Page 1 of 2 12 LastLast
Results 1 to 25 of 33

Thread: Lowell v shirlthegirl's hubby

  • Share
  • Thread Tools
  • Display
  1. #1
    shirlthegirl's Avatar

    Member



    Joined
    Jun 2015
    Posts
    50
    Mentions
    1 Post(s)

    Default Lowell v shirlthegirl's hubby

    Hi folks

    You were all most helpful a couple of years ago and assisted me in defending an issue against Brian Carter / Lowell

    So here we are with a few more grey hairs and now hubby has received a Claim form from Northampton.

    We are doing the acknowledgement online and there is an option to contest jurisdiction. Can I just have confirmation that we do not need to do this please?

    Cheers

  2. #2
    warwick65's Avatar

    VIP Member



    Joined
    Feb 2017
    Posts
    2,227
    Mentions
    147 Post(s)

    Default Re: Lowell v shirlthegirl's hubby

    If you are in England or Wales no need to contest jurisdiction
    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

  3. #3
    shirlthegirl's Avatar

    Member



    Joined
    Jun 2015
    Posts
    50
    Mentions
    1 Post(s)

    Default Re: Lowell v shirlthegirl's hubby

    Hi again, I seem to have landed the job of doing all the paperwork for this (it is that or wait for the fallout when the time runs out). Anyhoo, I am busy doing the letters for the 3114 and CCA. I have copies of the letters I sent out for my battle a couple of years ago and wondered if everything is still the same now? Also, there seem to be more things in his particulars of Claim so I will copy the bits that I didn't cover on my 3114 letter so not sure if I need to address them for his...

    1. The agreement - sorted on this bit
    2. The default notice - also sorted.
    3. The Agreement was later assigned to the Claimant on 25/09/2014 and notice given to the Defendant. - Do I need to ask for proof of this?

    Thank you in advance.

  4. #4
    jaguarsuk's Avatar

    VIP Member



    Joined
    Jul 2017
    Posts
    271
    Mentions
    9 Post(s)

    Default Re: Lowell v shirlthegirl's hubby

    Hi

    Yes, you want to see the Assignment Notice as if none exists they have no right to bring the claim.
    My posts on this forum are offered based on my experience dealing with a variety of life events. I have no formal legal training and if in doubt take professional legal advice or contact the CAB. If you follow anything I write on this forum you do so at your own risk and I accept no liability for any loss, costs or other out comes.

  5. #5
    charitynjw's Avatar

    VIP Member



    Joined
    Sep 2009
    Posts
    12,352
    Mentions
    657 Post(s)

    Default Re: Lowell v shirlthegirl's hubby

    What is the claim for (Credit card, bank acc/overdraft, mobile phone etc) & approx how much?
    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

  6. #6
    shirlthegirl's Avatar

    Member



    Joined
    Jun 2015
    Posts
    50
    Mentions
    1 Post(s)

    Default Re: Lowell v shirlthegirl's hubby

    Hi, it is for a Capital One credit card - they are claiming £254.49 plus Court fee £25.00 and Legal representative costs of £50.00 making a total of £329.49

  7. #7
    warwick65's Avatar

    VIP Member



    Joined
    Feb 2017
    Posts
    2,227
    Mentions
    147 Post(s)

    Default Re: Lowell v shirlthegirl's hubby

    I would also ask for the deed of assignment. You won't get it but it puts them in notice come your defence you will be asking for it.
    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

  8. #8
    shirlthegirl's Avatar

    Member



    Joined
    Jun 2015
    Posts
    50
    Mentions
    1 Post(s)

    Default Re: Lowell v shirlthegirl's hubby

    Is there some legalese I should quote when asking for a copy of the Assignment? I have the wording for the first two bits from my own paperwork a few years ago.

  9. #9
    charitynjw's Avatar

    VIP Member



    Joined
    Sep 2009
    Posts
    12,352
    Mentions
    657 Post(s)

    Default Re: Lowell v shirlthegirl's hubby

    Have you sent a CCA s78 request to Lowells?

