Page 2 of 2 FirstFirst 12
Results 26 to 35 of 35

Thread: Hopgood Vs Lowell Portfolio

  • Share
  • Thread Tools
  • Display
  1. #26
    Join Date
    Apr 2017
    Posts
    21
    Mentioned
    0 Post(s)

    Default Re: Hopgood Vs Lowell Portfolio

    I am just about the enter my defence when I realised that given my "debt" on my credit file is due to come off on the 30th June, if once entering my defence the court makes a date for it to be heard or does not make a ruling until after this time (30th June 2017) what happens? Does the debt come off my credit file still or will it begin again?

  2. #27
    Join Date
    Sep 2009
    Posts
    11,133
    Mentioned
    456 Post(s)

    Default Re: Hopgood Vs Lowell Portfolio

    In general terms, the alleged debt remains on the CRA database for 6 years, after which it will drop off.
    However, if the court claim was issued within 6 years (Eng/Wales) of the cause of action, it will not be statute-barred (the court case 'pauses' the SB clock), so there is a potential of a CCJ.
    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. #28
    Join Date
    Mar 2017
    Posts
    61
    Mentioned
    1 Post(s)

    Default Re: Hopgood Vs Lowell Portfolio

    Hiya,

    The debt is currently on your credit file as a defaulted account I assume?

    Once an account has been defaulted (ie terminated) for 6 years then it should be removed from the Credit Reference Agency system.

    Any CCJ will generate a new entry on the credit report, unless paid in full within 28 days of judgement. This will remain on the credit file for a further 6 years from date of judgement, unless settled in full within 28 days as described.

    Hope this is helps, and if inaccurate I'm sure others will correct me! :-)

  4. #29
    Join Date
    Apr 2017
    Posts
    21
    Mentioned
    0 Post(s)

    Default Re: Hopgood Vs Lowell Portfolio

    Just filed my Defence:

    I was contacted by Lowell via a court letter from the Northamptoncourt for a debt which will continue to be on my credit file foranother month (June 2017). It is for a debt that I contested withBT many, many years ago. The letter arrived on the 21st April2017.I tried out an offer with BT on their internet and phone packagebut they could never get my internet to work properly sending out engineer after engineer. Eventually I cancelled the trial (as pertheir terms and conditions)and went back to Sky. They then a fewyears later, contacted me with a bill for £300. When I contactedthem to contest this, I discovered it was for the amount thatwould of accrued should I have continued on with them after thetrial had ended which amounted to the cost of the fullsubscription. I argued with them and they eventually agreed thatthey were in the wrong and that was at the time the last I heardfrom them. Sometime later a debt collection agency contacted mefor the same alleged debt which as far as I knew I had sorted out.at the time I did not have access, as I do now, to my credit file(s), BT had gone ahead and defaulted me, then sent it to adebt collection agency. I was not aware of any of this (thedefault etc) until it was too late and placed on my record for 6years.When the debt collection agency contacted me I explained why I wascontesting BT's alleged debt, I provided proof, they contacted BTand they then just stopped contacting me all together. A fewmonths (roughly) later I was contacted by a brand new debtcollection agency, it seems that they had purchased the alleged BTdebt so I again had to explain, again they stopped after that. Ayear later the same thing happened with another company and it hashappened a few more times since. Now it it Lowell's turn.

    I wrote to Lowell once I received the court letter placing aRequest for Documents Mentioned In A Statement of this Case underCPR31.14 after receiving some legal advice. Lowell has been unableto provide me with these documents and when they wrote back to methey stated that they were placing my account on hold until theywere able to verify the debt. this is something I would havethought they would have done before sending it to the court.Unable to provide me with proof of the alleged debt I thencontacted BT who have also been unable to provide me with the sameagreement. As this important document which is the basis for thisentire case and proof of any alleged debt, unable to be producedby any party I am requesting that this case be dismissed as thereis no longer any basis for it. Lowell themselves are surely unableto prosecute a debt on an account they have on hold as they cannotverify it even exists?I have proclaimed from the beginning that this alleged debt doesnot exist and have suffered with a black mark on my credit filefor 5 years and 11 months, at the final month with the debt comingoff my file on the 30th June 2017 I find it highly suspect thatthis imagined debt has suddenly appeared again.

    Should the court require any further information from myself I ammore than happy to provide it.

    I am now wondering if I should have added more or less or I'm not sure........ If the court set a date and that date is longer than the date it would have stayed on my file (30th June 2017) what happens to it? Does the court case become pointless, does the debt start over?

  5. #30
    Join Date
    Mar 2017
    Posts
    61
    Mentioned
    1 Post(s)

    Default Re: Hopgood Vs Lowell Portfolio

    The SB 6 year limit clock stops ticking on the date a claim is issued, either by a local court or Northampton. It is irrelevant when the eventual court hearing is (if any). The current entry on your credit file will still fall off after 6 years, but may well be replaced by a CCJ entry for a further 6 years if you don't handle this claim correctly.

    Have you actually submitted the previous post as a defence? I think some input from either @diana_m or @Amethyst may be helpful before you do if you haven't done so already?

  6. #31
    Join Date
    Apr 2017
    Posts
    21
    Mentioned
    0 Post(s)

    Default Re: Hopgood Vs Lowell Portfolio

    Hi everyone. I finally received from Lowell on the deadline of their return response date a copy of the Directions Questionaire which they have logged with the court. This was on 25/6/2017. They stated that I would receive a copy of the same directly from the court for completion and return. The court would then use this information contained in both copies to make a decision. I do not want mediation as this is the same thing I would have to pay a debt I don't owe. What concerns me is that it is now 17/07/17 and I have received nothing from the court. Should I contact them to find out what is going on?

