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Thread: Setting aside a CCJ - Lowell

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  1. #26
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    Default Re: Court Claim form Lowell Solicitors

    Quote Originally Posted by pt2537 View Post
    Or
    just tag Nem into the post.

    Ideally advice by PM should be avoided, that being said theres nothing wrong with PM'ing a member and asking them to advise on the thread
    = Exactly the suggestion

  2. #27
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    Default Re: Setting aside a CCJ - Lowell

    Hi all, Thanks for the advice, not sure how i ended up on another post, but thanks for re-arranging it!

    I'll try and clear a few things up here and if @nemisis45 @pt2537 @joanna c @Diana M @Chrisc @Amethyst could help that would be massively appreciated. This is all overwhelming so please forgive me if i ask you to explain further.


    We have no POC all we know is that a CCJ was issued in august 2014 for a debt possibly 2007 or as late as 2008.

    The original creditor was lloyds. This was transferred to Lowell portfolio 1 who applied for the ccj and won by default. we only found out about this in 2016 when a letter came through the door asking for payment of £1200. after realising what had happened we applied to have the ccj set aside as no notifications/letters had been sent to the correct address at the time. Our only defence on this was using the N244 form stating that they had not used the correct address, which they would have had if they checked.

    We were successful in having it set aside and were told we must have our defence in by 4pm on the 1st of May.

    After getting it set aside we sent a CPR request to Lowell and their solicitors, which we have had nothing back from. We also sent a SAR to Lloyds and have also had nothing back (although we didnt send a £10 postal order).
    We never sent a CCA as were advised it was not needed due to it probably being an overdraft. We also never sent anything to the courts for POC as hadn't realised we could, (my lack of knowledge).

    With the deadline being Monday, which is a bank holiday, i intend to submit our defence Wednesday by recorded delivery.

    But i with no POC and no information other than we owe Lowell £1200 for something to do with Lloyds in 2008 i am really not sure what to enter as a defence.

    Is there anything else i can do in 1 day? no time to send requests i assume?

    When i submit the defence am i right in submitting to Lowell and the court? We cant access MCOL as we have no original court letters from 2014 with the password on.

    For completion I've attached the redacted set aside order, this will have the claim number on. I've also included the CPR and SAR with personal details removed. This are ALL we have other than court date letters.

    Thank you all for any help provided, it is genuinely appreciated.

    Kind regards

    Anthony
    Last edited by Madcookie; 27th April 2017 at 11:11:AM.

  3. #28
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    Default Re: Setting aside a CCJ - Lowell

    You really do need those POC.

    Since thiis was a Default Judgment call NCCBC and see if they will email you the Case Details which is a printout from their database of the POC and all activity that followed before it was transferred to the county court to deal with your set aside Application.

    If they don't (or can't due to the time lapse) co-operate (explain the urgency) then ask the county court which dealt with your set aside for them.

    I see you attended the set aside hearing. Did you explain to the DJ that you had no idea what the claim was for since you'd not received the Claim Form?

    It's a pity the resulting Order doesn't compel them to produce the relevant documents by a specific date and then Directions for you to file your Defence 14 days later. That may have been suggested in your Draft Order if you filed that with your set aside Application?

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

    This forumís site rules donít 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

  4. #29
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    Default Re: Setting aside a CCJ - Lowell

    I also note that the Claimant sent a solicitor to the hearing. What did they argue in court?

    Did the Claimant file a WS before the set aside hearing? If so what did it say?

    I see no harm in you asking the Claimant's solicitors for a copy of the claim form. Do this in writing asap. If you get no response then you may wish to refer to that in your Defence. Also email a copy of your letter to them due to the time restraints.

    I wish I had seen your thread earlier

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

    This forumís site rules donít 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

  5. #30
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    Default Re: Setting aside a CCJ - Lowell

    If you're Defence is due on the 1st May and that's a Bank Holiday (it is isn't it)?) then you can file it by 4 pm the following day.

    Since you don't know for sure that the claim is for an overdraft (because you've not seen the POC) I would send a s 77-79 CCA Request asap to Lowells. If it's not relevant there's no harm done except a wasted £1 postal order and the cost of postage.

    It's the Claimant's job to prove their case not your job to tell the court what it is they're attempting to claim. So don't refer to the possibility of it being an overdraft in any correspondence.

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

    This forumís site rules donít 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

  6. #31
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    Default Re: Setting aside a CCJ - Lowell

    Hi @Diana M , thanks for quick replies!

