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Default judgement obtained by Lowell - ignored CPR 31.14 request

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  • Default judgement obtained by Lowell - ignored CPR 31.14 request

    Hi all.

    Not sure if I stand a chance but really need some assistance before I make a set-aside application. I probably should have come here first when it was all going on but I had a very ill daughter to care for at the time.

    Lowell issued a claim allegedly for an old Capital One account in July this year. I did AOS by post and also requested inspection of docs under CPR 31.14. I didn't hear anything from them and wrote to them again reminding them of the request. They finally responded in August after they had obtained judgement in default as I hadn't submitted a defence. They stated that they hadn't received my requests (WTF) but as guesture of goodwill would seek the information from their client.

    At the time my daughter was very ill in hospital and I was spending 10 hour days caring for her whilst she was there and then just as long when she was finally allowed home.

    To date they have sent a copy of a credit agreement from Capital One and some statements but they have not sent my the Notice of Assignment or Default Notice that I requested.

    Should I apply for a set-aside based on the fact that they didn't comply with my request?

    My head hurts and it's been a stressful time. Daughter is finally on the mend and my credit history is almost clear, so getting this blot has been demoralising.

    Thank you in advance for your help and advice.
    Tags: None

  • #2
    So it turns out that I should have submitted an "Embarrassed Defence" despite Lowell not complying with my request. FML

    I've only got £255 to lose but am going to give the set aside a shot.

    I'll post up what my arguments will be. Not got a clue if it's worth doing but if I CAN get it set aside, that would be most helpful. If not I'll be stuck with this until I'm nearly 50.

    I've had set-asides successfully granted before but that was many years ago. I have never had to attempt one, whilst a CPR 31.14 request was in default. That's why I posted on here for some help and advice as so much has changed!

    Fingers crossed...

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    SHORTCUTS


    First Steps
    Check dates
    Income/Expenditure
    Acknowledge Claim
    CCA Request
    CPR 31.14 Request
    Subject Access Request Letter
    Example Defence
    Set Aside Application
    Directions Questionnaire



    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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