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Thread: Lowell Portfolio Ltd v Studly

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  1. #1
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    Default Lowell Portfolio Ltd v Studly

    Hello,

    My partner has received a CCJ claim from Northampton CCBC, dated 15 Mar 17 for approx. £900. The basic details are as follows;
    Claimant :Lowell Portfolio Ltd, Leeds
    Solicitor : Cohen Cramer Solicitors, Leeds
    Original Creditor : J D Williams Group (Mail Order Catalogue)

    Particulars of Claim:

    Claim is for the sum of (£) due by the Defendant under an agreement regulated by the CCA 1974 for a JD Williams Account with an account reference of ********. The Defendant failed to maintain contractual payments required by the agreement and and a Default Notice was served under s.87(1) of the CCA 1974 which has not been complied with. The debt was legally assigned on dd/mm/yyyy, notice of which has been given to the defendant. The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum form the date of assignment to the date of issue of these proceedings in the sum of (£). The claimant claims the sum of (£).

    My partner does not acknowledge the debt and believes strongly that this is now statute barred as no written acknowledgement has been made with the creditors, or payment made in her knowledge since at the latest Nov 2010.

    We intend to submit the acknowledgment of service tomorrow via MCOL and we have drafted a CCA and CPR letter but would be grateful for any assistance in the fine tuning of these letters, specifically in the documents to request (mentioned?) and subsequent advice for defending the claim.Many thanks in advance, all help will be appreciated!
    Last edited by studly; 21st March 2017 at 12:33:PM.

  2. #2
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    Default Re: Lowell Portfolio Ltd v Studly

    Hi studly & welcome to LB.

    For the CCA request re a catalogue account, s78 is applicable.

    For the CPR request, ask for the agreement, the Default Notice, the Notice of Assignment & a cheeky ask for the Deed of Assignment.
    Your defence will be due latest 33 days (28 + 5 for posting) from the issue date on the N1 court claim form.

    Also, SAR the original creditor for all data held by them.
    http://www.legalbeagles.info/forums/...quest-template

    Re statute-barred, the relevant date is not 6 years from the last payment, it's 6 years from when the agreement was officially defaulted/terminated (typically 3 months or so from the last payment).
    Last edited by charitynjw; 20th March 2017 at 07:16:AM.
    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
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    Default Re: Lowell Portfolio Ltd v Studly

    Morning! Thanks for the quick response! :-)
    The default date on the credit file is 9 Sep 2011, which seems quite a long time after the last payment made, so therefore the statute barred defence may not hold then :-(. Will amend documents to suit and get them sent off as advised.
    Many thanks

  4. #4
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    Default Re: Lowell Portfolio Ltd v Studly

    The default date on CRA records is not necessarily a reliable indicator.
    More important would be the date of the s87 Default Notice.
    The SAR should reveal that.
    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

  5. #5
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    Default Re: Lowell Portfolio Ltd v Studly

    Hi charitynjw,

    SAR posted to JD Williams this afternoon, along with CPR and CCA requests to the solicitor and Lowells respectively. Just about to logon and acknowledge the Court claim. I guess it's just a waiting game now ....

    Many thanks again! ��

  6. #6
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    Default Re: Lowell Portfolio Ltd v Studly

    P.s. Just one last thing ... Should I send the standard Statute Barred letter to Lowell at this stage, asking for proof to the contrary, as I suspect this may be a relevant defence? @charitynjw @Amethyst
    Last edited by studly; 22nd March 2017 at 12:20:PM. Reason: too long winded!

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    Default Re: Lowell Portfolio Ltd v Studly

    Although an SB defence puts the initial onus on the Claimant to prove that it is not SB, it would be wise to provide irrefutable evidence that it is SB.
    The SAR may show it, historic bank accounts (often available from the bank for a few pounds) & possibly personal files from years ago.
    But regardless, do submit SB as a part of the defence when time comes to file it.
    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

  8. #8
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    Default Re: Lowell Portfolio Ltd v Studly

    Ok, so I shouldn't send the SB letter to Lowells yet then, just submit it as part of my defence until I get documents etc?

  9. #9
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    Default Re: Lowell Portfolio Ltd v Studly

    You have contacted me regarding the subject account above, in which you claim monies owed. I do not acknowledge this account or debt to you or any other company or organisation that you may
    claim to be representing.

    I would point out that under the Limitation Act 1980 Section 5 states that “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

    Unless you are able provide strict proof and evidence of payment by myself or written acknowledgement of the debt from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are unable to take any court action against me to recover the alleged amount
    claimed.

    Should you proceed with court action I must inform you that I shall vigorously defend this action in court citing the Limitation Act as part of my defence.

    For the avoidance of doubt strict proof should include how any alleged payment was made, from which bank account it was allegedly made from and the name of the person who allegedly made any deposit.

    If you are unable to provide this information I will require a written explanation. Please be aware that I will also require you to provide this proof in any court should you attempt legal action.

    Your attention is drawn to rules 7.15.7 and 7.15.8 of the FCA Consumer Credit Source book (CONC), rules which I understand you are legally obliged to adhere to, and that compliance with which is a condition of your FCA Licence.

    I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed

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