    In response:

    I never attended the actual hearing, this is for my mrs and i couldn't go in as we had our baby there (had no one to look after her). I'm not sure if she mentioned the lack of POC but i imagine not as she was quite panicked and overwhelmed. Lowell never sent a solicitor but a 'representative'. They never argued in court but actually said they agreed to have it set aside. I'm not sure what a WS is so i guess we don't have one.

    She said that the DJ did say she may want for her defence to consider either statute barred, saying the claim is less than the amount asked for or that its not her debt (although he said this is probably not an option as she had said about her account with lloyds). This means they know its probably an overdraft as she said that is the only thing it could be, although we haven't put this in writing anywhere.

    After reading your replies we have contacted NCCBC, they said nothing could be done online as its now at county court (trying to access mcol) and that they could give us the POC at a cost of £10. This had to be done via an email request, which we have now done and are waiting for a reply.

    I will have a CCA typed up before i leave work and signed/posted special deliver today, to both the addresses we have.

    Kind regards

    Anthony

  7. #32
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    Default Re: Setting aside a CCJ - Lowell

    @Diana M

    I've attached the CCA that we are going to send. As we have no account number I've used the claim number from the court. do you think that would be sufficient?

    Kind Regards

    Anthony
    Last edited by Madcookie; 27th April 2017 at 11:12:AM.

  8. #33
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    Default Re: Setting aside a CCJ - Lowell

    I would suggest you send the CCA Request template used by members of this forum here >

    http://www.legalbeagles.info/forums/...=7670#post7670

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

    This forumís site rules donít 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. #34
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    Default Re: Setting aside a CCJ - Lowell

    Quote Originally Posted by Madcookie View Post
    Lowell never sent a solicitor but a 'representative'. They never argued in court but actually said they agreed to have it set aside.
    If the Claimant didn't contest your Application for a set aside, why didn't they simply consent to it without the need to go to court - or weren't you advised to ask them if they were willing to do that (consent)?

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

    This forumís site rules donít 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

  10. #35
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    Default Re: Setting aside a CCJ - Lowell

    Quote Originally Posted by Diana M View Post
    I would suggest you send the CCA Request template used by members of this forum here >

    http://www.legalbeagles.info/forums/...=7670#post7670

    Di
    I took the template from there, the lengthy version near the bottom of the first post. would you recommend the first template, the shorter one? I've attached what i have got to send if so...

    As for the consent, we never spoke to Lowell at all before it was set aside, just the court through the N244 form. we had no correspondence after submitting that form other than the court setting dates.

    Kind regards

    Anthony
    Last edited by Madcookie; 27th April 2017 at 11:12:AM.

  11. #36
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    Default Re: Setting aside a CCJ - Lowell

    Quote Originally Posted by Madcookie View Post
    I'm not sure what a WS is so i guess we don't have one.

    She said that the DJ did say she may want for her defence to consider either statute barred, saying the claim is less than the amount asked for or that its not her debt (although he said this is probably not an option as she had said about her account with lloyds). This means they know its probably an overdraft as she said that is the only thing it could be, although we haven't put this in writing anywhere.
    Sorry I should have said Witness Statement not just the initials WS.

    I was asking to see if Lowells had sent you any clues/evidence about the claim if they had filed a WS in relation to your set aside Application.

    I can only assume the DJ saw the POC because they should have been in his file/Bundle.

    From what you say he gave some pointers as to what your wife might plead in her Defence but they could have just been hypothetical examples of the sort of things she could argue (if applicable).

    It also appears that she may have told the court that it was an overdraft (in front of Lowells' representative). Does she recall doing that and does she recall what the representative said in response (if he did)? Was it agreed in court (common ground) that it was an overdraft?

    If it's been established in court that it was an overdraft then it's possibly futile to send the CCA Request now. I was looking to throw a curved ball especially if Lowells didn't know what the balance outstanding was for.

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

    This forumís site rules donít 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

  12. #37
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    Default Re: Setting aside a CCJ - Lowell

    Quote Originally Posted by Diana M View Post

    It also appears that she may have told the court that it was an overdraft (in front of Lowells' representative). Does she recall doing that and does she recall what the representative said in response (if he did)? Was it agreed in court (common ground) that it was an overdraft?

    If it's been established in court that it was an overdraft then it's possibly futile to send the CCA Request now. I was looking to throw a curved ball especially if Lowells didn't know what the balance outstanding was for.

