County court /lowells

[The train]

HI,

I received a county court claim form on the 5th April 2018, after ignoring two letters from lowells previous as I assumed my 8 year old(2010) halifax debt of £3000 was SB. I sent back the N9b form on 9/4/2018 stating that the debt was statue barred in my defence under the act etc.

I decide to ring Lowells on the 14/04/18 out of curiosity, to find out exactly what info they had regarding the debt?....they said that I made a £1 on the 29th jan 2015??? I have checked my statement s back to that date and cant find anything?..need some advice?

Would they lie about the £1 payment? Is this the kinda stunts they try and pull? I dont understand why I would of paid a random £1. Im sure I didnt, but im doubting myself. im very confused as they say they have the proof..is there a way I can get this information from then..is this worth fighting..please help?? Jay

[MIKE770]

yep! did you ask for a copy of a CCA1974 at that time? with the regulated fee of £1.00?? they would have to prove the payment if not i.e. how paid/by whom/ cheque No etc? postal order. on line payment and all the details ? they would run no doubt?


Then write and state Statute Barred, letter also as they state they have proof = produce it/

[MIKE770]

Check dates
Acknowledge Claim
CCA Request
CPR 31.14 Request

[MIKE770]

give dates you responded to claim


Warwick Diana M

[The train]

I sent back N9b form 09/04/2018 but I didnt send the AOS form.. im writing up the cca as we speak,14/04/2018 and about to write the cpr to send to their solicitors...I thought I got 14 days to send cca and cpr from the date I received the court claim?..

[warwick65]

Hi

Did the claim form come from Northampton county court ?

What was the date on the claim form?

I think as a precaution you should log onto MCOL using the details on the claim form and then acknowledge the claim , I am not sure just sending back a defence is enough.

Also did you just say it was SB in your defence?

What exactly was the claim for, OD, credit card, loan?

You ask would they lie- well I have my own opinion on that but let's just say clerical errors do happen, i know of at least one case on here where the claimant said it was not SB but when asked to prove it discontinued . As suggested had you previously sent a CCA request in 2015?

It is the weekend so the experts such as Diana M might not be around

[The train]

Yes it is from Northampton county court busines centre. Im reading a few things online saying that its not actually a county court and that the court is actually fake?

the claim form is dated 05/04/2018

it was an OD on my current account.

I went on MCOL and I cant action or forward anymore, all I can see is that my defence was acknowledged on the 11th.April 2018

I'm going to send the CCA and a CPR to lowells and lowell solicitors first thing monday (16/04/18).


Not sure if I doing this all back to front.. but any advice/feedback would be useful..cheers guys..J

[The train]

.......sorry yes I did say it was SB on my defence. I copied a template letter online.

[warwick65]

Just so you know, the court at Northampton is where bulk claims are issued and is genuine- I suspect the sites where you read it is fake are - well- less than reliable

As they have received your defence I suspect that will include you acknowledging the claim but don't take my word for it

Was SB the only defence you used?

[The train]

Yeah, SB was the only defence..why what other grounds could I say?.. any help would be appreciated..J

[The train]

Hi,

I have just seen the example defence template, could any one advise me over grounds where I could make my defence stronger.. ie, the numbered paragraphs in the example letters? Can I still write to the court to add to my defence?..sorry guys Im new to this and really could do with some guidance..cheers , J

[jaguarsuk]

Just so you know, the court at Northampton is where bulk claims are issued and is genuine- I suspect the sites where you read it is fake are - well- less than reliable

As they have received your defence I suspect that will include you acknowledging the claim but don't take my word for it

Was SB the only defence you used?

Yes, if you file a Defence within the deadline this acknowledges the claim and it's status becomes "Defended."

AoS is purely to allow extra time to file, so that you can take legal advice or research plus source documents from the Claimant.

[jaguarsuk]

Hi,

I have just seen the example defence template, could any one advise me over grounds where I could make my defence stronger.. ie, the numbered paragraphs in the example letters? Can I still write to the court to add to my defence?..sorry guys Im new to this and really could do with some guidance..cheers , J

You may make an application to the court either with or without the consent of the Claimant to Amend Your Defence. However there's a fee to do it of £100 with consent or £255 without it.

This is the reason to acknowledge service, you have 14 days plus 5 days for service from the date on the claim form (19 days) to respond either by filing a defence or Acknowledging Service. If you Acknowledge you get an additional 14 to use to form a proper defence (33 days total).

I believe you are at risk of the Claimant applying to the court for Summary Judgement against you. You have pleaded Stat Barred and they say they have a statement of account showing a payment in 2015.

Some questions:

1. Have you had the same account since before that payment date?
2. Have you closed any account in that time?
3. Did you send a CCA request with the £1 Statutory payment enclosed at the time?
4. Have you written to them asking for a copy of their proof of payment and the payment method?

[warwick65]

Hi,
As this debt was an overdraft it really complicates things. Not all the complications are for you though.

So it was an overdraft, when did you last use the account?

Can you remember if and when they defaulted and/or recalled the overdraft?

At 3000 it might be worth talking to a lawyer and getting some initial free advice.
Diana M might be able to help. Her email is in her signature

Finally, I suspect they will write back saying overdrafts are exempt from cca requests but that I believe depends on timescales of defaults and termination.

[The train]

I havent used this particular account in 10 years!.. I rang the halifax and they dont even have a record of me ever holding such account even know I did...it was only when Lowells said that I paid a pound to the account,in 2015 that's when I started doubting myself..but now ooking through my statements..I think they are calling my bluff.