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Thread: Setting aside a CCJ - Lowell

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  1. #51
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    Default Re: Setting aside a CCJ - Lowell

    ALERT Case number etc showing

  2. #52
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    Default Re: Setting aside a CCJ - Lowell

    No Panic I've modded it.

    Just having a read through now Mc xxxx
    “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

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  3. #53
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    Default Re: Setting aside a CCJ - Lowell

    Quote Originally Posted by MIKE770 View Post
    ALERT Case number etc showing
    Quote Originally Posted by Amethyst View Post
    No Panic I've modded it.
    and I've redacted it and put it back up lol xx
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

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  4. #54
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    Default Re: Setting aside a CCJ - Lowell

    I wasn't joking about it being a very rough draft btw I think we are correct not going into detail about the possibility of it being an overdraft - if the claimant provides evidence of it being an OD and not being Stat Barred then you can amend defence to argue unfair charges / account closure etc etc. For now this will likely be enough though.

    So some notes...

    Para 1: add in the short version for clarity - then you're fine using it onwards.

    ... Particulars of Claim (POC)despite requests to the Claimant. ...


    Also can you split the para and renumber all as it's a bit long. Maybe...

    1: The Defendant did not receive the original claim xxxxxxxxxx from Northampton County Court or the Claimant. Judgment in Default was awarded to the Claimant however this judgment was set aside at a hearing and this Defence is submitted pursuant to the order of District Judge Stacey on 03/04/2017.

    2: The Defendant has still not received a copy of the original Particulars of Claim (POC) despite requests to the Claimant. Two email requests have been made to The Northampton Business Centre requesting copies the POC. The Defendant has not received a response.





    Para 4:

    4: The Defendant has sent a formal Subject Access Request under the Data Protection Act 1998to Lloyds Bank Plc as original creditor, in order to find out more information relating to this claim, and is awaiting a full response.

    Para 7:

    7. Neither Lowell Solicitors and Lowell Financial LTD have provided me with any of these documents.

    Para 8: change to 77-79 as you don't know if its a credit card or a loan , or even a hire purchase agreement, so just cover all of them.

    8. On the 24/4/17 I sent a formal request for a copy of the original agreement to Lowell Financial Ltd pursuant to sections 77-79 of the Consumer Credit Act 1974 along with the statutory £1 fee.


    Para 9: Same as in 8 slightly amended.

    9. The Claimant has failed to comply with my formal request under s. 77 - 79 of the Consumer Credit Act and therefore cannot enforce the agreement.
    Last edited by Amethyst; 27th April 2017 at 12:50:PM.
    “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

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  5. #55
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    Default Re: Setting aside a CCJ - Lowell

    Quote Originally Posted by Kati View Post
    and I've redacted it and put it back up lol xx
    Thank you my lovely xx
    “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

    ****If you upload documents to your thread, please ensure you have redacted any personal data FIRST***

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  6. #56
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    Default Re: Setting aside a CCJ - Lowell

    Oops missed your question. Yes a copy will need to be sent ( served) on the claimant at the same time you send the orginal copy to the court. Very brief cover letter - Dear Lowell, Please find enclosed the Defence in Claim XXXXX pursuant to the order dated xxxxxxxxx by D J Stacey. Sincerely, MC. Will do fine.
    “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

    ****If you upload documents to your thread, please ensure you have redacted any personal data FIRST***

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

    Find Solicitors and Legal Services Providers offering fixed fees on our sister site - LBcompare.co.uk

  7. #57
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    Default Re: Setting aside a CCJ - Lowell

    Thank you @MIKE770 for the heads up with regards the case number, I hadn't realised this was to be redacted also.Thanks @Kati for fixing this. I've also gone back and removed all my attachments as they all had the case number showing. @Amethyst, post #43 is the only one i couldn't remove, as it is your post, this has the claim number on the top, I assume this will need to go too?

    Thank you @Amethyst for the amendments, I've incorporated them in to the defense and have added the updated attachment. Your draft copy is 100 times better than I could ever come up with

    If all is good by you i will print and send....?

    Thanks again

    Kind regards

    Anthony
    Attached Files Attached Files

  8. #58
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    Default Re: Setting aside a CCJ - Lowell

    I'm not in a position to comment on your proposed Defence ( I have to respect my firm's insurance) but keep in mind that this document will be signed and sworn by your wife since it's her claim so make sure she's in total agreement with the contents.

    If you plan to say that you have asked the Claimant for the POC then you need to make sure you have evidence of that (was it by email?) in case you're challenged on this point further down the line. (You don't need to produce the evidence at this stage.) Maybe I've misunderstood post # 48 which is your response to my question about asking the Claimant's solicitors for the POC.