    Di
    I'm not sure is the honest answer. even if she did say it was an overdraft, she is only making an assumption surely as we still do not know what the original debt is for?

  13. #38
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    Default Re: Setting aside a CCJ - Lowell

    @Diana M, @Amethyst,

    Hi both

    My partner went into Lloyds today and got their information with regards the claim. lets just say it was not what we expected.

    There was no evidence of the account being closed, quite to the contrary, it was open up to June 2009. We have all the statements from jan 2007, upto June 2009, when it appears to have been transferred to a debt collection department, with an outstanding balance of £958.60. No mention of Lowell there though.

    The last time it appears she has made any in/out of the account was a withdrawal of £100 on 16th October 2007, which left the balance at £715.05, other charges were interest up till the account was closed.

    Now we know this does it change our defence? She is adamant she went in to lloyds 2007/2008 and closed the accounts, yet the evidence doesn't back this up and she has no way of proving it.

    What do we write as her defence?

    She has had no letters from Lloyds/Lowell showing the debt was sold/transferred. The account was closed 2009, which is over the 6 years required for it to be Statute Barred. Is this correct and would this be a valid defence?

    We have to write it up and post it by Thursday at the very latest i would guess, so not a lot of time to do this.

    We have been in to the court too today and the said we have to email for the POC. We did this yesterday and have heard nothing back yet, so still don't know what Lowell are claiming for.

    Kind regards

    Anthony

  14. #39
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    Default Re: Setting aside a CCJ - Lowell

    Okay. I think it needs looking into further then - did you send a formal SAR into Lloyds ?

    Seems likely this is for the same account ( although they still should evidence that) as a closing balance of £950 would easily turn to £1200 with dca's and a court claim.

    The balance of £715.05 was overdrawn ? To make the withdrawal of £100 was that within the Overdraft authorised limit ? (is that stated on the relevant statement ? )

    If she went to close the account and there was an overdrawn balance of £700 odd then they wouldn't have allowed her to close the account down until that was repaid. Particularly if that was already over any overdraft limit.

    I know it was a long time ago but do the transactions made around that time make sense and jog any other memories about why the account was to be closed ?

    If the account was closed in June 2009 and no contact/acknowledgment/payment was made to do with the account since then then yes it would be statute barred.
    ďWe may not win by protesting, but if we donít protest we will lose. If we stand up to them, there is always a chance we will win.Ē 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: Setting aside a CCJ - Lowell

    Thanks for the quick reply @Amethyst.

    The £715.05 was the account overdrawn balance at the end of that month, it had an overdraft limit of £750 so at that time still with in the agreed limit. The statements up till June 2009 show monthly applied interest leading to the closing balance of £958.60, which I guess would be right if the account was never closed properly. The fact it doesn't show any money going in around the time she says she closed it is weird but it's that long ago she has nothing to prove she went in and closed it.

    As for other withdrawals, there is only 1 other before that, which was a withdrawal of £400 in September 2007. No more before that. Both were over the counter.

    So if we are right I can argue that it is statute barred now as she has not had anything to do with this account since it was closed in 2009. How do I go about arguing this?

    And do we just send the defence in a letter to the court/Lowell? We have no forms.

    Kind regards

    Anthony

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    Default Re: Setting aside a CCJ - Lowell

    She may not have any evidence, but there will be screen notes or something - maybe an appt with the customer manager etc ? which SHOULD show up on a full SAR disclosure. The issue is unless she went in to close it with £750 odd cash in hand to pay up the overdraft she wouldn't have been able to close it. There would have had to be some discussion around how to repay that debt before they'd allow closure. So I'm not sure it will help unless she can remember anything else about the conversation at the bank when she tried to close the account?

    So you've been ordered to file and serve your defence following the set aside - have you had the order in writing from the court yet ? Blooming tricky without the POC or any documents at all, but we just put that.

    Can you pop on here the text from your set aside app and any defence? you put in with that. Just to make sure everything tallies up.

    Will give you a hand in the morning xxx

    Oh statute barred would be roughly....

    The Defendant contends that any alleged debt is statute barred by virtue of paragraph 5 of the Limitations Act 1980 in that there has been no payment or acknowledgment of the debt for at least six years prior to the issuance of the original claim in this case.

    which refers to this
    Quote Originally Posted by Limitation Act
    Actions founded on simple contract
    5 Time limit for actions founded on simple contract.

