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Setting aside a CCJ - Lowell

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  • #16
    Re: Court Claim form Lowell Solicitors

    you now have to set out a clear defence now

    Comment


    • #17
      Re: Court Claim form Lowell Solicitors

      So what would be my defence?

      Comment


      • #18
        Re: Court Claim form Lowell Solicitors

        PM nemisis45 ask him to help you!

        Comment


        • #19
          Re: Court Claim form Lowell Solicitors

          Originally posted by MIKE770 View Post
          PM nemisis45 ask him to help you!
          Or
          just tag Nem into the post.

          Ideally advice by PM should be avoided, that being said theres nothing wrong with PM'ing a member and asking them to advise on the thread
          I work for QualitySolicitors Howlett Clarke in the Consumer Credit Department. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. 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.

          I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.



          You can also follow my blog on consumer credit here.

          Comment


          • #20
            Re: Court Claim form Lowell Solicitors

            Originally posted by Madcookie View Post
            Hi again,

            I've attached the order from the court that came through last week, seemed to take an age but its here now. Ive sent the CPR and SAR (although i didnt add a £10 PO to the SAR so not sure what will happen with that?)

            Our defence has to be in by Monday but just realised this is a bank holiday so will post it on Wednesday. But i still don't know what our defence is? can you help me with that please?

            As it stands we still have no idea what the amount is for, other than something from lloyds. We do know that she hasn't had an account with Lloyds since 2007/2008 though and has made no payments of any kind to them in the time since. does this mean we could argue it is statue barred? even though they originally filled the CCJ in 2014 so may not have been at that time? although it could have if it was 2007, but with no info we do not know. If this is the case what do we put in as our judgement?

            Can anyone get the particulars of this case? we were hoping for more info from the courts but didn't get them either.

            Kind regards

            Anthony
            Hello Madcookie

            This thread was started by Mossip for a claim which was received yesterday.

            Do you have a thread elsewhere on the forum for your claim?

            Is it this one here > http://legalbeagles.info/forums/show...567#post718567

            If so I'll ask [MENTION=49370]Kati[/MENTION] to move your posts across so you'll get the help you need with this set-aside.

            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


            • #21
              Re: Court Claim form Lowell Solicitors

              Originally posted by pt2537 View Post
              Or
              just tag Nem into the post.

              Ideally advice by PM should be avoided, that being said theres nothing wrong with PM'ing a member and asking them to advise on the thread
              Goodluck!

              Comment


              • #22
                Re: Setting aside a CCJ - Lowell

                Hello Madcookie

                I see you've posted on another thread tonight but maybe those posts belong on this thread?

                Originally posted by Madcookie View Post
                Hi again,

                I've attached the order from the court that came through last week, seemed to take an age but its here now. Ive sent the CPR and SAR (although i didnt add a £10 PO to the SAR so not sure what will happen with that?)

                Our defence has to be in by Monday but just realised this is a bank holiday so will post it on Wednesday. But i still don't know what our defence is? can you help me with that please?

                As it stands we still have no idea what the amount is for, other than something from lloyds. We do know that she hasn't had an account with Lloyds since 2007/2008 though and has made no payments of any kind to them in the time since. does this mean we could argue it is statue barred? even though they originally filled the CCJ in 2014 so may not have been at that time? although it could have if it was 2007, but with no info we do not know. If this is the case what do we put in as our judgement?

                Can anyone get the particulars of this case? we were hoping for more info from the courts but didn't get them either.

                Kind regards

                Anthony
                Originally posted by Madcookie View Post
                So what would be my defence?
                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


                • #23
                  Re: Setting aside a CCJ - Lowell

                  Did you file a Draft Defence with your set aside application (sorry I've not read through your thread in any detail)?

                  I can't see the Particulars of Claim posted anywhere but since your Defence will be a 'reaction' to those it may help to post/type them up removing any information which could identify you/her.

                  You don't seem certain that this was an overdraft but perhaps the POC will clarify things.

                  If it isn't/wasn't then send a s. 77-79 CCA Request to Lowells now that the CCJ has been set aside so they can't say a CCA Request is not applicable.

                  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


                  • #24
                    Re: Setting aside a CCJ - Lowell

                    After reading your post on another thread (which I re-posted in post # 15 on this thread) it seems you may not have obtained a copy of the original POC yet. Is that correct?

                    If so then you need to get them from the court.

                    The CCJ was in 2014 so they should be on file 'somewhere'.

                    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


                    • #25
                      Re: Court Claim form Lowell Solicitors

                      Originally posted by pt2537 View Post
                      Or
                      just tag Nem into the post.