    Also quiz your wife on what she said in court about the debt (if she did). It may be awkward to deny knowing anything about the Lloyds account if she's already told the court it was an overdraft etc.

    You previously posted that the DJ at the last hearing nudged her in the direction of three possible Defence arguments. One of them was SB. So did she raise the SB issue at that hearing (which would have been recorded) and if so did she tell the court that it was a bank account she was referring to?

    The legal representative for the Claimant would have made a note of what was said and provided the information to the Claimant.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forum’s site rules don’t allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk . Our initial advice is always free.

    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

  9. #59
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    Default Re: Setting aside a CCJ - Lowell

    Hi @Diana M

    You are correct with regards #48, I have removed the part of the paragraph now that mentions claimant and poc, but have left the request to Northampton Business centre in.

    I have just found the email address for there solicitors, i can ask her to email when i get home. still worth it? If so i will still leave that in...?

    with regards what she said in court, she did mention an overdraft, although with nothing from Lloyds and with it being such a long time ago she was making an educated guess, hopefully, rather than admitting liability. She was very flustered and overwhelmed during the course of the session. we had expected for us both to go in and she was under prepared.

    i don't think she raised the SB as she didn't know what that meant.

    Kind regards

    Anthony

  10. #60
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    Default Re: Setting aside a CCJ - Lowell

    Most LIPs get flustered in court. That's what the other side are hoping for.

    As I said earlier it's a pity you didn't agree a Consent Order for the set aside with the Claimant especially since they didn't oppose your Application (from what you've said).

    That way you'd have avoided the ordeal of a hearing and could have continued playing smoke and mirrors with the Claimant over documents.

    What matters at the moment is your wife must be comfortable with what her Defence says.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forum’s site rules don’t allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk . Our initial advice is always free.

    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

  11. #61
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    Default Re: Setting aside a CCJ - Lowell

    The thing is they agreed to have it set aside. the representative told us that in the waiting room (first we knew of their plans). Then during the hearing the rep told the judge that we had all agreed to have it set aside. Again our own lack of prep and knowledge is to blame for not asking for a consent order.

    Once the defence is submitted i intend to start planning for what is needed at the next hearing. we will make sure we have a babysitter so we can both go in this time. we will also run through this a few times so my partner is happy with it all.

    Thank you for all your help so far

    Anthony x

  12. #62
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    Default Re: Setting aside a CCJ - Lowell

    Evening all, we now have all the paper work back from the court and could do with some advice in what to do next. I've attached the two forms from the courts, the first confirming the set aside, the second is a notice of proposed allocation to the small claims track. this one has to be filled in and sent back to court and lowell by the 30th. what should i write in each section? @Amethyst @Diana M your help would be greatly appreciated here.

    We also got 2 letters from lowell. First the reply to the CPR. This was dated the 4th of may, which was our defense deadline (although the date stamped on envelope was actually the 5th). This letter was accompanied with a letter from 2013 that states that they had bought the debt from lloyds. a funny thing was the address on it. they'd sent it to a more recent address my partner had lived in than the one they used for court case, even though court case was a year later! not sure what games they were playing there.

    Even more interesting, they also sent in the same envelope a letter addressed to another 'customer' who owed them money. I'm sure there could be an issue with data protection here?

    The second letter just states they're getting in touch with Lloyds for my partners details.

    I've attached all correspondence. If you need any more info please let me know. Again thank you for your help!!

    Kind regards

    Anthony
    Attached Files Attached Files

  13. #63
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    Default Re: Setting aside a CCJ - Lowell

    Good morning @Amethyst @Diana M.

    We've filled in the N180 as it seems like a simple form. but after reading some other cases we have in the section C1 added "The Defendant also requests special directions from the court pursuant to CPR 27.4 (a draft is attached)"

    The attached draft says
    "
    DRAFT ORDER


    Dated .................... 2017

    District Judge ................................. has considered the statements of case and directions questionnaire filed in the claim and the District Judge having decided that before a final decision about allocation can be made

    IT IS ORDERED THAT:

    1. Unless the Claimant serves on the Defendant within 14 days of the date of this Order [the documents it refers to in its statements of case, the Claim will be struck out and there be judgment for the Defendant] OR [the following documents, the Claim will be struck out and there be judgment for the Defendant:

    • original copy of the agreement
    • default notice,
    • and notice of assignment

    2. Upon the Claimant complying with paragraph 1, the Defendant is permitted to file and serve an amended Defence within 14 days."

    we have no info from them other than what is in post #62 and having seen they often fail to comply have taken this option. do you agree? and do we have to send a copy of the draft to lowell? i know we send them a copy of the N180

    We have to post this tonight as we go to devon tomorrow till the following saturday and will have limited access to internet and no printers.

    Kind regards

    Anthony

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