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  • GUIDES & LETTERS

    Shortcuts for Consumer Credit Court Claims.

    Check your dates || PRE-ACTION || First Steps || Acknowledge a Claim || Guides || Example Defence || CCA Request Letter || CPR 31.14 Request Letter || Set Aside Application || Subject Access Request Letter

    If you received a court claim and want to start a new thread in this forum please read THIS POST about your first steps and make a new thread in the forum using THIS FORM.

    PLEASE DO NOT SEND THINGS WITHOUT READING THEM FIRST. IF YOU DO NOT UNDERSTAND SOMETHING - ASK !! - We LIKE QUESTIONS !!!

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    If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.

    NOTE: If you receive a court claim note these dates in your calendar ...
    Acknowledge Claim - within 14 days from Service
    Defend Claim - within 28 days from Service (IF you acknowledged in time)
    If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.

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Lowell Portfolio v Deeb

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  • Lowell Portfolio v Deeb

    Issue Date: 25/02/2017
    Amount approx: £1000
    Claimant: Lowell Portfolio
    Solicitor: Lowell Solicitors
    Original Creditor: Next
    Particulars of Claim: 1. The Defendant entered into a Consumer Credit Act 1974 regulated agreement with Next under account reference XXXXXXXX ('the Agreement') 2. The defendant failed to maintain the required payments and a default notice was served and not complied with 3. The Agreement was later assigned to the Claimant on xx/xx/2013 and notice given to the defendant. 4. Despite repeated requests for payment the sum of £XXremains due and outstanding. And the Claimant claims a) the said sum of £xx b) interest pursuant to S69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.191, but limited to one year, being £xx c) Costs
    Is the debt Statute Barred? No (Default date Sept 2011)
    List any letters you have sent: CCA & CPA
    Any Other Info: Received a response from Lowell Solicitors confirming my request and noting my intention to defend the claim. 'The account will be placed on hold until we have received the requested agreement and default notice from Next. We enclose the letter of assignment for your perusal. The Deed of Assignment will not be sent to you as it is a confidential agreement between our client and the original creditor containing information you are not entitled to see'.


    What do I need to do now please?
    Tags: None

  • #2
    Re: Lowell Portfolio v Deeb

    First Steps |||

    on hold rubbish ignore their comment they hope you believe them and they gate CCJ by default, the court rules not lowells

    Comment


    • #3
      Re: Lowell Portfolio v Deeb

      Originally posted by MIKE770 View Post
      First Steps | CCA Request ||

      on hold rubbish ignore their comment they hope you believe them and they gate CCJ by default, the court rules not lowells
      Thanks for replying. What do I need to do now then please, do I give them 14 days to produce the CCA?

      Comment


      • #4
        Re: Lowell Portfolio v Deeb

        CPR 31.14 Request have you sent and have you read getting started and acknowledged claim on line and state defend all?

        you seem to have already asked for cca1974 with £1.00 postal order? if so the ball is in their court and you ignore the on hold nonsense the court timetable runs not their s

        Comment


        • #5
          Re: Lowell Portfolio v Deeb

          yes, done that

          Comment


          • #6
            Re: Lowell Portfolio v Deeb

            o.k. then if you acknowledged on line and stated defend all, need to start thinking about your defence , [MENTION=87380]Diana M[/MENTION] and others may be able to advise.

            - - - Updated - - -

            Defence Example | but wait to send off till the day before due could post on here once done for comments amendments etc. also give more detail to the alledged debt so people can get better situation of the case details.

            Comment


            • #7
              Re: Lowell Portfolio v Deeb

              Thank you.

              Comment


              • #8
                Re: Lowell Portfolio v Deeb

                Thanks so much, the example looks great!

                Comment


                • #9
                  Re: Lowell Portfolio v Deeb

                  you will be able to amend it to suit your case others will advise I am sure

                  - - - Updated - - -
                  [MENTION=1937]nemisis[/MENTION]

                  Comment


                  • #10
                    Re: Lowell Portfolio v Deeb

                    It is usually a good idea to SAR the original creditor asap for all data held by them.

                    Data Controller: Next Retail Limited
                    Address:
                    Desford Road
                    Enderby
                    Leicester
                    LE19 4AT
                    CAVEAT LECTOR

                    This is only my opinion - "
                    Opinions are made to be changed --or how is truth to be got at?" (Byron)

                    You and I do not see things as they are. We see things as we are.
                    Cohen, Herb

                    There is danger when a man throws his tongue into high gear before he
                    gets his brain a-going.
                    Phelps, C. C.

                    "They couldn't hit an elephant at this distance!"
                    The last words of John Sedgwick

                    Comment


                    • #11
                      Re: Lowell Portfolio v Deeb

                      Hi, I'm getting a bit confused! Lowell still haven't sent me the documents I requested. The only correspondence I've had from them was the letter dated 9th of March stating that the account is on hold until they get the original documents from Next. The issue date of the court claim was 27th of Feb - do I need to contact the court to tell them what Lowell have said? I don't need to prepare a defence do I, if Lowells haven't produced the documents?

                      Comment


                      • #12
                        Re: Lowell Portfolio v Deeb

                        Don't believe a word Lowell says
                        You must get your defence in which is due 33 days after the date of claim which I make 1st April which is i think a sat so by 4pm Friday 31st
                        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


                        • #13
                          Re: Lowell Portfolio v Deeb

                          Is my defence the fact that Lowell have not produced any documentation?

                          Comment


                          • #14
                            Re: Lowell Portfolio v Deeb

                            I think you were linked to some sample defences so yes
                            that and they haven't produced the DN or NOA

                            Use words like I do not recall receiving etc , I am not a big fan of telling outright lies. Obviously if you have kept every letter they have ever sent you that is a different ball game
                            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


                            • #15
                              Re: Lowell Portfolio v Deeb

                              Still not heard from Lowell so sending my defence to the court tomorrow.
                              Last edited by Deeb; 23rd March 2017, 21:15:PM.

                              Comment

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