    Thanks Gemma

  7. #32
    Join Date
    Oct 2007
    Posts
    3,868
    Mentioned
    253 Post(s)

    Default Re: Hopgood Vs Lowell Portfolio

    Quote Originally Posted by GemHop81 View Post
    Hi everyone. I finally received from Lowell on the deadline of their return response date a copy of the Directions Questionaire which they have logged with the court. This was on 25/6/2017. They stated that I would receive a copy of the same directly from the court for completion and return. The court would then use this information contained in both copies to make a decision. I do not want mediation as this is the same thing I would have to pay a debt I don't owe. What concerns me is that it is now 17/07/17 and I have received nothing from the court. Should I contact them to find out what is going on?

    Thanks Gemma
    MEdiation is not saying you agree to pay a debt you dont owe, it should be seen as a chance to try and resolve the issues in the case and whats more an unreasonable refusal to mediate can result in cost sanctions. If you google OMFS v PG 2, youll see the senior Courts ruling
    I work for QualitySolicitors Howlett Clarke in the Consumer Credit Department. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. 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.

    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.



    You can also follow my blog on consumer credit here.


  8. #33
    Join Date
    Apr 2017
    Posts
    21
    Mentioned
    0 Post(s)

    Default Re: Hopgood Vs Lowell Portfolio

    With that in mind what is the best thing to do? Still nothing from the court... I'm really getting nervous

  9. #34
    Join Date
    Jun 2016
    Posts
    3,844
    Mentioned
    641 Post(s)

    Default Re: Hopgood Vs Lowell Portfolio

    Quote Originally Posted by GemHop81 View Post
    What concerns me is that it is now 17/07/17 and I have received nothing from the court. Should I contact them to find out what is going on
    The answer to your original question is 'Yes' call the court to ask whether they have sent you a DQ in the post because you've not received one.

    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

  10. #35
    Join Date
    Apr 2017
    Posts
    21
    Mentioned
    0 Post(s)

    Default Re: Hopgood Vs Lowell Portfolio

    I have been trying to contact the court since via phone. It is always engaged. I have found an email address to send an email to:

    Lowell Portfolio vs GemHop81 (claim ref: XXXXXXXX)

    To Whom It May Concern,

    I am wondering if you are able to help me as I have come to a point in this case where I am unable to move forward. I have repeatedly tries calling the court (0300 123 1056) to no avail as it is always engaged regardless of what time I call. My last correspondence from Lowell Portfolio was a letter showing me their request that they have lodged with the court requesting mediation to which they stated the court would be in touch soon with a form of a similar kind for myself to either accept or decline their offer. To this day I still have not received anything from the court (nearly a month later). I am worried that these important documents may have been delayed in the post and could hinder my defence if not returned in time to the court.

    If possible please could you let the person who is dealing with my case know that I have not received this document and if possible send out again so that we can get this case again moving. I fully appreciate any help or cooperation from you regarding this. If you should also require any further information from myself please do not hesitate to contact me on 0........... or in return to this email .............@yahoo.co.uk

    Yours sincerely,
    Last edited by Kati; 26th July 2017 at 12:57:PM.

Page 2 of 2 FirstFirst 12

Similar Threads

  1. Lowell solicitors (shop direct, Lowell portfolio)
    By Ellalass in forum Welcome Forum
    Replies: 36
    : 25th March 2017, 12:17:PM
  2. Claim form - Lowell Portfolio / Lowell solicitors.
    By captain sam in forum Received a Court Claim?
    Replies: 77
    : 24th March 2017, 21:21:PM
  3. Claim form - Lowell Portfolio / Lowell solicitors.
    By captain sam in forum Money & Debt
    Replies: 0
    : 17th February 2017, 09:52:AM
  4. Lowell Solicitors / Lowell Portfolio / Lloyds Letter of Claim
    By WoZLinGToN in forum Received a Court Claim?
    Replies: 18
    : 24th February 2016, 17:09:PM
  5. Lowell Portfolio 1 / Lowell Financial & Bryan Carter - Fraud
    By Sharkie in forum Debt Collection Agencies
    Replies: 5
    : 29th December 2014, 18:22:PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Contact Us



© Celame (UK) Ltd 2016
Hosted by Lodge Information Services Ltd
LegalBeagles® are DPA Registered No. ZA158014
LegalBeagles® is the trading name of CELAME (UK) LIMITED ( 09220332 )
Registered Address: 25 Moorgate, London, England, EC2R 6AY
VAT registration number 206 9740 02
User Alert System provided by Advanced User Tagging v3.1.3 (Lite) - vBulletin Mods & Addons Copyright © 2017 DragonByte Technologies Ltd.
Feedback Buttons provided by Advanced Post Thanks / Like (Lite) - vBulletin Mods & Addons Copyright © 2017 DragonByte Technologies Ltd. Runs best on HiVelocity Hosting.
Celame (UK) Ltd Powered by vBulletin® Version 4.2.3
Copyright © 2017 vBulletin Solutions, Inc. All rights reserved.

To find out more about managing your money and getting free advice, visit the Money Advice Service,an independent service set up to help people manage their money.

TOP