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Thread: **DISCONTINUED!!** Lowell court letter

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  1. #1
    hyperglad's Avatar

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    Default **DISCONTINUED!!** Lowell court letter

    Hi
    My daughter received a letter from the county court business centre on Saturday issue date 26 Jan, claimant Lowell Portfolio , original IKano bank. She thinks it was for a store card about 4 yrs ago which had high interest but she isn't really sure. After reading threads here she has been on the website and acknowledged service and is going to send the template letters this week. Just starting a thread for when we need advice, which I am sure we will.
    Thanks

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    charitynjw's Avatar

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    Default Re: Lowell court letter

    Hi hyperglad & welcome to LB.

    Feel free to ask any questions etc.
    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

  3. #3
    hyperglad's Avatar

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    Default Re: Lowell court letter

    Quote Originally Posted by charitynjw View Post
    Hi hyperglad & welcome to LB.

    Feel free to ask any questions etc.
    Thanks, I am sure I will have to further down the line ��

  4. #4
    hyperglad's Avatar

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    Default Re: Lowell court letter

    Hi
    I have now prepared the letters to send but I am unsure what date to put for the defence?
    Thanks

  5. #5
    hyperglad's Avatar

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    Default Re: Lowell court letter

    My daughter has now received a letter from Lowell saying 'we confirm receipt for a copy of your credit agreement. A CC claim has been issued 26Jan you should read and fully reply to the claim. We note your intentions to defend the account will be placed on hold until we have received documents from IKano re the account opened 2008. We enclose a letter of assignment dated 2014. The deed will not be sent as it is a confidential document.
    What do we do next please?

  6. #6
    charitynjw's Avatar

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    Default Re: Lowell court letter

    Hi hyperglad.

    Their 'on hold' letter is piffle.
    They have issued a court claim & so have to stick to court deadlines.
    As do you.
    If they have not complied with your requests for documentation (esp the CCA request) you'll need to file an appropriate defence within 33 days of the claim issue date.
    & re a Deed of Assignment.....it's for the court to decide whether it's commercially sensitive, not them!
    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

  7. #7
    hyperglad's Avatar

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    Default Re: Lowell court letter

    Thanks for the quick reply....what do we base the defence on and when and how do we do it?
    Cheers

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    charitynjw's Avatar

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    Default Re: Lowell court letter

    Quote Originally Posted by hyperglad View Post
    Thanks for the quick reply....what do we base the defence on
    http://legalbeagles.info/forums/show...t-Court-Claims
    and when
    you'll need to file an appropriate defence within 33 days of the claim issue date.
    and how do we do it?
    Via MCOL, or email to court as an attachment, or by land mail (SignedFor), allowing 2 working days for post.
    Cheers
    ####
    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

  9. #9
    hyperglad's Avatar

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    Default Re: Lowell court letter

    Thanks again, should we as then for more time ?

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    MIKE770's Avatar

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    Default Re: Lowell court letter

    concentrate here what date was the claim made on?

    - - - Updated - - -

    if it was 26th Jan then 28 February is the latest to submit defence usually by 4 p.m. the day before and not earlier to stop them getting wind of your defence contents

  11. #11
    MIKE770's Avatar

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    Default Re: Lowell court letter

    Defence Example

    you can start and amend until; you have to send to MCOL help on here should be available once to start they can see any faults in it for you?

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    charitynjw's Avatar

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    Default Re: Lowell court letter

    Quote Originally Posted by hyperglad View Post
    Thanks again, should we as then for more time ?
    At this stage of the game, any extension of time is of no benefit to you, but it is to the Claimant.
    If you have sent the LB forum CCA & CPR letters, the CPR letter does invite them to agree an extension.
    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

  13. #13
    hyperglad's Avatar

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    Default Re: Lowell court letter

    Quote Originally Posted by MIKE770 View Post
    concentrate here what date was the claim made on?

