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County Court Claim filed by Lowell Solicitors

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  • County Court Claim filed by Lowell Solicitors

    Hello everyone, I'm a newbie. Lowell is pursuing me for HBOS current a/c overdraft debt as old as 2006. I acknowledged claim from County Court issued 14 Sept 18. From what I read here I did SAR to Halifax /Bank of Scotland, CCA to Lowell and CPR 31.14 to her solicitor but, I am yet to receive any response.

    Please what is the deadline for me to file a defense? Any other tips would be appreciated.

    Thanks all
    Tags: None

  • #2
    4pm 33 days from the date on the claim form, but if that falls on a weekend or public holiday the next working day after. Check dates
    COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

    My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

    Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

    Comment


    • #3
      Originally posted by jaguarsuk View Post
      4pm 33 days from the date on the claim form, but if that falls on a weekend or public holiday the next working day after. Check dates

      I guess I must submit defense tomorrow or monday, given that claim Issue date is 14/09/2018 and I acknowledged it on th 18th Sept? I believe this claim will be struck out, because I held 2 similar current account with overdraft, and I received yesterday by LOWELL noting we have closed the account? any reply will be appreciated

      Comment


      • #4
        Yes, file a defence today by 4pm, as your deadline fell on a weekend you have until 4pm the next day to file.

        Until you receive a Notice if discontinuance for this claim it is live and you need to adhere to the deadlines and prepare as if it were going to court. And if no notice is forthcoming go to court.
        COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

        My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

        Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

        Comment


        • #5
          I filed my defence on time which was acknowledged by court. Received letter from LOWELL Solictors today stating that they agreed to mediation. I haven't received similar questionnaire from court yet?

          Comment


          • #6
            You will get one in due course, they have to send theirs back to the court first.
            COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

            My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

            Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

            Comment


            • #7
              Hi VIP's and every member,

              I would once again appeal for your help regarding this matter, court hearing is fixed for 18th June 2019.

              Claimant didn't reply to CPR 31.14, is there anything else I could do before hearing?

              SAR to original creditor came back with more shocking details (so many high charges/fees); I don't know if it's too late to challenge these charges and escalate to FOS for refund? Just after ringing OC for details they refunded small charges but paid it to Lowell



              Info reported to CRA all made up (DD, BAL incl court fees plus int whereas they've not won the case yet, etc).. I've raised dispute? Orig creditor said they never defaulted account

              SB as at 1st Feb 13 (last date I made payment to the account; no regular payment because it's Bank Acc OvDraft. Alc opened and operated in Scotland for a decade until I moved to England 4 yrs ago, so if viewed as Scottish Acc then 5 years is gone past?

              Any advice especially for lines above with question marks would be appreciated. Thanks

              Comment


              • #8
                There are Overdraft and interest charges, may be I'm due a PPI if they are still claiming?

                Comment


                • #9
                  How much is the debt for?

                  Comment


                  • #10
                    Send them a CCA ss77-79 request?

                    (MFS Portfolio Limited v Phelan & West - –Appeal)
                    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

                    Comment


                    • #11
                      Whats a CCA ss77-79?

                      Comment


                      • #12
                        Originally posted by sloane82 View Post
                        Whats a CCA ss77-79?
                        ####
                        LegalBeagles.info » Library » Court » Guides and Letters » CCA Request Letter     Visit the Forum – County Court Claims We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com – If your case is over £10,000 or particularly complex it may…
                        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

                        Comment


                        • #13
                          CCA Request

                          Comment


                          • #14
                            Oh right.

                            Comment


                            • #15
                              Do a subject acess request directly to Halifax this is now statute barred so they cannot ask you to pay the amount, have you paid anything to them?

                              Comment

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                              SHORTCUTS

                              Pre-Action Letters
                              First Steps
                              Check dates
                              Income/Expenditure
                              Acknowledge Claim
                              CCA Request
                              CPR 31.14 Request
                              Subject Access Request Letter
                              Example Defence
                              Set Aside Application
                              Witness Statements
                              Directions Questionnaire
                              Statute Barred Letter



                              If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





                              NOTE: If you receive a court claim note these dates in your calendar ...
                              Acknowledge Claim - within 14 days from Service

                              Defend Claim - within 28 days from Service (IF you acknowledged in time)

                              If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




                              We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
                              If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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