Page 1 of 2 12 LastLast
Results 1 to 25 of 47

Thread: Help needed with Lowell and Small Claims Track

  • Share
  • Thread Tools
  • Display
  1. #1
    LoNK1's Avatar

    Junior Member



    Joined
    May 2017
    Posts
    23
    Mentions
    0 Post(s)

    Default Help needed with Lowell and Small Claims Track

    Hi.
    I received a claim form from the county court business centre in Northampton stating a claim of £1,460.22 (claimant being lowell), "assigned to the claimant on 23/12/2011, the defendant failed to maintain the contractural payment under the terms of the agreement and a default notice has been served and not complied with."
    We contacted lowell to find out exactly what this was in relation to and they did not easily give this information. Initially they were insistant that it was a date in 2011 and so i thought this must be identity theft. So we told lowell that we would be defending this case. However eventually we were able to find out that it was in fact relating to pc world in august 2006. So now it changes, its not identity theft, but this debt is statute barred. Prior to finding this information we received a notice of proposed allocation to the small claims track. I dont know what to do from here; I need some advice.
    I have a brief account statement from lowell with the dates 2006 to 2008 showing no payments, but nothing further. I wrote 4 letters to them informing them that this is statute barred, but they deny this and are adamant that the debt is not statute barred until November 2017. They are saying the default date was in 2011. I have to reply to this letter to the courts by 25th May and i am at a loss which way to turn. Thanks guys

  2. #2
    Amethyst's Avatar

    Site Owner



    Joined
    May 2007
    Posts
    59,664
    Mentions
    1684 Post(s)

    Default Re: Help needed with Lowell and Small Claims Track

    Morning
    “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

  3. #3
    Amethyst's Avatar

    Site Owner



    Joined
    May 2007
    Posts
    59,664
    Mentions
    1684 Post(s)

    Default Re: Help needed with Lowell and Small Claims Track

    Quote Originally Posted by LoNK1 View Post
    Hi.
    I received a claim form from the county court business centre in Northampton stating a claim of £1,460.22 (claimant being lowell), "assigned to the claimant on 23/12/2011, the defendant failed to maintain the contractural payment under the terms of the agreement and a default notice has been served and not complied with."
    We contacted lowell to find out exactly what this was in relation to and they did not easily give this information. Initially they were insistant that it was a date in 2011 and so i thought this must be identity theft. So we told lowell that we would be defending this case. However eventually we were able to find out that it was in fact relating to pc world in august 2006. So now it changes, its not identity theft, but this debt is statute barred. Prior to finding this information we received a notice of proposed allocation to the small claims track. I dont know what to do from here; I need some advice.
    I have a brief account statement from lowell with the dates 2006 to 2008 showing no payments, but nothing further. I wrote 4 letters to them informing them that this is statute barred, but they deny this and are adamant that the debt is not statute barred until November 2017. They are saying the default date was in 2011. I have to reply to this letter to the courts by 25th May and i am at a loss which way to turn. Thanks guys
    Can you post up exactly what you sent as your Defence please, and if you can the letter you have received. Remove personal details.

    You need to send a couple of letters - primarly, very importantly, you need to send a CCA request and a CPR 31.14 request ASAP - see CCA Request || CPR 31.14 Request


    Then you may need to amend the defence but lets see exactly where we are first and get those letters sent off.

    Also what do you have to reply to the court with ? the Directions Questionnaire ?
    “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

  4. #4
    MIKE770's Avatar

    VIP Member



    Joined
    Apr 2009
    Posts
    5,321
    Mentions
    142 Post(s)

    Default Re: Help needed with Lowell and Small Claims Track

    send Recorded delivery


    CPR31.14 to solicitors no charge
    CCA1974 to lowells with £1.00 postal order

  5. #5
    Amethyst's Avatar

    Site Owner



    Joined
    May 2007
    Posts
    59,664
    Mentions
    1684 Post(s)

    Default Re: Help needed with Lowell and Small Claims Track

    Do you have any recollection of how much the original agreement was for and over what period it was ? Or even what you bought, how much it was, and how much you paid a month ?
    “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

  6. #6
    LoNK1's Avatar

    Junior Member



    Joined
    May 2017
    Posts
    23
    Mentions
    0 Post(s)

    Default Re: Help needed with Lowell and Small Claims Track

    Thank you for your replies guys I really appreciate the help!
    Ok so we never received a defense form in the original claim sent to us. At the time I didn't know there was supposed to be one with it 😶. So we just signed an acknowledgement of service and sent that in. I'm In the meantime we had asked Lowell to send us out further info regarding what this was about. Stupidly I was waiting on Lowell to send this info out before I did anything else and now I'm in the situation where it looks like I have no defense. I haven't filled out a defense form because of waiting for the info. I have a notice for proposed allocation to the small claims track which I need to sort asap.
    Gosh reading this back it sounds like I'm utterly stupid.

