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Thread: Lowel portfolio CCJ shopdirect

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  1. #1
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    Default Lowel portfolio CCJ shopdirect

    hi, I have been a part of this forum a long time ago to find help to handle some debts when i have lost my job. Since then i managed to swing things completely around and I am more or less on a straight line. One thing I regret I have not done before is to handle my debts properly and now that I want to get a mortgage things are catching up with me. And by things I mean Lowel portfolio. I have managed to close down 2 accounts (£1600) by sending a letter saying all the accounts are statute barred but they have sent me to CCJ (County Court Business Centre with no actual stamp but a circled crown) saying I do ow them money and now am obligated to pay £50/month for a debt that is older than 6 years. Lowel portfolio is stating the case goes into default in May but they did not comply with any of the agreements what I have requested.

    the court also denies my letter I have sent to them to defend myself - which is probably my fault as I have only sent it by first class. I have just sent to them a CCA asking for the agreements and all the paperwork they referring to but am very scared. I ve gone through hell to come out this end and I dont want to lose everything again.

    ps: I have been told by a financial adviser to send a letter that states the accounts are statute barred after going through my credit record from Experian. now I dont know what to do. I would greatly appreciate any help I could get in this matter

  2. #2
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    Default Re: Lowel portfolio CCJ shopdirect

    Hi eryca03

    Is there an issue date on the court claim form? If so, what is it?
    Is there an 8-character claim reference no.?
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    This is only my opinion - "
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    Default Re: Lowel portfolio CCJ shopdirect

    I think there is Starting with DH0.... but not sure about the numbers and letters. It also states date of birth but there is no actual date of birth stated. the whole thing looks fake if am honest, but as I ve not been dealing with anything like this before I really have no idea. I am at work at the min so I ve not got it with me.

    I have sent a letter back to the court 2x stating that the account they are referring to is older than 6 years and I will need proof if I am wrong . they have said they did not received my first letter and Lowell portfolio stated that it is still valid and only goes out of date in May (they have not proved anything yet) The court basically said I will need to ask Lowell portfolio about this and I can appeal against it.

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    Default Re: Lowel portfolio CCJ shopdirect

    Is there a CCJ for this ? if so writing to court will do nothing you will have to go through a set aside application this is the only way to get the CCJ removed

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    Default Re: Lowel portfolio CCJ shopdirect

    Yes there is a CCJ. What is a set aside application?

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    Default Re: Lowel portfolio CCJ shopdirect


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    Default Re: Lowel portfolio CCJ shopdirect

    This is the ccj I have received and the letter from Lowell portfolio
    Attached Images Attached Images
    Last edited by Kati; 16th March 2017 at 09:24:AM.

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    Default Re: Lowel portfolio CCJ shopdirect

    Can anyone help please ...

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    Default Re: Lowel portfolio CCJ shopdirect

    I am supposed to start paying on 24th of March but I don't really want to do this unless I ll get a confirmation that I do ow the amount. Requested a CCA as I thought the account was statute barred as this is what was stated on my credit record.I could really use some help here please ��

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    Default Re: Lowel portfolio CCJ shopdirect

    tagging @Diana M (as she's online ) 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

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    Default Re: Lowel portfolio CCJ shopdirect

    Quote Originally Posted by eryca03 View Post
    the court also denies my letter I have sent to them to defend myself - which is probably my fault as I have only sent it by first class.
    Do you mean that you filed your Defence (however casual it may appeared to have been) after the court deadline?

    If so, do you have any evidence (such as Proof of Posting from the post office) that you sent it within the deadline?

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide 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

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    Default Re: Lowel portfolio CCJ shopdirect

    I have basically been notified that I am going to a court and I have sent a letter to them stating that the debt they are trying to take to the court with has expired a long time ago. The court did not respond only to tell me that decision has been made and I have to pay £50/month from now on every month to Lowell portfolio. When I have replied the court said they have not received anything from me and I will have to deal with Lowell portfolio from now on. I have sent Lowell portfolio the same letter that the debt is statute barred and the answer was that it is not. No proof has been given. So I have sent a CCA around the 7th of March but so far I have not received anything. The court did say there is something I can do.

    - - - Updated - - -

    Oh there is no evidence of the first letter to the court as I ve sent it first class but I will double check again tomorrow to be sure.