    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.
    ďWe may not win by protesting, but if we donít protest we will lose. If we stand up to them, there is always a chance we will win.Ē Hetty Bower

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

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  17. #42
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    Default Re: Setting aside a CCJ - Lowell

    Quote Originally Posted by Amethyst View Post
    you've been ordered to file and serve your defence following the set aside - have you had the order in writing from the court yet ?
    It's uploaded in post # 27 but it doesn't show when I re-quote the post

    The OP has until 1st May to file their Defence which is Bank Holiday Monday so Tuesday 2nd May by 4 pm may be an option for them.

    There's still hope that they can get the POC emailed to them before then.

    Quote Originally Posted by Madcookie View Post
    We were successful in having it set aside and were told we must have our defence in by 4pm on the 1st of May.

    . . . I've attached the redacted set aside order
    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít 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

  18. #43
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    Default Re: Setting aside a CCJ - Lowell

    Ahh perfect. Mad isn't it that you can go through a set aside hearing and have it granted without ever having had sight of the original claim - it just makes no sense for the court not to simply provide a copy from their system when the application is made.

    Far too many Bank Holidays this year

    Here
    Last edited by Amethyst; 27th April 2017 at 12:21:PM.
    ďWe may not win by protesting, but if we donít protest we will lose. If we stand up to them, there is always a chance we will win.Ē 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: Setting aside a CCJ - Lowell

    Madcookie, You know when you went into the bank to get the information on the account, was that actually you picking up the SAR information requested? Just thinking that, if it was, I'd be writing again stating that you'd like the notes on account/screen notes etc as well....as they may clear up some of the confusion around the closure of the account that may or may not have occurred.
    ďWe may not win by protesting, but if we donít protest we will lose. If we stand up to them, there is always a chance we will win.Ē Hetty Bower

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

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

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    Default Re: Setting aside a CCJ - Lowell

    Good morning @Diana M, @Amethyst.

    On the N244 form we asked them in section 3 to set aside judgment because she had never received any court summons or letters stating that money was owed to Lowell. The first she knew was found out on a credit report 2 years later.

    The defence we put in (section 10 on N244) to gain the set aside was:

    "I moved to ###### in 2012, starting work in September 2012. My credit report even shows this 6 months before the CCJ was issued.
    The letters I have since received, say I originally owed Lloyds this debt. I don't recall having any accounts with them since 2007 when i left the country to go traveling for 6 months."

    That was it with regards a defence.

    We still have no POC even with 2 emails, 1 phone call and a court visit this week. I will ask her to call again this morning.

    I never got in to the hearing last time and we never requested a POC at the hearing, our mistake.

    With regards Lloyds, the Mrs went in yesterday and asked for this information. It was not part of the SAR, we have heard nothing back from that letter. What we got was just the monthly account statements from 2006 till it closed 2009. They didn't charge for this information. Do i need to ask her to go in again today? Would they be able to give the required SAR information same day? I was hoping to write her defence today and post it tomorrow...

    Kind regards

    Anthony

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    Default Re: Setting aside a CCJ - Lowell

    You'll need to request the SAR, along with the £10 fee directly with their DSAR team. The details can be found half way down HERE

    Under the Data Protection Act you have the right of access to your personal data. The Act allows us to charge a fee of £10 for this service. If anything is inaccurate or incorrect, please let us know and we will correct it. For further details on how to request a copy of your information, please write to the:
    DSAR Unit
    Lloyds Bank
    Customer Service Recovery
    Charlton Place, C57
    Andover, SP10 1RE


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    Default Re: Setting aside a CCJ - Lowell

    Quote Originally Posted by Diana M View Post
    I see no harm in you asking the Claimant's solicitors for a copy of the claim form. Do this in writing asap. If you get no response then you may wish to refer to that in your Defence. Also email a copy of your letter to them due to the time restraints.
    Did you go ahead with my earlier suggestion to get the POC from the solicitors?

    And did you receive any response to your premature CPR 31.14 Request?

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

    This forumís site rules donít 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

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    Default Re: Setting aside a CCJ - Lowell

    Thanks @CharlieP, I wrote in to lloyds requesting the SAR with in the first week of the judgement being set aside, have heard nothing back as of yet, and i imagine its too late to write in again with the defence needing to be posted tomorrow

    Hi @Diana M,

    We have had nothing to indicate they are using a solicitors so far. The person who came to the hearing was introduced as their "representative" like an agent my Mrs told me. We can put a request in the post tomorrow to the solicitors address that @Amethyst posted earlier in the thread (One of the addresses we sent a CPR to) if you think its a good idea? But it will get there about the same time as our defence now, so maybe no use?

