home loan of 2012. The name is wrong.

          hi
          Please check the defence which i am submitting today. thanks

          1. I received the claim xxxxxxxxxxxx from the Northampton County Court on 06 November 2017.
          2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
          3. This claim appears to be for a Loan agreement regulated under the Consumer Credit Act 1974.
          4. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
          5. The Claimant’s Particulars of Claim fail to state when the agreement was entered into.
          6. The Claimants statement of case states that the account was assigned from Provident Personal Credit Ltd to Lowell Portfolio Ltd on 29 August 2014. The Defendant does not recall receiving notice of this assignment.
          7. It is denied that Provident Personal Credit Ltd served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.
          8. On the 20th November 2017 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Cohen Cramer Solicitors. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.
          9. Cohen Cramer Solicitors has not sent any of these documents to me.
          10. On the 20th November 2017 I sent a formal request for a copy of the original agreement to Lowell Portfolio Ltd pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.
          11. The Claimant has failed to comply with s77 (1) Consumer Credit Act 1974 and by virtue of s77 (4) Consumer Credit Act 1974 cannot enforce the agreement.
          12. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
          13. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.
          14. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.
          15. It is denied that the Claimant is entitled to the relief as claimed or at all.

          Statement of Truth
          The Defendant believes that the facts stated in this Defence are true.
          Signed ________________________________
          Dated ________________________________
          Last edited by Amethyst; 11th December 2017, 09:44:AM. Reason: removed attachment and pasted relevant text

          Comment


          • #20
            Re: My wife received a CCJ from Lowell for a home loan of 2012. The name is wrong.

            Originally posted by Yasifsadi View Post
            hi
            Please check the defence which i am submitting today. thanks
            Remove Claim Number please.

            nem
            Last edited by Amethyst; 11th December 2017, 09:45:AM.
            The advice I give and draft letters provided are drawn from personal experience and career training and are given freely and without liability.

            Please make your own decisions with care and if necessary seek qualified legal advice. I will not advise by private message. If you'd like me to look at your post please tag me in your post by typing @nemesis45;.

            If you receive messages from anyone offering advice for a fee please report it to the site team.


            Animo et fide.

            Comment


            • #21
              Re: My wife received a CCJ from Lowell for a home loan of 2012. The name is wrong.

              That looks absolutely fine.

              ( I've removed the attachment as you'd left claim no and full name on it )
              Common Sense .... if in doubt, use it !

              “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

              Find Solicitors offering fixed fees on our sister site - JustBeagle.com

              Comment


              • #22
                Re: My wife received a CCJ from Lowell for a home loan of 2012. The name is wrong.

                Originally posted by Yasifsadi View Post
                Please check the defence which i am submitting today
                I would also ask your wife to check her Defence and make sure she understands everything because she will be signing and swearing the Statement of Truth, and may have to argue the contents in court since it's her claim.

                Di
                I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit.

                This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


                Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                Comment

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                SHORTCUTS

                Pre-Action Letters
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                Check your dates
                Acknowledge a Claim
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                Acknowledge Claim - within 14 days from Service

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