County court papers received out of blue from lowell

[Amethyst]

Re: County court papers received out of blue from lowell

I think they may well have come to the same conclusion (with the help of CONC )

Many many court claims do go through undefended without proper paperwork ever being produced by the ''creditor'' so we need to be right on their heels making sure they give defendants the proper paperwork to enable them to form a correct decision on whether to defend or offer to pay the claim.


http://fshandbook.info/FS/html/handbook/CONC/7/3

Proportionality

CONC 7.3.14
01/04/2014
FCA

(1) A firm must not take disproportionate action against a customer in arrears or default.

[Note: paragraphs 7.14 (box) of ILG and 3.7t of DCG]

(2) In accordance with (1) a firm must not, in particular, apply to court for an order for sale or submit a bankruptcy petition, without first having fully explored any more proportionate options.

[Note: paragraph 7.14 (box) of ILG]


CONC 7.3.15
01/04/2014
FCA

A firm should not make undue, excessive or otherwise unfair use of statutory demands (within the meaning of section 268 of the Insolvency Act 1986) when seeking to recover a debt from a customer.

[Note: paragraphs 7.10 of ILG and 3.7n of DCG]

[ODC]

Re: County court papers received out of blue from lowell

306 from 01/03/2013 to 01/03/2014

http://www.london-gazette.co.uk/issu...Lowell/start=1

I wonder how much that have actually benefitted by this vindictive practice. A lot of people would be in negative equity and once made bankrupt then all their debts are taken into account so Lowells my only get pennies in the pound. Irealise they may have only paid pennies but would they not be better going for a CCJ and a charging order. Then of course they would need the proper paperwork.

I think bankruptcy for purchased debts is a shameful practice. They buy these debts so they are taking a risk. Its high time they were stopped.

[Amethyst]

Re: County court papers received out of blue from lowell

HOW MANY PEOPLE HAVE THEY BANKRUPTED?????????

306 from 01/03/2013 to 01/03/2014

http://www.london-gazette.co.uk/issu...Lowell/start=1

[Amethyst]

Re: County court papers received out of blue from lowell

al Lowells (Lowlife) outfit same building!


SD has to be £1,000 or over these days.

£750 in England still, sadly.

[MIKE770]

Re: County court papers received out of blue from lowell

Hi all. I'm currently responding to payment requests from Lowells and Frederickson Int over Halifax card debt which I disputed.

I've noticed that the two so-called firms share the same mailing address; PO BOX 172 ENTERPRISE HOUSE, 1 APEX VIEW, LEEDS LS11 9BH.
Obviously the same firm behind the same building.

I've sent a letter objecting their claim.

I am starting to wonder if I will end up playing letter ping pong with these faceless mugs hoping I will pay up or really will send me a Statutory Demand then a court petition to bankrupt me for £ 823.78.

HOW MANY PEOPLE HAVE THEY BANKRUPTED?????????

al Lowells (Lowlife) outfit same building!


SD has to be £1,000 or over these days.

[super dude]

Re: County court papers received out of blue from lowell

Hi all. I'm currently responding to payment requests from Lowells and Frederickson Int over Halifax card debt which I disputed.

I've noticed that the two so-called firms share the same mailing address; PO BOX 172 ENTERPRISE HOUSE, 1 APEX VIEW, LEEDS LS11 9BH.
Obviously the same firm behind the same building.

I've sent a letter objecting their claim.

I am starting to wonder if I will end up playing letter ping pong with these faceless mugs hoping I will pay up or really will send me a Statutory Demand then a court petition to bankrupt me for £ 823.78.

HOW MANY PEOPLE HAVE THEY BANKRUPTED?????????

[Nibbler]

Re: County court papers received out of blue from lowell

I would imagine so.

[Scigal]

Re: County court papers received out of blue from lowell

A, i right to guess that the claimant has to file their £110 fee by 25th if they want to this to go to a hearing.....they may back out anytime around there. Surely they must know theyre chancing it?

