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  1. #1
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    Default 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.

  2. #2
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    Default 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.

  3. #3
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    Default 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.

    In the cases of Brookes v HSBC Bank plc and Jemitus v Bank of Scotland plc [2011] EWCA Civ 354, the Court of Appeal confirmed that under CPR 38.6, there is a general presumption that Claimants discontinuing claims will be liable for the Defendantsí costs.

    In March 2017 we were successful in the multi- track case of PRA Group (UK) Limited v Mayhew when Recorder Bellamy found that the 2 MBNA credit card agreements were irredeemably unenforceable and the assignment from PRA to MBNA was not proved.

    Another recent case is the Appeal of John Burns v Nationwide (HHJ Hodge QC where we were successful in appealing a possession order and money judgment for £250,000 made at a summary hearing on the basis that the lender's failure to provide consent for proposed leases over the secured property created an unfair relationship within the meaning of section 140A of the Consumer Credit Act 1974. The business premises were returned to our client.

    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

  4. #4
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    Default Re: Lowell threat


  5. #5
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    Default Re: Lowell threat

    Quote 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.

    In the cases of Brookes v HSBC Bank plc and Jemitus v Bank of Scotland plc [2011] EWCA Civ 354, the Court of Appeal confirmed that under CPR 38.6, there is a general presumption that Claimants discontinuing claims will be liable for the Defendantsí costs.

    In March 2017 we were successful in the multi- track case of PRA Group (UK) Limited v Mayhew when Recorder Bellamy found that the 2 MBNA credit card agreements were irredeemably unenforceable and the assignment from PRA to MBNA was not proved.

    Another recent case is the Appeal of John Burns v Nationwide (HHJ Hodge QC where we were successful in appealing a possession order and money judgment for £250,000 made at a summary hearing on the basis that the lender's failure to provide consent for proposed leases over the secured property created an unfair relationship within the meaning of section 140A of the Consumer Credit Act 1974. The business premises were returned to our client.

    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

  6. #6
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    Default Re: Lowell threat

    Quote 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.

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    Default 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.

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    Default Re: Lowell threat

    Quote 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.

  9. #9
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    Default Re: Lowell threat

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

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    Default Re: Lowell threat

    It's

  11. #11
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    Default 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.

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    Default 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

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    Default 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

  14. #14
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    Default Re: Lowell threat

    Quote 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.
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    Default 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

  16. #16
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    Default Re: Lowell threat

    Quote Originally Posted by Ferrety20 View Post
    Thanks for speedy reply I'll pass it on
    was that a link for the procedure
    Yep
    thanks again and will that halt the ccj action
    Possibly.
    The ex would need to provide good reason why the service was defective (eg not the current address, & is on the electoral roll with the current address.....something like that & can be evidenced).
    Also it requires that there is a viable defence to the original 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

  17. #17
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    Default Re: Lowell threat

    Sorry to trouble you again but would it be worthwhile giving lowell a call or is that a no no?

  18. #18
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    Default Re: Lowell threat

    Quote Originally Posted by Ferrety20 View Post
    Sorry to trouble you again but would it be worthwhile giving lowell a call or is that a no no?
    Everything should be in writing with proof of posting.
    Ask for consent to set aside.
    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
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    Default Re: Lowell threat

    What I meant to say was would it effect or hinder the Defence claim in any way by contacting them by phone.

  20. #20
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    Default Re: Lowell threat

    Quote Originally Posted by Ferrety20 View Post
    What I meant to say was would it effect or hinder the Defence claim in any way by contacting them by phone.
    Personally, I go by the maxim "An oral agreement isn't worth the paper it's written on!".
    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

  21. #21
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    Default Re: Lowell threat

    Thanks for the advice

  22. #22
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    Default Re: Lowell threat

    Hi there can someone please help me here I have recieved a ccj by default having to pay all of the money or a payment by 12th April, I have filled out a n244 at the citizens but didn't sign section 11 so when I rang the court to see if it was set aside they said no they have sent the Form back to me will i have have to pay it now before 12th to get ccj lifted?

  23. #23
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    Default Re: Lowell threat

    I think I might have run out of time

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