    If not, do so asap.
    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

  10. #10
    shirlthegirl's Avatar

    Member



    Joined
    Jun 2015
    Posts
    50
    Mentions
    1 Post(s)

    Default Re: Lowell v shirlthegirl's hubby

    Doing that right now, thanks

  11. #11
    shirlthegirl's Avatar

    Member



    Joined
    Jun 2015
    Posts
    50
    Mentions
    1 Post(s)

    Default Re: Lowell v shirlthegirl's hubby

    Quote Originally Posted by warwick65 View Post
    I would also ask for the deed of assignment. You won't get it but it puts them in notice come your defence you will be asking for it.
    How should I word that part of the request - somehow 'please send me a copy of the deed of assignment' doesn't look right following all the 'compliant with.....' bits in the other two points I have typed

  12. #12
    MIKE770's Avatar

    VIP Member



    Joined
    Apr 2009
    Posts
    5,581
    Mentions
    159 Post(s)

    Default Re: Lowell v shirlthegirl's hubby


  13. #13
    shirlthegirl's Avatar

    Member



    Joined
    Jun 2015
    Posts
    50
    Mentions
    1 Post(s)

    Default Re: Lowell v shirlthegirl's hubby

    Thanks for the link I have done that one already, struggling with wording on the CPR 31.14 request for the deed of assignment

  14. #14
    charitynjw's Avatar

    VIP Member



    Joined
    Sep 2009
    Posts
    12,352
    Mentions
    657 Post(s)

    Default Re: Lowell v shirlthegirl's hubby

    Could you post up (or type verbatim*) the Particulars of Claim?

    (*One of these days someone will post just the word 'verbatim')
    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

  15. #15
    shirlthegirl's Avatar

    Member



    Joined
    Jun 2015
    Posts
    50
    Mentions
    1 Post(s)

    Default Re: Lowell v shirlthegirl's hubby

    Quote Originally Posted by charitynjw View Post
    Could you post up (or type verbatim*) the Particulars of Claim?

    (*One of these days someone will post just the word 'verbatim')
    Here you go....

    1) The Defendant entered into a Consumer Credit Act 1974 regulated agreement with Capital one under account reference 4775965314294926 ('the Agreement').
    2) The Defendant failed to maintain the required payments and a default notice was served and not complied with.
    3) The Agreement was later assigned to the Claimant on 25/09/2014 and notice given to the defendant.
    4) Despite repeated requests for payment, the sum of £235.64 remains due and outstanding.
    And the Claimant claims
    a) The said sum of £235.64
    b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.052, but limited to one year, being £18.85
    c) Costs

  16. #16
    warwick65's Avatar

    VIP Member



    Joined
    Feb 2017
    Posts
    2,227
    Mentions
    147 Post(s)

    Default Re: Lowell v shirlthegirl's hubby

    For the assignment you could just ask for the assignment to include the notice and deed.

    A cpr31.14 request is just a request for info and is really quite straightforward - you just ask for the documents

    Use the template and adjust accordingly
    @Kati @Amethyst
    Can this be moved to received a court claim
    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

  17. #17
    shirlthegirl's Avatar

    Member



    Joined
    Jun 2015
    Posts
    50
    Mentions
    1 Post(s)

    Default Re: Lowell v shirlthegirl's hubby

    Thank you, will do just that.

    (I thought I had started this thread in the received a court claim but was having a few issues navigating the site - now found out my mouse was broken)

  18. #18
    warwick65's Avatar

    VIP Member



    Joined
    Feb 2017
    Posts
    2,227
    Mentions
    147 Post(s)

    Default Re: Lowell v shirlthegirl's hubby

    Hopefully one of the terrible two will be able to move the whole lot , lock stock and barrel to the right forum
    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

  19. #19
    Kati's Avatar

    LB Team Member



    Joined
    Jun 2014
    Posts
    11,753
    Mentions
    1214 Post(s)

    Default Re: Lowell v shirlthegirl's hubby

    Quote Originally Posted by warwick65 View Post
    Hopefully one of the terrible two will be able to move the whole lot , lock stock and barrel to the right forum
    terrible?? me?? shocking that is warwick (I might be a bit dodgy but I'd never admit it to anyone lol )
    @shirlthegirl ... your thread's been moved hun 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 [email protected]
    But please include a link to your thread so I know who you are.

    Specialist advice can be sought via our sister site JustBeagle

  20. #20
    MIKE770's Avatar

    VIP Member



    Joined
    Apr 2009
    Posts
    5,581
    Mentions
    159 Post(s)

    Default Re: Lowell v shirlthegirl's hubby

    Quote Originally Posted by Kati View Post
    terrible?? me?? shocking that is warwick (I might be a bit dodgy but I'd never admit it to anyone lol )
    @shirlthegirl ... your thread's been moved hun xx
    bit dodgy????? means never tells lies - but known to distort the truth = being the difference!

