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Thread: Lowell portfolio county court claim on statute barred debt

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    tony26's Avatar

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    Default Lowell portfolio county court claim on statute barred debt

    Hello i've received a county court claim for a debt with vanquis credit card that i have not paid any money to since 2009 , for the amount of £726. , i was made disabled by a bad accident around the same time and could not work , since 2009 i have various dca's who were pursuing me for this debt but i have never responded to them ,Lowell portfolio bought the debt on the 11/07/2012 and have also been sending me letter's etc., i ignored them as i knew that the debt was now statute barred as my son had informed me of the law. Then just two days ago i was shocked to receive a county court claim , i have been on the moneyclaim website and registered like it says on your guidelines and signed up for another 28 days , i have clicked the box for the one that says i dispute all of the claim and now i hoping someone will tell me what i have to do to defend my position.
    Thanks in advance

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    Stu's Avatar

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    Default Re: Lowell portfolio county court claim on statute barred debt

    Hi Tony get a CCA request sent asap to the claimant Lowell's with£1 postal order signed "for statutory purpose only" <back and front> and CPR request to their solicitors no fee for cpr, it's a long waiting game this now so take a look at other defences as that will come around 33 days from the date on the claim form..

    Take a look in the green boxes at the top of the page and they're you stages ...

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    MIKE770's Avatar

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    Default Re: Lowell portfolio county court claim on statute barred debt


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    tony26's Avatar

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    Default Re: Lowell portfolio county court claim on statute barred debt

    Thanks for the information . i thought that because the debt is statute barred ,i just had to send letters stating it was statute barred and politely tell them to p#ss off.

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    MIKE770's Avatar

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    Default Re: Lowell portfolio county court claim on statute barred debt

    we all wish!

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    Default Re: Lowell portfolio county court claim on statute barred debt

    Hi Tony

    Now a court claim has been started you need to follow the process even though it is a pain.
    So as advised send a cca request to Lowell's with the fee and a CPR31.14 request to the solicitors asking for documents that are mentioned in the particulars of claim, usually an agreement, a notice of assignment , a default notice.

    It might help if you could just type out the particulars of claim on the forum so we can check.

    Whatever happens you must put your defence in by the due date which is 33 days after the date on the claim form

    Depending on what comes back I would be covering as many bases as I could so SB, maybe non compliance with a CCA request, maybe a defective DN - who knows.

    I would also think about sending a SAR to Vanquis, cost £10 but it will get you all the records they have - might show up some late payment that you had forgotten about or something equally interesting

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    tony26's Avatar

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    Default Re: Lowell portfolio county court claim on statute barred debt

    Thanks for all the information , i've sent the required letters of to Lowells and their lawyers ,so just waiting for the replies , i wonder what they'll be ? i'm hoping for a £50 Marks and spencer gift voucher

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    warwick65's Avatar

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    Default Re: Lowell portfolio county court claim on statute barred debt

    Hopefully s pile of rubbish.

    The SAR to cap 1 still needs thinking about

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    tony26's Avatar

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    Default Re: Lowell portfolio county court claim on statute barred debt

    Hi ,i've just received a letter from BW Legal who work for lowell portfolio , the letter says that they have put my file on hold whilst they query the matter with their clients , this is in response to my cpr request and cca request , what i don't understand is i sent a separate cca request with the 1 pound fee to lowells themselves and i have not had anything from lowells, my date i have to put my defence in on the county court claim website is friday 5th may 2017.
    So i hope someone can advise me what to do, that is, do i just wait and see if lowell come up with something or just go ahead and put my defence in on friday.
    Thanks in advance

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    warwick65's Avatar

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    Default Re: Lowell portfolio county court claim on statute barred debt

    No.

    You must get your defence in by 4PM friday.
    The court timetable over rules everything.
    If you dont you will likely get a defaulted judgement.

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    tony26's Avatar

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    Default Re: Lowell portfolio county court claim on statute barred debt

    thanks for the quick reply , i'll put my defence in tomorrow ,i'm going to use statute barred as my defence , as i know i have not paid them any money for at least 8 years.

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    warwick65's Avatar

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    Default Re: Lowell portfolio county court claim on statute barred debt

    I would also add in non compliance with cca request, no DN or assignment. Dont put all your eggs in one basket - just in case
    @Diana M @Amethyst @pt2537

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    Default Re: Lowell portfolio county court claim on statute barred debt

    Use this example as a starting point for your defence - | Defence Example | and add into that the statute barred defence as well , something like;

    x. The Defendant contends that any alledged debt would be statute barred by virtue of section 5 of the Limitations Act 1980 in that he has not made payment nor made any acknowledgment of this debt in more than 6 years up to the date of issue of this claim.

    But as Warwick says, don't put eggs in one basket and still plead non compliance with the CCA and lack of documentation evidencing their right to collect the debt ref the CPR 31.14 request.

