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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

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    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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Hopgood Vs Lowell Portfolio

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  • #16
    Re: Hopgood Vs Lowell Portfolio

    Defence Example

    - - - Updated - - -

    Originally posted by GemHop81 View Post
    What's my next step with the court is there a letter I can send to stop this from going ahead? Or do you have a template for a defence as I need to enter something within the next week/ 10 days in fact I'm going to check my dates again...

    Holy crud I have to enter a defence by the 15th May 2017 that's this FRIDAY!!! So even if I sent off a cheque which I would get from God knows only where as no one uses cheque books anymore then it wouldn't come back in time!

    TO-DAY IS 15th May 2017 SAR request they have up to 40 days to supply, so send the 10 now, meantime the court proceedure will roll on and you deal with the matter as following instructions from the court not lowells, you should get the SAR back hopefully before any court appearance

    Comment


    • #17
      Re: Hopgood Vs Lowell Portfolio

      OK this sounds incredibly stupid and this maybe because I am suddenly panicking but date of service is that the date on the court letter (18th April 2017) or the date I received it (21st April 2017)? I have acknowledged in writing to both the court and to Lowell I received it on the 21st...

      If the 18th April my defence needs to be by tomorrow (16th May 2017)
      If the 21st April then by Thursday (18th May 2017)

      Oh I dropped the ball on this, I fell into the trap of waiting those extra few days here and there for replies to my letters which have added up to 7 to ten days on top of the 7 days I have them...

      Please please I need help, you have all been amazing so far and I know this must be annoying you like mad now but if I could just kindly ask for your help I would be very appreciative,

      Thankyou Gemma
      Last edited by GemHop81; 15th May 2017, 10:01:AM. Reason: Mistaken date

      Comment


      • #18
        Re: Hopgood Vs Lowell Portfolio

        @Amethist [MENTION=813]Warwick[/MENTION]

        Comment


        • #19
          Re: Hopgood Vs Lowell Portfolio

          If you have not received it in time before you need to file a defence (33 from the claim issue date)
          The issue date is on the front of the court claim.
          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


          • #20
            Re: Hopgood Vs Lowell Portfolio

            Thankyou charitynjw, the issue date is the 18th of April making my 28 day up on the 16th May which is tomorrow.....

            Comment


            • #21
              Re: Hopgood Vs Lowell Portfolio

              Am I able to enter a defence online in the same place where I placed my acknowledgement of service if not then I need to get my defence filled out and posted today to the court next day priority.

              Comment


              • #22
                Re: Hopgood Vs Lowell Portfolio

                Originally posted by GemHop81 View Post
                Thankyou charitynjw, the issue date is the 18th of April making my 28 day up on the 16th May which is tomorrow.....
                18th April, plus 33 days, is not 16th May.
                Even with my dodgy math!

                Originally posted by GemHop81 View Post
                Am I able to enter a defence online in the same place where I placed my acknowledgement of service if not then I need to get my defence filled out and posted today to the court next day priority.
                Yes, you can file it via MCOL.
                If you experience any problems with doing so, you can email your defence to the court (NCCBC).
                You will need to add the signed statement of truth, so best sent as an attachment.
                Put Lowell Portfolio (if that is the Claimant named on the court claim) v 'GemHop81' Court Claim Ref No XXXXXXXX in the email subject box.
                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


                • #23
                  Re: Hopgood Vs Lowell Portfolio

                  Thank you,

                  Sorry i thought you only got 28 days not 33. Also I have no idea to put as my defence (how to put it in the right words) what points to mention what points not to,

                  Thankyou again, Gemma

                  Comment


                  • #24
                    Re: Hopgood Vs Lowell Portfolio

                    21st May 2017

                    Comment


                    • #25
                      Re: Hopgood Vs Lowell Portfolio

                      5 days deemed service (post) if issued via MCOL (regardless of when you actually received it).
                      +14 days to acknowledge.
                      If acknowledged, + another 14 days for filing defence.
                      Et voila......33 days.
                      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


                      • #26
                        Re: Hopgood Vs Lowell Portfolio

                        I am just about the enter my defence when I realised that given my "debt" on my credit file is due to come off on the 30th June, if once entering my defence the court makes a date for it to be heard or does not make a ruling until after this time (30th June 2017) what happens? Does the debt come off my credit file still or will it begin again?