[Scigal]

Re: County court papers received out of blue from lowell

Ah yes, 2 weeks before the hearing date

[Scigal]

Re: County court papers received out of blue from lowell

Hi yes i have had one of those,i replied stating i did not agreed with mediation (lowells had stated yes for mediation).

[Nibbler]

Re: County court papers received out of blue from lowell

Is this similar to what you got?



EDIT: Forget that that. Wrong stage if there is a hearing set..

Anyway, point I was trying to make is that the court often sends near identical letters to both claimant and defendant, and you need to read carefully so see which parts actually apply to you. As there where it says a fee is due , but it is the claimant that must pay it.

[Amethyst]

Re: County court papers received out of blue from lowell

Found it. I had emailed my defence on 4/12/13



I dispute all of the claim. No payments have been made. I deny all allegations.


The claimant’s claim was issued on 05-11-2013


The Claimant's defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of Section 5 of the Limitation Act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.


The Claimant's claim to be entitled to payment of £1046.33 or any other sum, or relief of any kind is denied.




In addition, I have not received any Letter Before Action or Letter of Claim before they issued proceedings. They have not been compliant with the Practice direction



. I sent the appropriately worded letters for a true copy of any credit card agreement in 2008, then again in 2010. I then sent a follow up letter 6 months later to say that I had not received the CCA. I have copies and dates of both letters. I did receive a letter in 2010 acknowledging my letter but nothing further. I also sent a CCA request by signed for tracked delivery November 2013, as well as a CPR 31.14to Drydens for copies of documents mentioned in the particulars of claim. I have received no response. I have evidence of postage and Royal Mail Status of these letters. As I have no received the requested CCA I believe the £1 postal orders have been misused and added to the all edge account to demonstrate payment, I did not give consent for the monies to be used in any other way than for CCA.

Good, you've covered pretty much everything there Surprised the court haven't just made an order off the back of that for the documents, so still ring court tmw and see if anything has been filed by claimants, ok the wording isn't perfect but doesn't matter really, we can think about amending to put the proper references in if need be.

[mystery1]

Re: County court papers received out of blue from lowell

Hi, thanks. Its 30th may.

What is the date of disclosure? The hearing fee is due by 25 th march. Is that the same thing?

They also spelt my name wrong in the actual order. Dont suppose this automatically gets it struck put? ( clutching at straws) ( which is a fine album btw).

Usually with a hearing date comes judges orders. These usually include a term that by x date each party must file and serve the documents they wish to rely on at trial.

M1

[Nibbler]

Re: County court papers received out of blue from lowell

Is this similar to what you got?



EDIT: Forget that that. Wrong stage if there is a hearing set..

[Scigal]

Re: County court papers received out of blue from lowell

Found it. I had emailed my defence on 4/12/13



I dispute all of the claim. No payments have been made. I deny all allegations.


The claimant’s claim was issued on 05-11-2013


The Claimant's defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of Section 5 of the Limitation Act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.


The Claimant's claim to be entitled to payment of £1046.33 or any other sum, or relief of any kind is denied.




In addition, I have not received any Letter Before Action or Letter of Claim before they issued proceedings. They have not been compliant with the Practice direction



. I sent the appropriately worded letters for a true copy of any credit card agreement in 2008, then again in 2010. I then sent a follow up letter 6 months later to say that I had not received the CCA. I have copies and dates of both letters. I did receive a letter in 2010 acknowledging my letter but nothing further. I also sent a CCA request by signed for tracked delivery November 2013, as well as a CPR 31.14to Drydens for copies of documents mentioned in the particulars of claim. I have received no response. I have evidence of postage and Royal Mail Status of these letters. As I have no received the requested CCA I believe the £1 postal orders have been misused and added to the all edge account to demonstrate payment, I did not give consent for the monies to be used in any other way than for CCA.