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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 !!!

    We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
    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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Lowel portfolio CCJ shopdirect

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  • Lowel portfolio CCJ shopdirect

    hi, I have been a part of this forum a long time ago to find help to handle some debts when i have lost my job. Since then i managed to swing things completely around and I am more or less on a straight line. One thing I regret I have not done before is to handle my debts properly and now that I want to get a mortgage things are catching up with me. And by things I mean Lowel portfolio. I have managed to close down 2 accounts (£1600) by sending a letter saying all the accounts are statute barred but they have sent me to CCJ (County Court Business Centre with no actual stamp but a circled crown) saying I do ow them money and now am obligated to pay £50/month for a debt that is older than 6 years. Lowel portfolio is stating the case goes into default in May but they did not comply with any of the agreements what I have requested.

    the court also denies my letter I have sent to them to defend myself - which is probably my fault as I have only sent it by first class. I have just sent to them a CCA asking for the agreements and all the paperwork they referring to but am very scared. I ve gone through hell to come out this end and I dont want to lose everything again.

    ps: I have been told by a financial adviser to send a letter that states the accounts are statute barred after going through my credit record from Experian. now I dont know what to do. I would greatly appreciate any help I could get in this matter
    Tags: None

  • #2
    Re: Lowel portfolio CCJ shopdirect

    Hi eryca03

    Is there an issue date on the court claim form? If so, what is it?
    Is there an 8-character claim reference no.?
    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


    • #3
      Re: Lowel portfolio CCJ shopdirect

      I think there is Starting with DH0.... but not sure about the numbers and letters. It also states date of birth but there is no actual date of birth stated. the whole thing looks fake if am honest, but as I ve not been dealing with anything like this before I really have no idea. I am at work at the min so I ve not got it with me.

      I have sent a letter back to the court 2x stating that the account they are referring to is older than 6 years and I will need proof if I am wrong . they have said they did not received my first letter and Lowell portfolio stated that it is still valid and only goes out of date in May (they have not proved anything yet) The court basically said I will need to ask Lowell portfolio about this and I can appeal against it.

      Comment


      • #4
        Re: Lowel portfolio CCJ shopdirect

        Is there a CCJ for this ? if so writing to court will do nothing you will have to go through a set aside application this is the only way to get the CCJ removed

        Comment


        • #5
          Re: Lowel portfolio CCJ shopdirect

          Yes there is a CCJ. What is a set aside application?

          Comment


          • #6
            Re: Lowel portfolio CCJ shopdirect

            Comment


            • #7
              Re: Lowel portfolio CCJ shopdirect

              This is the ccj I have received and the letter from Lowell portfolio
              Attached Files
              Last edited by Kati; 16th March 2017, 09:24:AM.

              Comment


              • #8
                Re: Lowel portfolio CCJ shopdirect

                Can anyone help please ...

                Comment


                • #9
                  Re: Lowel portfolio CCJ shopdirect

                  I am supposed to start paying on 24th of March but I don't really want to do this unless I ll get a confirmation that I do ow the amount. Requested a CCA as I thought the account was statute barred as this is what was stated on my credit record.I could really use some help here please ��

                  Comment


                  • #10
                    Re: Lowel portfolio CCJ shopdirect

                    tagging [MENTION=87380]Diana M[/MENTION] (as she's online ) xx
                    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                    It doesn't matter where your journey begins, so long as you begin it...

                    recte agens confido

                    ~~~~~

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

                    I can be emailed if you need my help loading pictures/documents to your thread. My email address is kati@legalbeagles.info
                    But please include a link to your thread so I know who you are.

                    Specialist advice can be sought via our sister site JustBeagle

                    Comment


                    • #11
                      Re: Lowel portfolio CCJ shopdirect

                      Originally posted by eryca03 View Post
                      the court also denies my letter I have sent to them to defend myself - which is probably my fault as I have only sent it by first class.
                      Do you mean that you filed your Defence (however casual it may appeared to have been) after the court deadline?

                      If so, do you have any evidence (such as Proof of Posting from the post office) that you sent it within the deadline?

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

                      This forum’s site rules don’t 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


                      • #12
                        Re: Lowel portfolio CCJ shopdirect

                        I have basically been notified that I am going to a court and I have sent a letter to them stating that the debt they are trying to take to the court with has expired a long time ago. The court did not respond only to tell me that decision has been made and I have to pay £50/month from now on every month to Lowell portfolio. When I have replied the court said they have not received anything from me and I will have to deal with Lowell portfolio from now on. I have sent Lowell portfolio the same letter that the debt is statute barred and the answer was that it is not. No proof has been given. So I have sent a CCA around the 7th of March but so far I have not received anything. The court did say there is something I can do.

                        - - - Updated - - -

                        Oh there is no evidence of the first letter to the court as I ve sent it first class but I will double check again tomorrow to be sure.

                        Comment


                        • #13
                          Re: Lowel portfolio CCJ shopdirect

                          Yes you can make an application to set aside the judgment. Did you say the debt was statute barred in the defence the court say they didn't receive?

                          Did the court receive the defence at all ?
                          I am a solicitor who specialises in consumer credit and my firm is Joanna Connolly Solicitors. A leading case of mine Carey v HSBC Bank plc [2009] EWHC 3417 (QB) (High Court) set the legal precedents for creditors compliance with section 77 & 78 Consumer Credit Act 1974 statutory requests & enforcement of debts in court.

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

                          Any posts I make on Legal Beagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum 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


                          • #14
                            Re: Lowel portfolio CCJ shopdirect

                            Basic info on set aside - http://legalbeagles.info/forums/show...lication-notes

                            Do you have a copy of the defence letter you sent to the court and/or Lowell ? Any postage receipt at all ?
                            Forum upgrade - SUNDAY 21st JANUARY !!!

                            ďWe may not win by protesting, but if we donít protest we will lose. If we stand up to them, there is always a chance we will win.Ē Hetty Bower

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

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

                            Comment


                            • #15
                              Re: Lowel portfolio CCJ shopdirect

                              I will post the letter I have sent and see if I will have a receipt soon as I get home. I can also post Lowell portfolios answer after I have contacted them. I do appreciate your response

                              Comment

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