  21. #21
    shirlthegirl's Avatar

    Member



    Joined
    Jun 2015
    Posts
    50
    Mentions
    1 Post(s)

    Default Re: Lowell v shirlthegirl's hubby

    Hi, sent off all the letters as detailed above (last week). Also submitted the acknowledgement of service in September.

    Today hubby received a letter from the County Court Business Centre which reads...

    'To the Defendant
    You have not replied to the claim form
    It is therefore ordered that you must pay the claimant £254.49 for debt [and interest to date of judgment] and £97 for costs [less £0 which you have already paid]

    You must pay the claimant a total of £351.49' ....

    What did we forget to do?

  22. #22
    Amethyst's Avatar

    Site Owner



    Joined
    May 2007
    Posts
    61,254
    Mentions
    1850 Post(s)

    Default Re: Lowell v shirlthegirl's hubby

    Possibly - DEFEND - When was the claim issue date ( printed on the claim form) and what date did you enter your acknowledgement ? Did you do that online (MCOL) or on paper? Actually I'm wondering if something went wrong with acknowledgment of the claim if you started this thread soon as you received the claim you'd still be in time for Defence.
    “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 advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

  23. #23
    shirlthegirl's Avatar

    Member



    Joined
    Jun 2015
    Posts
    50
    Mentions
    1 Post(s)

    Default Re: Lowell v shirlthegirl's hubby

    date on claim form is 1 September, we submitted via MCOL on 14th September

  24. #24
    Amethyst's Avatar

    Site Owner



    Joined
    May 2007
    Posts
    61,254
    Mentions
    1850 Post(s)

    Default Re: Lowell v shirlthegirl's hubby

    Hmmm should be fine.... Did you get a confirmation email / notice ? Can you log in on MCOL and see what it says ? Might need to ring the court and find out why your acknowledgment hasn't been accepted.
    The Money Claim Online Helpdesk can be contacted on 0300 123 1057 / 01604 619402. It does experience a high volume of calls so you may wish to consider emailing your query to [email protected].
    “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 advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

  25. #25
    shirlthegirl's Avatar

    Member



    Joined
    Jun 2015
    Posts
    50
    Mentions
    1 Post(s)

    Default Re: Lowell v shirlthegirl's hubby

    Just looked at MCOL,

    Claim HistoryYour acknowledgment of service was submitted on 19/09/2017 at 08:44:27


    Your acknowledgment of service was received on 19/09/2017 at 12:02:03


    A judgment was issued against you on 05/10/2017 at 19:22:40


Page 1 of 2 12 LastLast

Similar Threads

  1. My Hubby - you just gotta laugh
    By Sapphire in forum The Lamp Post
    Replies: 33
    : 30th December 2012, 16:20:PM
  2. Sweetrevenge's Hubby v RBS
    By Sweetrevenge in forum Royal Bank of Scotland
    Replies: 36
    : 2nd September 2009, 11:17:AM
  3. Sapphire's hubby v Cap One
    By Sapphire in forum Capital One
    Replies: 17
    : 18th March 2009, 15:33:PM
  4. Sapphire's hubby v Cap One
    By Sapphire in forum Credit Cards / Store Cards
    Replies: 9
    : 11th July 2007, 11:29:AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Contact Us



© Celame (UK) Ltd 2017
LegalBeagles® are DPA Registered No. ZA158014
LegalBeagles® is the trading name of CELAME (UK) LIMITED ( 09220332 )
Registered Address: 25 Moorgate, London, England, EC2R 6AY
VAT registration number 206 9740 02
User Alert System provided by Advanced User Tagging v3.1.3 (Lite) - vBulletin Mods & Addons Copyright © 2017 DragonByte Technologies Ltd.
Feedback Buttons provided by Advanced Post Thanks / Like (Lite) - vBulletin Mods & Addons Copyright © 2017 DragonByte Technologies Ltd. Runs best on HiVelocity Hosting.
Celame (UK) Ltd Powered by vBulletin® Version 4.2.3
Copyright © 2017 vBulletin Solutions, Inc. All rights reserved.

To find out more about managing your money and getting free advice, visit the Money Advice Service,an independent service set up to help people manage their money.

TOP