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    Default Re: Lowel portfolio CCJ shopdirect

    Yes you can make an application to set aside the judgment. Did you say the debt was statute barred in the defence the court say they didn't receive?

    Did the court receive the defence at all ?
    I am a solicitor who specializes in consumer credit and my firm is Joanna Connolly Solicitors. My leading case of Carey v HSBC set the legal precedents for creditors compliance with s.77 & 78 Consumer Credit Act 1974 statutory requests & enforcement of debts in court. 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 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

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    Default Re: Lowel portfolio CCJ shopdirect

    Basic info on set aside - http://legalbeagles.info/forums/show...lication-notes

    Do you have a copy of the defence letter you sent to the court and/or Lowell ? Any postage receipt at all ?
    “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.

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    Default Re: Lowel portfolio CCJ shopdirect

    I will post the letter I have sent and see if I will have a receipt soon as I get home. I can also post Lowell portfolios answer after I have contacted them. I do appreciate your response

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    Default Re: Lowel portfolio CCJ shopdirect

    Quote Originally Posted by eryca03 View Post
    I will post the letter I have sent and see if I will have a receipt soon as I get home. I can also post Lowell portfolios answer after I have contacted them.
    Can you just clarify did you write to the court after you received the claim form or after your received the Default Judgment (CCJ)

    Can you clarify if the letter you sent to Lowells saying the debt was statute barred was sent to them after you received the claim form or after you received the Default Judgment (CCJ).

    Was Lowells answer to your letter sent before or after the Default Judgment (CCJ) was obtained?

    It's important to establish what you sent to whom and at what stage in the proceedings.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide 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

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    Default Re: Lowel portfolio CCJ shopdirect

    I have sent all the response to the court and Lowel after the the default judgement.

    i have no receipt for the 1st letter to the court i didnt get one from post office

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    Default Re: Lowel portfolio CCJ shopdirect

    So Shop direct as a credit card has been taken out 1/11/2008 and i have left about £708 left to pay when i became redundant in 2010 and couldn't pay anything back. Lowel portfolio took that amount and increased it for £1024. can they do that? there was no response from me at all up until the CCJ and yes i have send a letter after the judgement to the court and Lowel portfolio that the debt is statute barred. now I know I have definitely done it wrong. I should have defended myself earlier.

  19. #19
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    Default Re: Lowel portfolio CCJ shopdirect

    It would appear that you sent your CCA request after the date on the default judgement (1st March).
    Can you confirm?

    Also, prior to the court claim being issued, did you write to Lowells informing them that it was SB?
    If so, do you have proof of posting? Or perhaps a reply letter from Lowells?
    Last edited by charitynjw; 17th March 2017 at 12:25:PM.
    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

  20. #20
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    Default Re: Lowel portfolio CCJ shopdirect

    Until the ccj came through I had no communication with this company what so ever.

  21. #21
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    Default Re: Lowel portfolio CCJ shopdirect

    Lowell portfolio was sending me letters every week but I have never responded.

  22. #22
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    Default Re: Lowel portfolio CCJ shopdirect

    Yes I have sent CCA after the date of judgement and there was no communication from my side before the ccj

  23. #23
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    Default Re: Lowel portfolio CCJ shopdirect

    Apologies for belabouring the points.
    As I understand it
    Lowells sent you several letters prior to the court claim.
    You didn't respond to them.
    At some point, possibly during February 2017, a rather large, imposing court claim pack, probably via Northampton County Court Business Centre, was received by you.
    You didn't respond or acknowledge it.
    You received notification of a default judgement from NCCBC in (very) early March.
    You subsequently responded with a statute-barred letter (to whom?) & a CCA request (to Lowells).

    Is my understanding of events correct?
    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

  24. #24
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    Default Re: Lowel portfolio CCJ shopdirect

    Yes that's correct. I have sent the SB letter to the court but they have advised me to talk to Lowell portfolio. So I ve sent the same SB letter to Lowell portfolio and they have responded saying I have been ordered to pay £50/month by the court and according to their records the debt isn't statute barred. That's when I have responded with a CCA about 11-12days ago now and I ve heard nothing from them since.

  25. #25
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    Default Re: Lowel portfolio CCJ shopdirect

    if you are 100% sure SB then you would need to N244 set aside and Pay £255 into court with the form, but check on here your reasons for set aside is eligible for set aside =read threads on same subject many on here!

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