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  • Lowell threat

    Hi I'm new on here my partner has just received a court letter from lowell addressed to her x boyfriend(who has never been registered as living there) demanding £1700 for a provident loan took out about 5 years ago and apparently was paid to the agent/collector who then ran off with the money she had been collecting from people, they have given 12 days to answer to the letter summons the letter looks like a photo copy. Can you please advise me thanks in advance.
    Tags: None

  • #2
    Re: Lowell threat

    And in the particulars of claim they are saying the Defendant failed to maintain the required payments and a default notice was served and not complied with and the agreement was later assigned to the claimant on 29/08/14 and notice greatly venue to the Defendant,the original loan was about £400 which was all paid but like I said in other post the agent was pocketing the money's paid to her.

    Comment


    • #3
      Re: Lowell threat

      Firstly you will need to acknowledge service of the claim. If it is issued by the County Court Business Centre there will be a password shown on the middle right hand side of the claim form. You have 5 days from the date of issue shown for service and then a further 14 days to acknowledge it. This then allows a further 14 days for the filing of the defence.

      it would be a good idea for your partner to send a statutory request under s. 77 (as it appears to be a loan) of the Consumer Credit Act with a £1.00 postal order to Llowells - LB has a template you can use.

      Send CPR 31.14 request to Llowrlls solicitors requesting a copy of any documents mentioned in the particulars of claim I e agreement, assignment, default notice - LB has a template you can use.

      Would also suggest sending a SAR under the Data Protection Act to Provident requesting all data they hold on you. Enclose the £10 statutory fee. Again LB has a template you can use.
      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


      • #4
        Re: Lowell threat

        CCA Request || CPR 31.14 Request

        Comment


        • #5
          Re: Lowell threat

          Originally posted by MIKE770 View Post

          Thanks Mike770 for posting the links!
          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


          • #6
            Re: Lowell threat

            Originally posted by Ferrety20 View Post
            my partner has just received a court letter from lowell addressed to her x boyfriend(who has never been registered as living there).
            Is she in touch with her ex? Because it is he who needs to be given the court form to return and he who should be asking for the relevant documents to be sent to him.

            It's not your partner's problem.

            Comment


            • #7
              Re: Lowell threat

              She's not in touch with her ex so doesn't really know what to do would her address get the ccj? or how does it work can they give a ccj to someone who has never lived at that address and without them knowing anything about it? I'm confused to say the least but thank you for all the help and advice all future help welcome.

              Comment


              • #8
                Re: Lowell threat

                Originally posted by Ferrety20 View Post
                She's not in touch with her ex so doesn't really know what to do would her address get the ccj?
                No, a CCJ only applies to a person, not to an address.

                Comment


                • #9
                  Re: Lowell threat

                  Would her x get a ccj if he didn't even know about it? Would they need to contact him?

                  Comment


                  • #10
                    Re: Lowell threat

                    It's

                    Comment


                    • #11
                      Re: Lowell threat

                      yes her ex would get a CCJ.

                      But there is nothing she can do about this if she isn't in touch with him. She CANNOT complete the dfence forms and reply to the court. She can let the solicitors know that he doesn't live there, he has never lived there and she doesn't know where he is at the moment.

                      Addresses do not get blacklisted. The fact he gets a CCJ at your address will not affect her credit record (assuming she doesnt still have any joint accounts with him) or yours.

                      Comment


                      • #12
                        Re: Lowell threat

                        Hi my partner has now received a judgement of claim ( in default) letter from lowell saying her x has to pay ex amount a month, she has managed to contact x and told him he us going to get ccj,she asked me to ask if there is anything he can do to rectify this because she feels a bit sorry for him as it's not his fault

                        Comment


                        • #13
                          Re: Lowell threat

                          I have read that you can ask for original debt documents and stuff on some of the other threads can you help with this please

                          - - - Updated - - -

                          Or is it all to late

                          Comment


                          • #14
                            Re: Lowell threat

                            Originally posted by Ferrety20 View Post
                            I have read that you can ask for original debt documents and stuff on some of the other threads can you help with this please
                            That could have been done a month ago as suggested by @Joanna C (post #3).

                            - - - Updated - - -

                            Or is it all to late
                            Your partner's ex will now need to seek a set-aside of judgment before any further defence could be considered.
                            http://legalbeagles.info/forums/show...lication-notes
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                            Comment


                            • #15
                              Re: Lowell threat

                              Thanks for speedy reply I'll pass it on was that a link for the procedure thanks again and will that halt the ccj action

                              Comment

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