  7. #7
    Amethyst's Avatar

    Site Owner



    Joined
    May 2007
    Posts
    59,664
    Mentions
    1684 Post(s)

    Default Re: Help needed with Lowell and Small Claims Track

    reply from other thread

    I have a short statement of my account which shows that the agreement was 31st August 2006 for a period of 48 months which would take that to 2010??
    48 months is 4 years so that would be November 2010. So if they argue BMW v Hart ( which is natural end of contract ) they're pooped.

    You stick to your guns on statute barring - last payment/acknowledgement. BMW v Hart arguments come later.

    See previous post re needing to send some letters and post up your defence
    “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

  8. #8
    Kati's Avatar

    LB Team Member



    Joined
    Jun 2014
    Posts
    11,210
    Mentions
    1102 Post(s)

    Default Re: Help needed with Lowell and Small Claims Track

    Quote Originally Posted by Amethyst View Post
    Do you have any recollection of how much the original agreement was for and over what period it was ? Or even what you bought, how much it was, and how much you paid a month ?
    from the other thread
    Quote Originally Posted by LoNK1 View Post
    I have a short statement of my account which shows that the agreement was 31st August 2006 for a period of 48 months which would take that to 2010??
    - - - Updated - - -

    ​beat me to it lol xx
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

    ~~~~~

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

    I can be emailed if you need my help loading pictures/documents to your thread. My email address is kati@legalbeagles.info
    But please include a link to your thread so I know who you are.

    Specialist advice can be sought via our sister site JustBeagle

  9. #9
    Amethyst's Avatar

    Site Owner



    Joined
    May 2007
    Posts
    59,664
    Mentions
    1684 Post(s)

    Default Re: Help needed with Lowell and Small Claims Track

    Quote Originally Posted by LoNK1 View Post
    Thank you for your replies guys I really appreciate the help!
    Ok so we never received a defense form in the original claim sent to us. At the time I didn't know there was supposed to be one with it ��. So we just signed an acknowledgement of service and sent that in. I'm In the meantime we had asked Lowell to send us out further info regarding what this was about. Stupidly I was waiting on Lowell to send this info out before I did anything else and now I'm in the situation where it looks like I have no defense. I haven't filled out a defense form because of waiting for the info. I have a notice for proposed allocation to the small claims track which I need to sort asap.
    Gosh reading this back it sounds like I'm utterly stupid.
    Okay, you're not stupid, you just don't deal with court claims every day, and the court information is terrible.

    Okay so we need to make sure you have a defence - now you wouldn't usually get a small claims track allocation unless you have defended. SO when you acknowledged the claim did you write anything in the box that might have been taken as your defence ? I'll go grab a copy of the acknowledgement to remind you of the form.
    “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

  10. #10
    Amethyst's Avatar

    Site Owner



    Joined
    May 2007
    Posts
    59,664
    Mentions
    1684 Post(s)

    Default Re: Help needed with Lowell and Small Claims Track

    Here - did you just fill in that ticking intend to defend in full - or did you fill any other sheets/pages in ? like https://formfinder.hmctsformfinder.j.../n009b-eng.pdf ?
    Attached Images Attached Images
    “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. #11
    Amethyst's Avatar

    Site Owner



    Joined
    May 2007
    Posts
    59,664
    Mentions
    1684 Post(s)

    Default Re: Help needed with Lowell and Small Claims Track

    Actually you mentioned telling Lowell it was statute barred - was this in writing and could they have taken this as your defence and submitted it to the court?
    “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

  12. #12
    LoNK1's Avatar

    Junior Member



    Joined
    May 2017
    Posts
    23
    Mentions
    0 Post(s)

    Default Re: Help needed with Lowell and Small Claims Track

    Sorry for delay had to switch to desktop view to see the attachment.
    Okay so we just ticked the box defend in full.
    We originally thought this was identity theft because they told us that the date of purchase was on the 23rth December 2011. So we spoke to Lowell and said we was looking into identity theft and would be defending it on this basis.
    However in a further phone call to Lowell they then told us that the purchase date was in 31st August 2006. So we realised it wasn't identity theft at this point.
    It was then a few days later when we received the small claims track form.

