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

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  1. #26
    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
    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]

  2. #27
    maestro's Avatar

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    Default 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.

  3. #28
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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'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
    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 [email protected]. 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: Lowell Portfolio 1 LTD, BW Legal court form, need help and advice please

    Quote 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?

  5. #30
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    Default 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

  6. #31
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    Default Re: Lowell Portfolio 1 LTD, BW Legal court form, need help and advice please

    Hey guys, If anyone could have a look at my WS above I would be greatful.
    cheers

  7. #32
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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'm amazed that they can send me an arreas letter that is not from the original creditor, and this can remedy the s87?!!
    From what you've posted on this thread they have sent you a Notice of Sums in Arrears (s 86) which is quite properly served by the current owner of a debt and not the original creditor.

    This Notice has nothing to do with the Default Notice (s 87) so that's not been remedied if they haven't produce it (the DN) or a reconstituted one.

    The Claimant's WS will/may include Exhibits so see what they do/don't come up with.

    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 [email protected]. 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

  8. #33
    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 maestro View Post
    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

    Is anyone able to check my WS please? I need to send it tomorrow as my case is on 14th November.

    Many thanks

  9. #34
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    Default Re: Lowell Portfolio 1 LTD, BW Legal court form, need help and advice please

    **UPDATE**

    I spoke to the court today and they confirmed they have my WS but they dont have the Claiments at present. I havnt recieved it either.
    How much time will they allow for this? I thought it was 14 days before the case date? (my hearing is 14th November).

    What happens if I dont recieve a WS from the claiment?

  10. #35
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    Default Re: Lowell Portfolio 1 LTD, BW Legal court form, need help and advice please

    It is normally 14 days before the hearing, so you should have had it by today really, however double check on the second page of your hearing notification as sometimes they do give exact dates and times rather than 14 days before. Also normally states on there any sanction.

    If they don't file a WS then they can't use their exhibits at the hearing - well, that's the formal line, but in small claims track they can sometimes get around it, however we do find in these cases where they haven't supplied the documents that they make a 'commercial' decision to discontinue rather than go to the effort of sending witness statements and exhibits and going through a hearing. Once you've checked dates on the letter, I wouldn't get too concerned for a couple of days to allow for postal delays.
    “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.

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

  11. #36
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    Default Re: Lowell Portfolio 1 LTD, BW Legal court form, need help and advice please

    Quote Originally Posted by Amethyst View Post
    It is normally 14 days before the hearing, so you should have had it by today really, however double check on the second page of your hearing notification as sometimes they do give exact dates and times rather than 14 days before. Also normally states on there any sanction.

    If they don't file a WS then they can't use their exhibits at the hearing - well, that's the formal line, but in small claims track they can sometimes get around it, however we do find in these cases where they haven't supplied the documents that they make a 'commercial' decision to discontinue rather than go to the effort of sending witness statements and exhibits and going through a hearing. Once you've checked dates on the letter, I wouldn't get too concerned for a couple of days to allow for postal delays.
    My stress levels are still high but lowered a bit reading this.
    On with the waiting game.

    No matter what happens i'm grateful for this forum and those who have taken the time out of there own free time to reply.

  12. #37
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    Default Re: Lowell Portfolio 1 LTD, BW Legal court form, need help and advice please

    No worries, see how things stand next Wednesday - then if the WS and documents were going to come they'd be there - so you'll know the position and can take action if needed.
    “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.

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

  13. #38
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    Default Re: Lowell Portfolio 1 LTD, BW Legal court form, need help and advice please

    ***Notice of Discontinuance***

    Hi all.
    I came home this afternoon to a Notice of Discontinuance, which based on other threads is a good thing!
    So happy!

    I would like to offer thanks to specifically @MIKE770 @dianaM @charitynjw and @amethsyt . Without your help and encouragement over the past 5 months I would not be in this position.

    Hopfully my thread can help others to push forward and not give up when it comes to matters like these.

    Best

    Maestr0

  14. #39
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    Default Re: Lowell Portfolio 1 LTD, BW Legal court form, need help and advice please

    Didn't even have to wait till next Wednesday

    CONGRATULATIONS xxxxxxxxxxxxxxx
    “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.

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

  15. #40
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    Default Re: Lowell Portfolio 1 LTD, BW Legal court form, need help and advice please

    Quote Originally Posted by Amethyst View Post
    Didn't even have to wait till next Wednesday

    CONGRATULATIONS xxxxxxxxxxxxxxx
    I KNOW .

    I'm just trying to ring the court to update them.

  16. #41
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    Default Re: Lowell Portfolio 1 LTD, BW Legal court form, need help and advice please

    I wouldn't worry just yet, they will get a copy too, but takes them a couple days to register it ( they're a bit slow on post opening and recording it on the system) so ... well, wait and check with them next Wednesday ( ) that they've received it and all is well
    “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.

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

  17. #42
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    Default Re: *** DISCONTINUED**** Lowell Portfolio 1 LTD, BW Legal court form

    well done

    court may need 5 days to catch up with mail

  18. #43
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    Default Re: *** DISCONTINUED**** Lowell Portfolio 1 LTD, BW Legal court form

    5 days... hmmm think that takes you to Wednesday, if you exclude weekend and include today.... lol ...

    It'll be nice to put this behind you, it's from a shitty time, so deserves to be gone. Well done for sticking up for yourself and not just giving up xxxxxxx
    “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.

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

  19. #44
    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 Amethyst View Post
    I wouldn't worry just yet, they will get a copy too, but takes them a couple days to register it ( they're a bit slow on post opening and recording it on the system) so ... well, wait and check with them next Wednesday ( ) that they've received it and all is well
    Ok, Im a little excited, but i'll chill till next week.

  20. #45
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    Default Re: *** DISCONTINUED**** Lowell Portfolio 1 LTD, BW Legal court form

    Nice one!
    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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