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Lowell solicitors have applied for a ccj, please help!

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  • Lowell solicitors have applied for a ccj, please help!

    Hi this is my second thread on here, with the first one i got loads of excellent help and really good support. Basically to cut a long story short i have received a claim form from the County Court in Northampton relating to Lowell Solicitors Limited. Issue Date is 13 Sep 2016.

    The claim relates to a Vanquis credit card that I had 2 to 3 years ago. I had a lot going on in my life at that time and stupidly defaulted and got into a right mess with my finances. The claimant is Lowell Portfolio 1 Ltd however I don't understand how things have ended up like this. I don't seem to have had any letters or correspondence from Lowell relating to this, just this claim form thru the post.

    The Particulars of Claim are as follows;

    1) The defendant entered into a Consumer Credit Act 1974 regulated agreement with Vanquis under account reference 4023************ ('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 04/09/2014 and notice given to the Defendant.
    4) Despite repeated requests for repayment, the sum £672.04 remains due and outstanding.
    And the Claimant claims
    a) The said sum of £672.04
    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 £0.147, but limited to one year, being £53.76
    c) Costs

    Amount claimed 725.80
    Court fee 60.00
    Legal representative's costs 70.00
    Total amount 855.80

    Like I said this has all come out of the blue I am desperate not to get a CCJ. I have worked really hard the last 18 months to build my credit score back up and to be in a better financial place.
    Please, Please help what do I do next or how do i defend this?

    I have not acknowledged the Claim Form yet as Money Claim website keeps telling me my password or claim no are not correct even tho they are. I will ring their helpdesk on Monday seeking their advice on the issue.

    Many, many thanks everyone.
    Tags: None

  • #2
    Re: Lowell solicitors have applied for a ccj, please help!

    Hi [MENTION=85092]Darter245[/MENTION] ... there's a link to your first steps here http://legalbeagles.info/forums/show...it-Court-Claim
    I'm sure you'll get lots of advice from the Beagles 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


    • #3
      Re: Lowell solicitors have applied for a ccj, please help!

      Hi Kati

      Thanks a million, I will have a good look thru everything when I get a bit of spare time tomorrow.

      Regards Micky.

      Comment


      • #4
        Re: Lowell solicitors have applied for a ccj, please help!

        Hi everyone,

        Some advice please. I have not responded to the court claim as yet as the login details are not recognised even though they are correct. I intend to sort this out tomorrow and to declare I intend to defend!

        I am going to send a CCA request off tomorrow to the claimant.
        Also a CPR request to the claimant's solicitors.

        So the question is do I wait for a response from these requests or do I try and put some form of defence together now? If yes how do I go about putting a defence together?

        Many thanks

        Micky

        Comment


        • #5
          Re: Lowell solicitors have applied for a ccj, please help!

          Hi

          Another quick question.

          When I send the CPR request form there is a paragraph which says, "to enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on **/**/****.

          What date do I put here?

          Many thanks

          Micky

          Comment


          • #6
            Re: Lowell solicitors have applied for a ccj, please help!

            Hello anybody?

            I am filling out my Acknowledgement of Service right now do I click, "I intend to contest jurisdiction"? Or not?

            Many thanks as usual.

            Comment


            • #7
              Re: Lowell solicitors have applied for a ccj, please help!

              if you live in England/wales = no


              Scotland would come under their jurisdiction

              Comment


              • #8
                Re: Lowell solicitors have applied for a ccj, please help!

                Hi again

                I have sent the relevant requests off to Lowell Portfolio 1 and Lowell Solicitors for information, do I need to wait for their replies or should I consider trying to get some sort of defence together?

                Sorry for all the questions I have never been threatened with a CCJ before and have never experienced anything like this.

                Thanks

                Comment


                • #9
                  Re: Lowell solicitors have applied for a ccj, please help!

                  do not rush you have 28 days to get defence in but for now see their next move if any, keep us tracked up on events

                  Comment


                  • #10
                    Re: Lowell solicitors have applied for a ccj, please help!

                    Ok many thanks MIKE770, I wait in anticipation to see what they will come back with.

                    Comment


                    • #11
                      Re: Lowell solicitors have applied for a ccj, please help!

                      Whilst you anticipate have a read through some other Lowell threads in this forum and the concluded cases forum and you'll get a good idea how these things tend to go and what to expect further down the line.

                      Keep an eye on dates as you want to be prepping your defence a few days before the deadline ( 33 days from the date of issue printed on the claim form) ( just sometimes people wait for replies from claimants which never come and then forget to put their defence in to court in time... )
                      #staysafestayhome

                      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                      Received a Court Claim? Read >>>>> First Steps

                      Comment


                      • #12
                        Re: Lowell solicitors have applied for a ccj, please help!

                        I shall brush up my knowledge and have a good read of other cases now thanks,

                        Comment


                        • #13
                          Re: Lowell solicitors have applied for a ccj, please help!

                          I shall brush up my knowledge and have a good read of other cases now thanks,

                          Comment


                          • #14
                            Re: Lowell solicitors have applied for a ccj, please help!

                            Hi again

                            Just a quick question to start with, I sent a CPR 31 request to Lowell Solicitors, as the claim is under 10,000 should this not have been a CPR 18 request instead?

                            Incidentally Lowell Solicitors have replied very quickly. I received a letter today from them acknowledging I had wrote to them. In their letter they state a letter was sent to me in Sept 2015 which was a Notice of Assignment also enclosed is an apparent letter which they claim was sent to me in August 2016 stating they were now dealing with my case. I have not seen either of these letters. They finish by saying, "A request has been sent to the original creditor Vanquis for a copy of the default notice and a copy of the agreement. These will be forwarded to you upon receipt".

                            One last thing do I just leave things standing the way they are and see what happens? Also at the same time I sent a CCA request to Lowell Portfolio 1 recorded delivery. I have tracked this and the system is just saying still to be signed for. Would it be an idea to resend the original letter again special delivery as it appears Lowell Portfolio are playing funny buggers.

                            Many, many thanks as usual.

                            Micky

                            Comment


                            • #15
                              Re: Lowell solicitors have applied for a ccj, please help!

                              Can anyone help with the questions in the previous post that I have put on??

                              Comment

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