    - - - Updated - - -

    I did write to Lowell last week informing them that this was statute barred using a template letter from national debtline. But Lowell are denying this.

  13. #13
    Amethyst's Avatar

    Site Owner



    Joined
    May 2007
    Posts
    59,664
    Mentions
    1684 Post(s)

    Default Re: Help needed with Lowell and Small Claims Track

    Hmmm okay. I think you might need to phone Northampton CCBC court - sorry ( they keep you on hold for months and the music is very annoying ) but we need to know what was taken as your defence - so need to call and ask them why you have a Directions Questionnaire when you haven't submitted a defence please. If they say you have submitted a defence ask if they could possibly email a copy to you ( or give you an idea what has been taken as your defence )

    You'll need your claim number when you ring.

    Telephone 0300 123 1056

    Telephone 01604 619 400


    It could be that Nat Debtline letter template has been used as your defence. Did you use registered post? Address used to send it to ?

    Quote Originally Posted by nat debtline letter

    Dear Sir/Madam


    Account No:

    You have contacted me about the account with the above reference number, which you claim I owe. I do not admit any liability for your claim.

    Under the Limitation Act 1980 Section 5:

    “An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

    Also, the Financial Conduct Authority's Consumer Credit sourcebook states the following.

    "...a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period." 7.15.4

    "A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred." 7.15.8

    Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, you are no longer able to take any court action against me to recover the amount you allege I owe.

    Please confirm in writing that you will not make any further contact about the above claim and confirm that this matter is now closed.


    I look forward to hearing from you.

    Yours faithfully
    “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

  14. #14
    LoNK1's Avatar

    Junior Member



    Joined
    May 2017
    Posts
    23
    Mentions
    0 Post(s)

    Default Re: Help needed with Lowell and Small Claims Track

    Ok I will phone the court.
    If they say it's being defended on the basis of identity theft, do I need to tell them that this is incorrect and instead it should be defended on statute barred?

  15. #15
    Amethyst's Avatar

    Site Owner



    Joined
    May 2007
    Posts
    59,664
    Mentions
    1684 Post(s)

    Default Re: Help needed with Lowell and Small Claims Track

    Nope you just want to find out what's been used as a defence - then we can figure out whether you need to amend or take any action
    “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

  16. #16
    LoNK1's Avatar

    Junior Member



    Joined
    May 2017
    Posts
    23
    Mentions
    0 Post(s)

    Default Re: Help needed with Lowell and Small Claims Track

    I'm going to upload the statement of account they sent out to me. It might be a few minutes because I need to switch to the laptop.
    Do I still need to request a CCA and CPR 13.14 from Lowell?

  17. #17
    LoNK1's Avatar

    Junior Member



    Joined
    May 2017
    Posts
    23
    Mentions
    0 Post(s)

    Default Re: Help needed with Lowell and Small Claims Track


  18. #18
    Amethyst's Avatar

    Site Owner



    Joined
    May 2007
    Posts
    59,664
    Mentions
    1684 Post(s)

    Default Re: Help needed with Lowell and Small Claims Track

    Quote Originally Posted by LoNK1 View Post
    I'm going to upload the statement of account they sent out to me. It might be a few minutes because I need to switch to the laptop.
    If you're struggling with the attachment feel free to email it to me - admin@legalbeagles.info

    Do I still need to request a CCA and CPR 31.14 from Lowell?
    Yes please.
    “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. #19
    LoNK1's Avatar

    Junior Member



    Joined
    May 2017
    Posts
    23
    Mentions
    0 Post(s)

    Default Re: Help needed with Lowell and Small Claims Track

    Quote Originally Posted by Amethyst View Post
    If you're struggling with the attachment feel free to email it to me - admin@legalbeagles.info
    Sent you an email.
    i have just spoken to the courts but they werent helpful, they said i should speak to Lowell or BW Legal to find out what my defense is because they will have a copy. ???

  20. #20
    Amethyst's Avatar

    Site Owner



    Joined
    May 2007
    Posts
    59,664
    Mentions
    1684 Post(s)

    Default Re: Help needed with Lowell and Small Claims Track

    Grrr bloody court call centre - they are so useless. Thanks for trying. At very least did the Court confirm a defence had been filed ?