                      Ideally advice by PM should be avoided, that being said theres nothing wrong with PM'ing a member and asking them to advise on the thread
                      Or tag any of the Authorised Representatives who specialise in the Consumer Credit Act asking them to advise on the thread such as @pt2537 @Joanna C @Diana M and [MENTION=100400]ChrisC.[/MENTION] etc.

                      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


                      • #26
                        Re: Court Claim form Lowell Solicitors

                        Originally posted by pt2537 View Post
                        Or
                        just tag Nem into the post.

                        Ideally advice by PM should be avoided, that being said theres nothing wrong with PM'ing a member and asking them to advise on the thread
                        = Exactly the suggestion

                        Comment


                        • #27
                          Re: Setting aside a CCJ - Lowell

                          Hi all, Thanks for the advice, not sure how i ended up on another post, but thanks for re-arranging it!

                          I'll try and clear a few things up here and if @nemisis45 @pt2537 @joanna c @Diana M @Chrisc @Amethyst could help that would be massively appreciated. This is all overwhelming so please forgive me if i ask you to explain further.


                          We have no POC all we know is that a CCJ was issued in august 2014 for a debt possibly 2007 or as late as 2008.

                          The original creditor was lloyds. This was transferred to Lowell portfolio 1 who applied for the ccj and won by default. we only found out about this in 2016 when a letter came through the door asking for payment of £1200. after realising what had happened we applied to have the ccj set aside as no notifications/letters had been sent to the correct address at the time. Our only defence on this was using the N244 form stating that they had not used the correct address, which they would have had if they checked.

                          We were successful in having it set aside and were told we must have our defence in by 4pm on the 1st of May.

                          After getting it set aside we sent a CPR request to Lowell and their solicitors, which we have had nothing back from. We also sent a SAR to Lloyds and have also had nothing back (although we didnt send a £10 postal order).
                          We never sent a CCA as were advised it was not needed due to it probably being an overdraft. We also never sent anything to the courts for POC as hadn't realised we could, (my lack of knowledge).

                          With the deadline being Monday, which is a bank holiday, i intend to submit our defence Wednesday by recorded delivery.

                          But i with no POC and no information other than we owe Lowell £1200 for something to do with Lloyds in 2008 i am really not sure what to enter as a defence.

                          Is there anything else i can do in 1 day? no time to send requests i assume?

                          When i submit the defence am i right in submitting to Lowell and the court? We cant access MCOL as we have no original court letters from 2014 with the password on.

                          For completion I've attached the redacted set aside order, this will have the claim number on. I've also included the CPR and SAR with personal details removed. This are ALL we have other than court date letters.

                          Thank you all for any help provided, it is genuinely appreciated.

                          Kind regards

                          Anthony
                          Last edited by Madcookie; 27th April 2017, 11:11:AM.

                          Comment


                          • #28
                            Re: Setting aside a CCJ - Lowell

                            You really do need those POC.

                            Since thiis was a Default Judgment call NCCBC and see if they will email you the Case Details which is a printout from their database of the POC and all activity that followed before it was transferred to the county court to deal with your set aside Application.

                            If they don't (or can't due to the time lapse) co-operate (explain the urgency) then ask the county court which dealt with your set aside for them.

                            I see you attended the set aside hearing. Did you explain to the DJ that you had no idea what the claim was for since you'd not received the Claim Form?

                            It's a pity the resulting Order doesn't compel them to produce the relevant documents by a specific date and then Directions for you to file your Defence 14 days later. That may have been suggested in your Draft Order if you filed that with your set aside Application?

                            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


                            • #29
                              Re: Setting aside a CCJ - Lowell

                              I also note that the Claimant sent a solicitor to the hearing. What did they argue in court?

                              Did the Claimant file a WS before the set aside hearing? If so what did it say?

                              I see no harm in you asking the Claimant's solicitors for a copy of the claim form. Do this in writing asap. If you get no response then you may wish to refer to that in your Defence. Also email a copy of your letter to them due to the time restraints.

                              I wish I had seen your thread earlier

                              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


                              • #30
                                Re: Setting aside a CCJ - Lowell

                                If you're Defence is due on the 1st May and that's a Bank Holiday (it is isn't it)?) then you can file it by 4 pm the following day.

                                Since you don't know for sure that the claim is for an overdraft (because you've not seen the POC) I would send a s 77-79 CCA Request asap to Lowells. If it's not relevant there's no harm done except a wasted £1 postal order and the cost of postage.

                                It's the Claimant's job to prove their case not your job to tell the court what it is they're attempting to claim. So don't refer to the possibility of it being an overdraft in any correspondence.

                                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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