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*** DISCONTINUED**** Lowell Portfolio 1 LTD, BW Legal court form

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  • #16
    Re: Lowell Portfolio 1 LTD, BW Legal court form, need help and advice please

    Originally posted by charitynjw View Post
    ####
    Many thanks @charitynjw

    Comment


    • #17
      Re: Lowell Portfolio 1 LTD, BW Legal court form, need help and advice please

      Hi all, just a quick update.

      I sent my CCA and CPR on Saturday 13th May (recorded delivery/signed for).
      It should be about 14 working days since I sent these out but I have not received anything back or any kind of acknowledgement.

      Would anyone know next steps?

      Comment


      • #18
        Re: Lowell Portfolio 1 LTD, BW Legal court form, need help and advice please

        It's a case of getting your defence prepared to go in by the deadline ( 13th June ) - there is an example here to get your started > http://legalbeagles.info/forums/show...t-Court-Claims

        So far ti seems it will be quite standard - sent cca and cpr - haven't had a response.... so quite straightforward.
        #staysafestayhome

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

        Received a Court Claim? Read >>>>> First Steps

        Comment


        • #19
          Re: Lowell Portfolio 1 LTD, BW Legal court form, need help and advice please

          Thanks for the Defence thread!

          Comment


          • #20
            Re: Lowell Portfolio 1 LTD, BW Legal court form, need help and advice please

            Hi all,
            I'll be sending in my defence tomorrow. Still no word from Lowell/BW legal on CCA or CPR.

            As the default on Noddle says the loan was taken out in May 2006, is I'd advisable to add Statue Bar to my defence? If so, what would be the wording please.

            mang thanks.

            Comment


            • #21
              Re: Lowell Portfolio 1 LTD, BW Legal court form, need help and advice please

              ***UPDATE***

              i still have not received any information from the claimant re CCA/CPR.
              I received my DQ which I will be sending off today.

              I cant believe they haven't sent me any paperwork. This dept is 10yrs old, how can it get this far?!

              Is there anything else I can do/send to back this up?

              Comment


              • #22
                Re: Lowell Portfolio 1 LTD, BW Legal court form, need help and advice please

                nothing new there , they bide their time, read other threads you will see a pattern

                Comment


                • #23
                  Re: Lowell Portfolio 1 LTD, BW Legal court form, need help and advice please

                  *** UPDATE***

                  Hi all,

                  I received my Notice of Allocation to the Small Claims Track (Hearing) letter on 21st September.
                  My court date is 14th November 2017.

                  Here is the funny bit...

                  Lowell sent me a letter dated 5th October 2017 with NOTICE of SUMS in ARREARS.
                  It reads the following:

                  "This Notice has been sent to you by Lowell for information only as required by the Consumer Credit Act 1974. It relates to an account you opened with HSBC Bank plc Re HFC Bank Ltd which fell into arrears and was bought by Lowell.

                  Date of Notice: 5th October 2017
                  Period covered: 11th March 2017 to 4th October 2017
                  Opening Balance: XXXX.XX
                  Total Sum in Arrears: XXXX.XX"

                  It also states my original credit agreement date was 2nd May 2006.

                  Does anyone know what this could mean in terms of my case?
                  Also does this mean my debt is Statue bar as I havent made any payments in over 10 yrs??

                  Best

                  Maestro

                  Comment


                  • #24
                    Re: Lowell Portfolio 1 LTD, BW Legal court form, need help and advice please

                    Originally posted by maestro View Post
                    Here is the funny bit...

                    Lowell sent me a letter dated 5th October 2017 with NOTICE of SUMS in ARREARS.
                    It reads the following:

                    "This Notice has been sent to you by Lowell for information only as required by the Consumer Credit Act 1974. It relates to an account you opened with HSBC Bank plc Re HFC Bank Ltd which fell into arrears and was bought by Lowell.

                    . . . Does anyone know what this could mean in terms of my case?
                    That's not really "funny".

                    It means (or may mean) that they've remedied any s 86 (b) or (c) non compliance issues which may/may not have made their their claim unenforceable in court (until or unless remedied).

