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County court claim from Lowell Portfolio for a Studio Gifts debt

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  • County court claim from Lowell Portfolio for a Studio Gifts debt

    Hi I've just received a county court form from county court business centre for a debt according to my credit report I defaulted on in January 2012 the Claimant is Lowell Portfolio limited is this legit ? Or are they trying to frighten me into paying I was in financial difficulty and lost my home at the time of default I asked studio if I could make lower payments but they refused and just kept adding default charges to my account . hope you can advise me guys as im new to all this and first time on a forum
    Cheers
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  • #2
    Re: County court claim from Lowell Portfolio for a Studio Gifts debt

    Hi & welcome to LB.

    Firstly you'll need to acknowledge the claim.
    Defend in full.
    Do not contest jurisdiction.
    Do not enter any dialogue at all in the 'defence' box.
    http://legalbeagles.info/library/gui...y-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


    • #3
      Re: County court claim from Lowell Portfolio for a Studio Gifts debt

      [QUOTE=charitynjw;749511]Hi & welcome to LB.

      Firstly you'll need to acknowledge the claim.
      Defend in full.
      Do not contest jurisdiction.
      Do not enter any dialogue at all in the 'defence' box.
      http://legalbeagles.info/library/gui...y-court-claim/[/QUOTE

      Thanks for the welcome and the advice much appreciated. I've acknowledged the claim online today will the next step be to send off the letters to Lowell and their solicitors do i just put a blank postal order in ?
      And how long do i have and wait?
      Many thanks

      Comment


      • #4
        Re: County court claim from Lowell Portfolio for a Studio Gifts debt

        Originally posted by Leego59 View Post
        Thanks for the welcome and the advice much appreciated. I've acknowledged the claim online today will the next step be to send off the letters to Lowell and their solicitors do i just put a blank postal order in ?
        And how long do i have and wait?
        Many thanks
        cca to the claimant, cpr to the solicitors (links at the top of the page) ... 1 postal order made out to the claimant for the cca 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


        • #5
          Re: County court claim from Lowell Portfolio for a Studio Gifts debt

          Originally posted by Kati View Post
          cca to the claimant, cpr to the solicitors (links at the top of the page) ... 1 postal order made out to the claimant for the cca xx
          Thanks Kati
          I'll send them off asap, do i just wait then for a reply

          Comment


          • #6
            Re: County court claim from Lowell Portfolio for a Studio Gifts debt

            Originally posted by Leego59 View Post
            Thanks Kati
            I'll send them off asap, do i just wait then for a reply
            Keep an eye on the timescales ... your defence is due 33days from the issue date on the claim form.
            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


            • #7
              Re: County court claim from Lowell Portfolio for a Studio Gifts debt

              It would be wise to SAR Express Gifts (they trade as Studio).
              http://legalbeagles.info/library/gui...ccess-request/

              • If you would like a copy of your information please write to The Data Protection Officer Express House, Clayton Business Park, Clayton-le-Moor, Accrington, Lancs BB5 5JY enclosing a cheque for 10 made payable to Express Gifts Limited.
              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


              • #8
                Re: County court claim from Lowell Portfolio for a Studio Gifts debt

                Originally posted by Kati View Post
                Keep an eye on the timescales ... your defence is due 33days from the issue date on the claim form.
                ok will do. I will keep you updated if thats ok cause i havent got a clue what i do next
                thanks again x

                Comment


                • #9
                  Re: County court claim from Lowell Portfolio for a Studio Gifts debt

                  Originally posted by Leego59 View Post
                  ok will do. I will keep you updated if thats ok cause i havent got a clue what i do next
                  thanks again x
                  See post #7?
                  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


                  • #10
                    Re: County court claim from Lowell Portfolio for a Studio Gifts debt

                    Originally posted by charitynjw View Post
                    It would be wise to SAR Express Gifts (they trade as Studio).
                    http://legalbeagles.info/library/gui...ccess-request/
                    will do thanks

                    Comment


                    • #11
                      Re: County court claim from Lowell Portfolio for a Studio Gifts debt

                      Hi everyone
                      Sent off all letters should of landed on their doorsteps on Tuesday, Wednesday (11/12th) at the latest, so they've got 12 days to reply is that right, could you advise me on what my next move will be if they don't, or if they do
                      Many thanks

                      Comment


                      • #12
                        Re: County court claim from Lowell Portfolio for a Studio Gifts debt

                        SAR Request they have 40 days to respond


                        CAA request they have 12 + 2 = 14 days to respond - but if not = not enforceable until they produce but can continue collection activity though


                        CPR 31.14 - well they may say on small claims not necessary as many do = BUT = up to allocation it is relevant , but many will not bother at this stage.

                        Comment


                        • #13
                          Re: County court claim from Lowell Portfolio for a Studio Gifts debt

                          Have received SAR As far as I can see my last payment was on the 18/07/11 and i last comunicated with them in writing on the 11/11/11 they have only sent me a sample of the default notice with no dates on it, I can upload photos if that will help. Today I received a letter from Lowell Solicitors acknowledging my letter they have put the account on hold as they have requested a copy of the original agreement and the default notice from the original creditor can you please advise what I do now
                          Many thanks in advance ��

                          Comment


                          • #14
                            Re: County court claim from Lowell Portfolio for a Studio Gifts debt

                            You will need to still submit your defence ( Example Defence ) by the deadline ( 28 days from service - 33 days from 31st August (date of claim ) )so end of the month should be fine

                            Did the SAR have any copy of an agreement in it?

                            18/07/11 last payment you could try statute barred - but it's very very tight and with the letter on the 11/11/11 that would likely be classed as acknowledging the debt - however it doesn't hurt to include the paragraph on statute barred in your defence - as the onus of proof is on them.

                            What date is the default notice ?
                            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


                            • #15
                              Re: County court claim from Lowell Portfolio for a Studio Gifts debt

                              Originally posted by Amethyst View Post
                              You will need to still submit your defence ( Example Defence ) by the deadline ( 28 days from service - 33 days from 31st August (date of claim ) )so end of the month should be fine

                              Did the SAR have any copy of an agreement in it?

                              18/07/11 last payment you could try statute barred - but it's very very tight and with the letter on the 11/11/11 that would likely be classed as acknowledging the debt - however it doesn't hurt to include the paragraph on statute barred in your defence - as the onus of proof is on them.

                              What date is the default notice ?
                              It didn't have a date I will upload pics I've took when u get back home I'm away on holiday abroad from Monday 25th till Sunday 1st do i put my defence forward now

                              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

                              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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