                        Comment


                        • #27
                          Re: Hopgood Vs Lowell Portfolio

                          In general terms, the alleged debt remains on the CRA database for 6 years, after which it will drop off.
                          However, if the court claim was issued within 6 years (Eng/Wales) of the cause of action, it will not be statute-barred (the court case 'pauses' the SB clock), so there is a potential of a CCJ.
                          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


                          • #28
                            Re: Hopgood Vs Lowell Portfolio

                            Hiya,

                            The debt is currently on your credit file as a defaulted account I assume?

                            Once an account has been defaulted (ie terminated) for 6 years then it should be removed from the Credit Reference Agency system.

                            Any CCJ will generate a new entry on the credit report, unless paid in full within 28 days of judgement. This will remain on the credit file for a further 6 years from date of judgement, unless settled in full within 28 days as described.

                            Hope this is helps, and if inaccurate I'm sure others will correct me! :-)

                            Comment


                            • #29
                              Re: Hopgood Vs Lowell Portfolio

                              Just filed my Defence:

                              I was contacted by Lowell via a court letter from the Northamptoncourt for a debt which will continue to be on my credit file foranother month (June 2017). It is for a debt that I contested withBT many, many years ago. The letter arrived on the 21st April2017.I tried out an offer with BT on their internet and phone packagebut they could never get my internet to work properly sending out engineer after engineer. Eventually I cancelled the trial (as pertheir terms and conditions)and went back to Sky. They then a fewyears later, contacted me with a bill for 300. When I contactedthem to contest this, I discovered it was for the amount thatwould of accrued should I have continued on with them after thetrial had ended which amounted to the cost of the fullsubscription. I argued with them and they eventually agreed thatthey were in the wrong and that was at the time the last I heardfrom them. Sometime later a debt collection agency contacted mefor the same alleged debt which as far as I knew I had sorted out.at the time I did not have access, as I do now, to my credit file(s), BT had gone ahead and defaulted me, then sent it to adebt collection agency. I was not aware of any of this (thedefault etc) until it was too late and placed on my record for 6years.When the debt collection agency contacted me I explained why I wascontesting BT's alleged debt, I provided proof, they contacted BTand they then just stopped contacting me all together. A fewmonths (roughly) later I was contacted by a brand new debtcollection agency, it seems that they had purchased the alleged BTdebt so I again had to explain, again they stopped after that. Ayear later the same thing happened with another company and it hashappened a few more times since. Now it it Lowell's turn.

                              I wrote to Lowell once I received the court letter placing aRequest for Documents Mentioned In A Statement of this Case underCPR31.14 after receiving some legal advice. Lowell has been unableto provide me with these documents and when they wrote back to methey stated that they were placing my account on hold until theywere able to verify the debt. this is something I would havethought they would have done before sending it to the court.Unable to provide me with proof of the alleged debt I thencontacted BT who have also been unable to provide me with the sameagreement. As this important document which is the basis for thisentire case and proof of any alleged debt, unable to be producedby any party I am requesting that this case be dismissed as thereis no longer any basis for it. Lowell themselves are surely unableto prosecute a debt on an account they have on hold as they cannotverify it even exists?I have proclaimed from the beginning that this alleged debt doesnot exist and have suffered with a black mark on my credit filefor 5 years and 11 months, at the final month with the debt comingoff my file on the 30th June 2017 I find it highly suspect thatthis imagined debt has suddenly appeared again.

                              Should the court require any further information from myself I ammore than happy to provide it.

                              I am now wondering if I should have added more or less or I'm not sure........ If the court set a date and that date is longer than the date it would have stayed on my file (30th June 2017) what happens to it? Does the court case become pointless, does the debt start over?

                              Comment


                              • #30
                                Re: Hopgood Vs Lowell Portfolio

                                The SB 6 year limit clock stops ticking on the date a claim is issued, either by a local court or Northampton. It is irrelevant when the eventual court hearing is (if any). The current entry on your credit file will still fall off after 6 years, but may well be replaced by a CCJ entry for a further 6 years if you don't handle this claim correctly.

                                Have you actually submitted the previous post as a defence? I think some input from either [MENTION=61310]diana[/MENTION]_m or [MENTION=6]Amethyst[/MENTION] may be helpful before you do if you haven't done so already?

                                Comment

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