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Lowell portfolio county court claim on statute barred debt

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  • Lowell portfolio county court claim on statute barred debt

    Hello i've received a county court claim for a debt with vanquis credit card that i have not paid any money to since 2009 , for the amount of £726. , i was made disabled by a bad accident around the same time and could not work , since 2009 i have various dca's who were pursuing me for this debt but i have never responded to them ,Lowell portfolio bought the debt on the 11/07/2012 and have also been sending me letter's etc., i ignored them as i knew that the debt was now statute barred as my son had informed me of the law. Then just two days ago i was shocked to receive a county court claim , i have been on the moneyclaim website and registered like it says on your guidelines and signed up for another 28 days , i have clicked the box for the one that says i dispute all of the claim and now i hoping someone will tell me what i have to do to defend my position.
    Thanks in advance
    Tags: None

  • #2
    Re: Lowell portfolio county court claim on statute barred debt

    Hi Tony get a CCA request sent asap to the claimant Lowell's with£1 postal order signed "for statutory purpose only" <back and front> and CPR request to their solicitors no fee for cpr, it's a long waiting game this now so take a look at other defences as that will come around 33 days from the date on the claim form..

    Take a look in the green boxes at the top of the page and they're you stages ...

    Comment


    • #3
      Re: Lowell portfolio county court claim on statute barred debt

      || CCA Request || CPR 31.14 Request

      Comment


      • #4
        Re: Lowell portfolio county court claim on statute barred debt

        Thanks for the information . i thought that because the debt is statute barred ,i just had to send letters stating it was statute barred and politely tell them to p#ss off.

        Comment


        • #5
          Re: Lowell portfolio county court claim on statute barred debt

          we all wish!

          Comment


          • #6
            Re: Lowell portfolio county court claim on statute barred debt

            Hi Tony

            Now a court claim has been started you need to follow the process even though it is a pain.
            So as advised send a cca request to Lowell's with the fee and a CPR31.14 request to the solicitors asking for documents that are mentioned in the particulars of claim, usually an agreement, a notice of assignment , a default notice.

            It might help if you could just type out the particulars of claim on the forum so we can check.

            Whatever happens you must put your defence in by the due date which is 33 days after the date on the claim form

            Depending on what comes back I would be covering as many bases as I could so SB, maybe non compliance with a CCA request, maybe a defective DN - who knows.

            I would also think about sending a SAR to Vanquis, cost £10 but it will get you all the records they have - might show up some late payment that you had forgotten about or something equally interesting
            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


            • #7
              Re: Lowell portfolio county court claim on statute barred debt

              Thanks for all the information , i've sent the required letters of to Lowells and their lawyers ,so just waiting for the replies , i wonder what they'll be ? i'm hoping for a £50 Marks and spencer gift voucher

              Comment


              • #8
                Re: Lowell portfolio county court claim on statute barred debt

                Hopefully s pile of rubbish.

                The SAR to cap 1 still needs thinking about
                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


                • #9
                  Re: Lowell portfolio county court claim on statute barred debt

                  Hi ,i've just received a letter from BW Legal who work for lowell portfolio , the letter says that they have put my file on hold whilst they query the matter with their clients , this is in response to my cpr request and cca request , what i don't understand is i sent a separate cca request with the 1 pound fee to lowells themselves and i have not had anything from lowells, my date i have to put my defence in on the county court claim website is friday 5th may 2017.
                  So i hope someone can advise me what to do, that is, do i just wait and see if lowell come up with something or just go ahead and put my defence in on friday.
                  Thanks in advance

                  Comment


                  • #10
                    Re: Lowell portfolio county court claim on statute barred debt

                    No.

                    You must get your defence in by 4PM friday.
                    The court timetable over rules everything.
                    If you dont you will likely get a defaulted judgement.
                    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


                    • #11
                      Re: Lowell portfolio county court claim on statute barred debt

                      thanks for the quick reply , i'll put my defence in tomorrow ,i'm going to use statute barred as my defence , as i know i have not paid them any money for at least 8 years.

                      Comment


                      • #12
                        Re: Lowell portfolio county court claim on statute barred debt

                        I would also add in non compliance with cca request, no DN or assignment. Dont put all your eggs in one basket - just in case
                        [MENTION=87380]Diana M[/MENTION] [MENTION=6]Amethyst[/MENTION] [MENTION=551]pt2537[/MENTION]
                        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 county court claim on statute barred debt

                          Use this example as a starting point for your defence - | Defence Example | and add into that the statute barred defence as well , something like;

                          x. The Defendant contends that any alledged debt would be statute barred by virtue of section 5 of the Limitations Act 1980 in that he has not made payment nor made any acknowledgment of this debt in more than 6 years up to the date of issue of this claim.

                          But as Warwick says, don't put eggs in one basket and still plead non compliance with the CCA and lack of documentation evidencing their right to collect the debt ref the CPR 31.14 request.

                          Don't think the £50 M&S voucher will be heading your way very soon though lol.

                          Also would you recall whether you had PPI with the card ?
                          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


                          • #14
                            Re: Lowell portfolio county court claim on statute barred debt

                            Hi i'm having trouble logging in to the moneyclaim website , i,ve not lost any of the information to log in , but to my annoyance i can't log in i've tried my goverment gate no as my user id and my mcol no as my user id , am i doing something wrong ?

                            Comment


                            • #15
                              Re: Lowell portfolio county court claim on statute barred debt

                              Remember it is case sensitive

                              I know in the past for some reason I have found using the numbers on the right of the keyboard has not worked but using the numbers at the top has.

                              Log into MCOL using your gateway ID and passowrd then the password on the form for the claim

                              Can you actually log into MCOL- if not could you try resetting your password?
                              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

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                              SHORTCUTS

                              Pre-Action Letters
                              First Steps
                              Check your dates
                              Acknowledge a Claim
                              CCA Request Letter
                              CPR 31.14 Request Letter
                              Subject Access Request Letter
                              Example Defence
                              Set Aside Application



                              If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.


                              NOTE: If you receive a court claim note these dates in your calendar ...
                              Acknowledge Claim - within 14 days from Service

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                              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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