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Thread: Lowell Portfolio 1 LTD, BW Legal court form, need help and advice please

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    maestro's Avatar

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    Default Lowell Portfolio 1 LTD, BW Legal court form, need help and advice please

    Hi All.

    I had a unsecured 7k loan with HFC in 2006. In 2007 I lost my job, my flat, and my father was murdered (Tough year). I basicly quit life and didnt pay for anything.

    I've since moved address, and not received anything regarding this dept (last payment was summer 2007 but not sure of exact date).
    I received a letter from Lowell/BW legal a couple weeks ago which I didnt respond to. This morning BW legal sent me a county court claim form.

    I signed up to Noddle to check my credit and found a default placed on my credit file on 30/11/2011. It also states the Account state date was 02/05/2006 which I assumed would make the dept Statute bar, but not totally sure.

    I have just finished my MCOL acknowlegment and not sure what to do next.

    Any advice would be much appreciated

    Many thanks

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

    First Steps

    - - - Updated - - -

    CCA Request || CPR 31.14 Request |

    do you live in England/Wales?

    who was the original alledged debt with before sold off? Ah!! HFC (HSBC)
    Last edited by MIKE770; 13th May 2017 at 12:10:PM. Reason: Addendum

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


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    Diana M's Avatar

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

    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.

    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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    MIKE770's Avatar

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

    if not known a SAR requet would be useful???? maybe trouble is time limits, or go into HSBC and give detail and ask for last payment and date??

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    maestro's Avatar

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

    Quote Originally Posted by MIKE770 View Post
    First Steps

    - - - Updated - - -

    CCA Request || CPR 31.14 Request |

    do you live in England/Wales?

    who was the original alledged debt with before sold off? Ah!! HFC (HSBC)

    Im Currently writing my CCA and CPR. I live in England. Origial dept was with HFC.

    - - - Updated - - -

    Quote 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.

    Di
    I think the loan was for 60 months but cant be sure. I was looking through threads regarding HFC/Lowell and the default date similar cases all seem to be the same a mine... odd.

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    Diana M's Avatar

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

    Quote Originally Posted by maestro View Post
    I think the loan was for 60 months but cant be sure. I was looking through threads regarding HFC/Lowell and the default date similar cases all seem to be the same a mine
    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.

    Post up/type out the Particulars of Claim removing anything which could identify you. Let's see what they're claiming and why they think they have the right to claim it.

    Your CPR 31.14 Request should reflect the documents which are specifically mentioned in the POC where I expect the solicitor has skilfully avoiding stating any.

    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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    maestro's Avatar

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

    Quote 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.

    Post up/type out the Particulars of Claim removing anything which could identify you. Let's see what they're claiming and why they think they have the right to claim it.

    Your CPR 31.14 Request should reflect the documents which are specifically mentioned in the POC where I expect the solicitor has skilfully avoiding stating any.

    Di
    Particulars of Claim:
    The Claimants claim is for the sum of £6700 being monies due from the Defendant to the Claimant under a Financial Services agreement regulated by the Comsumer Credit Act 1974 between the defendant and HFC Bank Limited under account ref XXXXXX and assigned to the claimant on 2x/xx/2011 notice of which has been given to the defendant.
    The defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with.
    The claim also includes statutory interest pursant of section 69 of the county courts act 1984 at a rate of 8.00% per annum (a daily rate of £1.40 from the date of assignment to xx/xx/2012 being an amount of £540.
    Last edited by Amethyst; 13th May 2017 at 13:01:PM. Reason: anon'd figures

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

    1, states regulated agreement.

    2. Default notice.

    3. Assignment notice.

    = Items mentioned for CPR31.14

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    maestro's Avatar

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

    Quote Originally Posted by MIKE770 View Post
    1, states regulated agreement.

    2. Default notice.

    3. Assignment notice.

    = Items mentioned for CPR31.14
    Thanks Mike.
    This is what I have written based on the template:

    Dear Sir/Madam,

    Claim Number: XXXXX

    Request for documents mentioned in a statement of case under CPR 31.14

    On
    13/05/2017 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

    To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on XX XXXX 201X. (im not sure what date to write here?)


    Documents required for inspection are:
    1. Agreement
    2. Default Notice
    3. Assignment Notice



    In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

    You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I , as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

    You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

    If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.


    For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, 13 May 2017.
    (Do I need to keep this in?)

    I look forward to hearing from you.

    Yours sincerely

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

    (im not sure what date to write here?)
    33 days from the claim issue date.

    (Do I need to keep this in?)
    I would.
    No fee needed with this copy; it's just for the sol's information purposes.
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    Default Re: Lowell Portfolio 1 LTD, BW Legal court form, need help and advice please

    Many thanks for all your advice given. I'm off to the post office to get these letters out.
    I will try to keep you all informed on events.

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

    Recorded Delivery keep copies

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

    Hi all,
    I got my notification that both BW Legal and Lowell have (sign for) recieved my CCA and CPR letters this morning.
    Would anyone know what time lines I am working with?

    Current Timeline:
    I recieved the cliam form on the (saturday) 13th May (the letter was dated the 11th)
    I acknowleged this via MCOL on the 13th.
    I sent CCA and CPR on 13th which they now have.

    Many thanks

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

    Quote Originally Posted by maestro View Post

    Current Timeline:
    I recieved the cliam form on the (saturday) 13th May (the letter was dated the 11th)
    Defence due 13th June (4pm latest) unless they agree to the 28 day extension. (See CPR letter) If they do, you (Defendant) has to inform the court.
    I acknowleged this via MCOL on the 13th.
    I sent CCA
    They have 14 working days to comply, after which they are not able to enforce the agreement until they do comply.
    and CPR
    Either they will or they won't cough up, or possibly will do so only in part. If the latter 2 applies, it should form part of your defence.
    on 13th which they now have.

    Many thanks
    ####
    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

  16. #16
    maestro's Avatar

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

    Quote Originally Posted by charitynjw View Post
    ####
    Many thanks @charitynjw

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    maestro's Avatar

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    Default 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?

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    Default 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.
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    Default Re: Lowell Portfolio 1 LTD, BW Legal court form, need help and advice please

    Thanks for the Defence thread!

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    Default 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.

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    Default 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?

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    Default 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

  23. #23
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    Default 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

  24. #24
    Diana M's Avatar

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

    Quote 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
    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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    Diana M's Avatar

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

    Quote 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 >


    Quote 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.

    Quote 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?


    Quote 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
    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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