    Most likely it seems is that either you or they have submitted the letter from Nat Debt line re statute barred to the court as your defence. Any way you can check where you sent that letter to ? Any chance you can send me a copy of the letter re BMW v Hart they sent to you pls.

    Here's the statement
    Attached Images Attached Images
    “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

  21. #21
    LoNK1's Avatar

    Junior Member



    Joined
    May 2017
    Posts
    23
    Mentions
    0 Post(s)

    Default Re: Help needed with Lowell and Small Claims Track

    Quote Originally Posted by Amethyst View Post
    Grrr bloody court call centre - they are so useless. Thanks for trying. At very least did the Court confirm a defence had been filed ?
    They confirmed that a defense had been filed...i would think though that it was on the basis of identity theft being as that was what we originally thought it was?
    Most likely it seems is that either you or they have submitted the letter from Nat Debt line re statute barred to the court as your defence. Any way you can check where you sent that letter to ? Any chance you can send me a copy of the letter re BMW v Hart they sent to you pls.
    Lowells didnt send me a letter BMW v Hart, they just quoted it over the phone to us, how do i stand with that?

    - - - Updated - - -

    We sent the reply back in the post to the business centre

  22. #22
    Amethyst's Avatar

    Site Owner



    Joined
    May 2007
    Posts
    59,664
    Mentions
    1684 Post(s)

    Default Re: Help needed with Lowell and Small Claims Track

    Quote Originally Posted by LoNK1 View Post
    They confirmed that a defense had been filed...i would think though that it was on the basis of identity theft being as that was what we originally thought it was?
    Did you send any letter saying that anywhere ?



    Lowells didnt send me a letter BMW v Hart, they just quoted it over the phone to us, how do i stand with that?
    Don't speak to Lowell on the phone.


    We sent the reply back in the post to the business centre
    The National Debtline letter regarding the debt being statute barred - where did you send that ?
    “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

  23. #23
    LoNK1's Avatar

    Junior Member



    Joined
    May 2017
    Posts
    23
    Mentions
    0 Post(s)

    Default Re: Help needed with Lowell and Small Claims Track

    Quote Originally Posted by Amethyst View Post
    Did you send any letter saying that anywhere ?

    I'm so sorry, i'm not 100% certain what we wrote, it was in March. My hubby seems to think that we did write on a form that it was identity theft.

    Don't speak to Lowell on the phone.

    Ah, ok. Wont do.

    The National Debtline letter regarding the debt being statute barred - where did you send that ?
    Oops sorry...i sent them to Lowell ( Ellington House, and their PO Box in northampton) I also sent them to BW Legal (The Tannery, and Enterprise house) i wasnt certain which exact address i needed to sent them to all 4 addresses.

  24. #24
    Amethyst's Avatar

    Site Owner



    Joined
    May 2007
    Posts
    59,664
    Mentions
    1684 Post(s)

    Default Re: Help needed with Lowell and Small Claims Track

    Hmm okay, well you covered every avenue there lol Don't worry.... Well while I have a ponder can you get the CPR and CCA letters sorted and posted please.


    CCA Request || CPR 31.14 Request

    CPR goes to BW Legal

    CCA goes to Lowell
    “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

  25. #25
    Amethyst's Avatar

    Site Owner



    Joined
    May 2007
    Posts
    59,664
    Mentions
    1684 Post(s)

    Default Re: Help needed with Lowell and Small Claims Track

    Remove
    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.
    from the CPR letter.
    “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

Page 1 of 2 12 LastLast

Similar Threads

  1. ****DISCONTINUED***** Small Claims Track - Lowell
    By oddball in forum Concluded Cases
    Replies: 32
    : 15th May 2017, 09:33:AM
  2. Small Claims Track - Lowell Portfolio
    By bright colours in forum Received a Court Claim?
    Replies: 0
    : 9th January 2017, 20:19:PM
  3. Lowell Portfolio ltd Notice of allocation to small claims track
    By socks in forum Received a Court Claim?
    Replies: 14
    : 12th October 2015, 17:53:PM
  4. Bryan Carter solicitors /Lowell CCJ now on small claims track
    By okateo in forum Received a Court Claim?
    Replies: 18
    : 3rd September 2014, 12:22: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