                    Did you plead s 86 in your Defence?

                    Has interest been added to the account since it was defaulted?

                    Hopefully you've got other solid legal arguments to defend this claim (my apologies for not reading back through your thread yet but I wanted to answer your direct question).

                    Di

                    Comment


                    • #25
                      Re: Lowell Portfolio 1 LTD, BW Legal court form, need help and advice please

                      Originally posted by maestro View Post
                      Also does this mean my debt is Statue bar as I havent made any payments in over 10 yrs??

                      I can't see any definite conclusion to my previous questions re Statute Barred issues in May >


                      Originally posted by Diana M View Post
                      A quick question. Can you remember how long the loan would have run for if it had continued to its expiry date?

                      If your last payment was in 2007 there must be a reason why the loan wasn't defaulted until 2011 (four years later). Total incompetence by the lender could be one reason but it would be useful to know the logic which was applied at the time in case it was flawed.

                      Originally posted by Diana M View Post
                      Lowell tend to argue that the Cause of Action (impacting on the Statute Barred date) is when an account is defaulted.

                      I'm not saying they're right, I'm saying that's what they argue

                      If your loan started in 2006 and was for five years then that could be why it wasn't defaulted until 2011.

                      Noddle (and the POC?) say the account was defaulted in November 2011 so what was the claim Issue date?


                      Originally posted by maestro View Post
                      I signed up to Noddle to check my credit and found a default placed on my credit file on 30/11/2011.
                      Di

                      Comment


                      • #26
                        Re: Lowell Portfolio 1 LTD, BW Legal court form, need help and advice please

                        Originally posted by Diana M View Post
                        That's not really "funny".

                        It means (or may mean) that they've remedied any s 86 (b) or (c) non compliance issues which may/may not have made their their claim unenforceable in court (until or unless remedied).

                        Did you plead s 86 in your Defence?

                        Has interest been added to the account since it was defaulted?

                        Hopefully you've got other solid legal arguments to defend this claim (my apologies for not reading back through your thread yet but I wanted to answer your direct question).

                        Di

                        Sorry poor choice of wording re "funny".

                        I cant see that I have s 86 b/c on my defence.

                        Defence:

                        [COLOR=rgba(0, 0, 0, 0.701961)]Claim number: XXXXXXX

                        Between
                        [/COLOR][COLOR=rgba(0, 0, 0, 0.701961)]Lowell Portfolio 1 Ltd[/COLOR][COLOR=rgba(0, 0, 0, 0.701961)]and XXXXX
                        of: XXXXX

                        1: I received the Claim No. XXXXX on 13th May 2017 from Northampton county court business centre.

                        2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this defence.


                        3: This claim is for a loan agreement regulated by the Consumer Credit Act 1974.


                        4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.


                        5: The particulars of claim fail to state when the agreement was entered into.


                        6: The Claimants statement of case states that the account was assigned from HFC Bank Ltd to Lowell Portfolio 1 Ltd on 23rd December 2011. The Defendant does not recall receiving notice of this assignment.


                        7: It is denied that HFC Bank Ltd served any Default notice on The Defendant pursuant to s87 Consumer credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.


                        8: On the 13th May 2017 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to BW Legal. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.


                        9: BW Legal has not sent any of these documents to me.


                        10: On 13th May 2017 I sent a formal request for a copy of the original agreement to Lowell Portfolio 1 Ltd pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.


                        11: The Claimant has failed to comply with s77 (1) Consumer credit act 1974 and by virtue of s77 (4) consumer credit act 1974 cannot enforce the agreement.


                        12: 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 allegation that the money is owed as claimed.


                        13: 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.


                        14: 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.


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


                        Statement of Truth:

                        The statements above are true to the best of my knowledge and belief:

                        Written by xxxxxxx (Defendant)
                        Dated: 13th June 2017
                        [/COLOR]

                        Comment


                        • #27
                          Re: Lowell Portfolio 1 LTD, BW Legal court form, need help and advice please

                          I'm not totally sure of the length of the loan as I dont have any paperwork for it, but for some reason 60months sounds like the right amount of time I would have agreed too.