    - - - Updated - - -

    if it was 26th Jan then 28 February is the latest to submit defence usually by 4 p.m. the day before and not earlier to stop them getting wind of your defence contents
    So I will need to submit it before or about 4pm on 27th ?
    Thanks

  14. #14
    MIKE770's Avatar

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    Default Re: Lowell court letter

    *********

  15. #15
    hyperglad's Avatar

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    Default Re: Lowell court letter

    Thanks..... the debt was transferred from Ikano Bank, my daughter is not even sure what it relates to (as it was 2008) but thinks it may have been a store card. She was living with her Fiancée at the time and when they spilt she came back home, hence why she hasn't had any correspondence. What should we put on the defence letter about what it was relating to?

    What is the statute of limitations I have heard people mention around length of time ?

    Thanks again.

  16. #16
    charitynjw's Avatar

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    Default Re: Lowell court letter

    SAR Ikano for details.
    Also see link for details of cards issued by Ikano for various retail outlets.
    https://ico.org.uk/ESDWebPages/Entry/Z8703645

    Data Controller: IKANO BANK AB (PUBL)
    Address:
    WATERFRONT HOUSE
    WATERFRONT PLAZA
    STATION STREET
    NOTTINGHAM
    NG2 3DQ
    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

  17. #17
    hyperglad's Avatar

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    Default Re: Lowell court letter

    Thanks ...do we need to try to guess which card or should we just put store card ?

  18. #18
    charitynjw's Avatar

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    Default Re: Lowell court letter

    Quote Originally Posted by hyperglad View Post
    Thanks ...do we need to try to guess which card or should we just put store card ?
    The name, address & Ikano's account number should be sufficient.
    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

  19. #19
    hyperglad's Avatar

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    Default Re: Lowell court letter

    My daughter now thinks this relates to a staff card she had when she worked in Oasis. They used to have to open a card to buy their uniform and then they changed it that you paid out of your wages. She carried on working there for about another 3 yrs after it changed and said she didn't even realise she still owed money as nothing was said.
    She thinks she hasn't made a payment on this card since 2009, so is this out of time and should I include that in the defence. She has had no further correspondence from Lowells

  20. #20
    hyperglad's Avatar

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    Default Re: Lowell court letter

    Can anyone advise what to base the Defence letter on, still no further correspondence from Lowell

  21. #21
    charitynjw's Avatar

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    Default Re: Lowell court letter

    If you still have not received any/all documents requested via your CCA & CPR letters, use the defence example posted above, tweaking it to suit.
    & yes, add a paragraph about SB.
    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

  22. #22
    hyperglad's Avatar

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    Default Re: Lowell court letter

    Thanks ��

  23. #23
    hyperglad's Avatar

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    Default Re: Lowell court letter

    Sorry just a few questions
    1) How do I know if its sec 77 or 78 , Just read up on the sections, what would a staff card come under, is it the same as a CC ?
    2) do I leave the numbers in the letter or take them out?
    3) where do I put about it being SB and is there an example of the wording anywhere?
    4) should I send it Monday 27th or Tuesday 28th (33rd day) and how is it sent.

    Thanks so much for all the help so far
    Last edited by hyperglad; 22nd February 2017 at 14:26:PM.

  24. #24
    hyperglad's Avatar

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    Default Re: Lowell court letter

    Quote Originally Posted by charitynjw View Post
    The name, address & Ikano's account number should be sufficient.
    Hi
    I have just posted some questions but when you say quote Ikano's number would we have to say it was a staff store card to know if it was 77 or 78 ? Are staff store cards covered the same way as a CC or because Ikano is a bank would it be deemed a loan ? She had to have it to buy her uniform and then it changed and the money was taken direct from her wages so she thought it was paid.
    Thanks

  25. #25
    charitynjw's Avatar

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    Default Re: Lowell court letter

    Imho, as it was a card I'd go with s78.
    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

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