    With regards the CPR Request, we've had nothing back.

    I'm about to start her defence, need to post it tomorrow as I'm away Friday-Sunday and will not get an opportunity to do it then.

    As a brief outline of what i intend to state:

    • We have had no POC and are making assumptions on what the original Lloyds debt is,
    • Lloyds have not provided the information requested Via SAR, only a basic account statements,
    • We have not received any correspondence from Lloyds saying the debt had been sold to Lowell,
    • Lowell have not provided CCA and CPR even after requested,
    • The debt we believe it is, is Statute barred as it was closed in 2009 and no payments or withdrawals have been made since 2007.


    Do you think this is all correct? can you give me any pointers? I will post up her defence tomorrow before lunch.

    Oh and do we just print it off normally, citing claim number on it? I assume a signature is required too?

    Kind regards

    Anthony

  24. #49
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    Default Re: Setting aside a CCJ - Lowell

    That sounds like a good start

    We have had no POC and are making assumptions on what the original Lloyds debt is,
    Lloyds have not provided the information requested Via SAR, only a basic account statements,
    We have not received any correspondence from Lloyds saying the debt had been sold to Lowell,
    Lowell have not provided CCA and CPR even after requested, check the template defence and use bits from that for yours
    The debt we believe it is, is Statute barred as it was closed in 2009 and no payments or withdrawals have been made since 2007.

    Defence Layout - as per this - http://legalbeagles.info/forums/atta...1&d=1407491762

    So example ( VERY ROUGH TO GIVE YOU A STARTING POINT )

    1: The Defendant did not receive the claim [Claim Number] from the [Name of Court - often Northampton or Salford] County Court or the Claimant. The Defendant has still not received a copy of the original Particulars of Claim despite requests to the Claimant. probs expand this to state about having the judgment set aside at hearing and this defence is submitted pursuant to the order of District Judge XXXX dated xxxxxxxxxxxxxxxx

    2. The Defendant is embarassed and is unable to plead effectively to the claim. This Defence is based on the the Defendants own detective work as there has been no information at all provided by the Claimant.

    3: This claim appears to be for an agreement regulated under the Consumer Credit Act 1974 held between Lloyds Bank Plc and the Defendant. The Defendant has held various products with Lloyds Bank Plc in the past.

    4: The Defendant has sent a formal Subject Access Request to Lloyds Bank Plc as original creditor and is awaiting a full response.

    5. With regards to any debts owed to Lloyds Bank Plc, which is denied, it is contended by the Defendant that any liability will be statute barred by virtue of section 5 of the Limitations Act 1980. The Defendant changed their banking in 2009 and has had no further contact with the bank and has not acknowledged nor made payment to the alleged original creditor nor any third party. The Defendant has checked her own records and can not see any payments made to, or withdrawals made or received from the bank after xxxxxxxx 2007.

    6: On the [Date] I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to [Claimant's Solicitor]. I requested the Claimant provide copies of the [Agreement, Default Notice and Notice of Assignment] .

    7. [Claimant's Solicitor] has not sent any of these documents to me.

    8. On the [Date] I sent a formal request for a copy of the original agreement to [Claimant] pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

    9. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

    10. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

    11. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

    12. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

    16. It is denied that the Claimant is entitled to the relief as claimed or at all.

    Statement of Truth

    The Defendant believes that the facts stated in this Defence are true.



    Signed …………………………………………

    Dated .................................................. ....
    ďWe may not win by protesting, but if we donít protest we will lose. If we stand up to them, there is always a chance we will win.Ē Hetty Bower

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

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  25. #50
    Join Date
    Mar 2017
    Posts
    27
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    0 Post(s)

    Default Re: Setting aside a CCJ - Lowell

    Good morning @Diana M , @Amethyst , Thanks for your reply.

    I've written the defense and have added it as an attachment. Will you please have a look through and see if i need to amend anything?

    I believe i have to send this to the court and lowell. Is this correct?

    If so do i just send one to the PO BOX address they gave or should i do that, plus the solicitors and normal lowell address @Amethyst
    posted?

    Again thank you for your help, you've been fantastic through out this!!!

    Kind Regards

    Anthony
    Attached Files Attached Files
    Last edited by Kati; 27th April 2017 at 09:29:AM. Reason: redact pdf

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