    Don't think the £50 M&S voucher will be heading your way very soon though lol.

    Also would you recall whether you had PPI with the card ?
    “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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    tony26's Avatar

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    Default Re: Lowell portfolio county court claim on statute barred debt

    Hi i'm having trouble logging in to the moneyclaim website , i,ve not lost any of the information to log in , but to my annoyance i can't log in i've tried my goverment gate no as my user id and my mcol no as my user id , am i doing something wrong ?

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    warwick65's Avatar

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    Default Re: Lowell portfolio county court claim on statute barred debt

    Remember it is case sensitive

    I know in the past for some reason I have found using the numbers on the right of the keyboard has not worked but using the numbers at the top has.

    Log into MCOL using your gateway ID and passowrd then the password on the form for the claim

    Can you actually log into MCOL- if not could you try resetting your password?

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    tony26's Avatar

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    Default Re: Lowell portfolio county court claim on statute barred debt

    hi yes i've reset my password with my government gateway id , but then when i go to log in with my gateway id and password it says it's incorrect .

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    Default Re: Lowell portfolio county court claim on statute barred debt

    If the problem persists you can email Northampton CCBC.

    [email protected]

    Scan a signed copy of the defence c/w statement of truth & send as an attachment to the email.

    Put ('Lowell Portfolio') v ('tony26') Court claim no (XXXXXXXX) in the email subject box.
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    tony26's Avatar

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    Default Re: Lowell portfolio county court claim on statute barred debt

    Thanks to everyone for all this very helpful advice, i managed to log in to the money claim website this morning with no problems , maybe the website doesn't function out of court hours ?
    Anyway i successfully entered my defence , so i'll have to see what happens next.

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    Default Re: Lowell portfolio county court claim on statute barred debt

    Normally the Defendant receives notification from the court that the Claimant has 28 days to reply to the defence, & that failure to do so will result in the claim being stayed.
    If it is stayed you are not normally informed of this, so keep an eye on the status of the 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

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    tony26's Avatar

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    Default Re: Lowell portfolio county court claim on statute barred debt

    Hi , i did receive a notification from the court stating that the claimant had 28 days to reply, which from the date of the court letter was the 30th may , i didn't hear a thing from the court or lowells or lowell's laywers , i've not received anything at all ,that i've asked lowells for , then today out of the blue i received a shortly worded letter from BW LEGAL on behalf of lowells stating that they intend to carry on with the claim and they have informed the court, the letter is dated the 7th june2017, i don't what my next move should be as lowells just seem to have ignored eveything i have asked them to send me as proof of the debt including the deed of assignment which i thought in the least they would have, and just seem to be steamrollering me into a CCJ , any advice would be greatly appreciated . Thanks Tony

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    Default Re: Lowell portfolio county court claim on statute barred debt

    I believe the next move will be for you to receive a Directions Questionnaire which includes times you are unavailable for court etc. From then it will be allocated to your local court and at some point you will be asked to complete witness statements

    Just keep an eye on MCOL - it is a slow process. My case was transferred nearly a month ago and i have not heard anything as of yet.

    I am told, and am hoping, that Lowell often go almost to the doors of the court before discontinuing - especially for a relatively small sum where they will have to send some sort of representative which will cost them a bit.

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    tony26's Avatar

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    Default Re: Lowell portfolio county court claim on statute barred debt

    Hi warwick thanks for the reply i checked on the court website and it says dq sent out , i received it today so i have to fill it in and send back , what you said about lowells going to the doors of the court sounds about right , as i can't see them turning up at court as they've not sent me one shred of evidence that proves i owe them any money , i think it's the last thing they have in their arsenal of fear with the emphasis on " arse "

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    tony26's Avatar

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    Default Re: Lowell portfolio county court claim on statute barred debt

    hi everybody , i ,ve got a hearing date for the 17 th october , i had a letter from my local court saying that if the claimant hadn't paid the court fee of £80 by the 19th september, that the case would be struck out , i thought that with lowells not sending me any information at all, that i asked them for including a cpr request or a cca request that they wouldn't pay the fee ,but to my amazement , they have paid the court fee, should i write to the court stating that lowells have not sent me any proof of the debt at all ,or should i just turn up at the court ,i'm wondering what they've got up their sleeves , as it seems strange to have paid the court fee ,when not sending me any proof of the debt whatsoever, any advice will be greatly appreciated . thanks tony

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    Default Re: Lowell portfolio county court claim on statute barred debt

    Check the hearing date letter you got from the court - it is likely to ask you to file a witness statement, and normally that is due 14 days before the hearing so check around halfway down the second page of the hearing order pls.
    “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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    tony26's Avatar

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    Default Re: Lowell portfolio county court claim on statute barred debt

    yes ,the hearing date is the 17th october 1.45pm , what should i do next i haven't ran out of time have i ? thanks for the quick reply

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