                          - - - Updated - - -

                          I'm panicing now!!!!
                          I have to get my witness statement in soon.

                          Comment


                          • #28
                            Re: Lowell Portfolio 1 LTD, BW Legal court form, need help and advice please

                            Originally posted by maestro View Post
                            I'm not totally sure of the length of the loan as I dont have any paperwork for it, but for some reason 60months sounds like the right amount of time I would have agreed.

                            Have you sent a Subject Access Request to the original creditor to get the full history of the loan?

                            Di

                            Comment


                            • #29
                              Re: Lowell Portfolio 1 LTD, BW Legal court form, need help and advice please

                              Originally posted by Diana M View Post
                              Have you sent a Subject Access Request to the original creditor to get the full history of the loan?

                              Di
                              No, I'll get one drawn up.

                              I'm amazed that they can send me an arreas letter that is not from the original creditor, and this can remedy the s87?!!
                              In my defence I requested the regulated agreement, Assignment notice and Default notice, none of which I have recieved in the past 4 months - Im guessing if they have them from the creditor they will send them a couple of days before the hearings.

                              Do you have any idea what they will argue?

                              Comment


                              • #30
                                Re: Lowell Portfolio 1 LTD, BW Legal court form, need help and advice please

                                Hi all my court date is 14th November so i need to get my WS in asap.

                                If you could offer any advise I would be grateful.

                                IN THE xxxxxx COUNTY COURT
                                CLAIM NUMBER: xxxxxxx

                                BETWEEN:
                                LOWELL PORTFOLIO 1 LTD
                                AND
                                Maestro


                                WITNESS STATEMENT OF Maestro

                                I Maestro, being the Defendant in this case will state as follows;

                                1: I make this Witness Statement in support of my defence in the claim.

                                2: This claim is for a credit agreement regulated under the Consumer Credit Act 1974.

                                3: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

                                4: On 13/05/2017 I made a written request to the Claimants for a copy of the credit agreement under s.77(1) of the Consumer Credit Act 1974. I enclosed payment of £1.

                                5: Consumer Credit Act s.77(1) states:


                                Duty to give information to debtor under fixed-sum credit agreement.

                                (1)The creditor under a regulated agreement for fixed-sum credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

                                (a)the total sum paid under the agreement by the debtor;

                                (b)the total sum which has become payable under the agreement by the debtor but remains unpaid, and the various amounts comprised in that total sum, with the date when each became due; and

                                (c)the total sum which is to become payable under the agreement by the debtor, and the various amounts comprised in that total sum, with the date, or mode of determining the date, when each becomes due.


                                6: The Claimant has failed to comply with s.77(1) of the Consumer Credit Act 1974 and by virtue of s.77(4) Consumer Credit Act 1974 cannot enforce the agreement.

                                7: Consumer Credit Act s.77(4) states;
                                (4)If the creditor under an agreement fails to comply with subsection (1)—
                                (a)he is not entitled, while the default continues, to enforce the agreement;


                                8: The Claimant has mentioned the Credit Agreement, the Default Notice and the Assignment in its Statement of Case.

                                9: On 13/05/2017, in order to obtain more information about the claim, I made a written request to the Claimants solicitors, BW Legal, requesting that the Claimant provides copies of the credit agreement, the default notice and the assignment, mentioned in the statement of case.

                                10: The Claimant has provided none of these documents.

                                11: The Claimant has not complied with my formal request for the Credit Agreement under s.77(1) and therefore is unable to enforce the debt at this time.


                                12: The particulars of claim fail to state when the agreement was entered into.

                                13: The Claimants statement of case states that the account was assigned from HFC Bank Ltd to Lowell Portfolio 1 Ltd on 23/12/2011. I do not recall receiving a notice of this assignment.

                                14: I do not recall HFC Bank Ltd serving any Default notice to me pursuant to s87 Consumer credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon me.

                                15: 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 allegation that the money is owed as claimed.


                                16: 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.






                                Statement of Truth:

                                The statements above are true to the best of my knowledge and belief:

                                Written by Maestro (Defendant)
                                Dated: 28th October 2017

                                Comment

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