County court papers received out of blue from lowell

[Scigal]

Re: County court papers received out of blue from lowell

How does this sound. They said I could file defence by email, so I was going to mail this today


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


This allege debt is statute barred. I have not acknowledge not knowing paid any monies for over 6 years. More like 10'years. 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.




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 deny all allegations. This alleged debt is statute barred.

[Scigal]

Re: County court papers received out of blue from lowell

I have written this on the form

This debt is statute barred. I have not acknowledge or made any payments for over 6 years. I have requested a CCA in 2008, 2010 ( as well as follow up letter), and 2013. I received a letter in 2010 saying I would be contacted in due course. I wasnt. No CCA has been sent to me. The postal,orders may have been used i a way in which they should not. This alleged debt is statute barred. I deny all allegations.



Sorry I'm rubbish at this,I work in medicine, I know medicine, nothing else lol. X

[Scigal]

Re: County court papers received out of blue from lowell

Your credit file is not an indicator of whether the debt is SBd or not.

Why can't you log into MCOL?

I can't remember the password or anything i used when i set the account up

[FlamingParrot]

Re: County court papers received out of blue from lowell

Inthink I will have to write my defence on then papers they sent and post them. I'm going to out that I have requested a CCA etc several times over the last 5 years, and they can't provide it and that the debt is statute barred anyway. And hopefully that will be all

Lack of response to a CCA request doesn't mean the debt is SBd, for that purpose you have to make an assertion of not having paid or acknowledged the debt in 6 years or more. If you do, it will be up to the claimant to prove otherwise.

[FlamingParrot]

Re: County court papers received out of blue from lowell

Looking at my credit file, it shows the debt, taken out in 2001 defaulted in 08. I know that isn't true, it was not defaulted in 08. I wrote to the in 08 the first time i requested the CCA.

Your credit file is not an indicator of whether the debt is SBd or not.

Then again in2010, and then again to say they hadn't sent me the CCA. There seems to be a small amount of money 'paid' about £8 perhaps they have used the postal orders? Indefinitely have no admitted or paid anything in over 6 years. They don't seem able to prove otherwise. And I can't log into mcol to issue a statute barred defence.

Oh dear me

Why can't you log into MCOL?

[Scigal]

Re: County court papers received out of blue from lowell

And the postal order etc i sent to Lowell's hasn't been signed for yet. Looks like they've refused to take delivery.

Inthink I will have to write my defence on then papers they sent and post them. I'm going to out that I have requested a CCA etc several times over the last 5 years, and they can't provide it and that the debt is statute barred anyway. And hopefully that will be all

[Scigal]

Re: County court papers received out of blue from lowell

And the postal order etc i sent to Lowell's hasn't been signed for yet. Looks like they've refused to take delivery.

[Scigal]

Re: County court papers received out of blue from lowell

Looking at my credit file, it shows the debt, taken out in 2001 defaulted in 08. I know that isn't true, it was not defaulted in 08. I wrote to the in 08 the first time i requested the CCA. Then again in2010, and then again to say they hadn't sent me the CCA. There seems to be a small amount of money 'paid' about £8 perhaps they have used the postal orders? Indefinitely have no admitted or paid anything in over 6 years. They don't seem able to prove otherwise. And I can't log into mcol to issue a statute barred defence.

Oh dear me

[Scigal]

Re: County court papers received out of blue from lowell

When is your defence due? It would be 28 days from the date of service of your claim.

If you sent the CPR request around 2 weeks ago, they should have replied within 7 days so you should get on the phone to Drydens and get them to agree to an extension of the maximum 28 days allowed. Get them to put it in writing so you can notify the court before you go into surgery. :thumb:

hi,I think it's the 5th.

No joy on the phone, they seem a bit obtuse and unhelpful

i haven't received anything and I'm almost out of time. My biggest fear is that judgement will be made anyway, I'm due into surgery any day and I'm worried that I won't have a defence in time, and I don't know how to word it correctly

[FlamingParrot]

Re: County court papers received out of blue from lowell

When is your defence due? It would be 28 days from the date of service of your claim.

If you sent the CPR request around 2 weeks ago, they should have replied within 7 days so you should get on the phone to Drydens and get them to agree to an extension of the maximum 28 days allowed. Get them to put it in writing so you can notify the court before you go into surgery. :thumb:

[Scigal]

Re: County court papers received out of blue from lowell

Indeed they do!:mad2:

Would it be the payment referred to below? Because it should be easy to prove that a CCA request was sent! :thumb:

Hi,

gosh it's been hard! Moving house and having no proper internet till now!

both letters were sent off with PO and signed for. Lowels has been signed by 'Jacob', well when I say signed more like my 3 yr old crayoned on it, and the other hasn't yet. It's taken 6 days so far.

I haven't heard anything. And I'm getting nervous because I am due into surgery next week, and it willl be during the time I am supposed to have answered the court papers. So I'm thinking I need to mount some sort of defence fairly soon. What a horrible thing to go through.

Hope everyone is well x

[FlamingParrot]

Re: County court papers received out of blue from lowell

If you can, check what happened to the £1 payment of April 2010.

Some unscrupulous companies use it to make a 'token' payment on the account, making it appear as if you have acknowledged the debt by paying towards it.

Indeed they do!:mad2:

Would it be the payment referred to below? Because it should be easy to prove that a CCA request was sent! :thumb:

I have looked on my credit expert file, there's been no searches, but it does show a Lowell company and a default in2008- no where near the amount they are asking for. I know for a fact i didnt have a cc in 2008. But I do recall writing to someone to ask for a prove it/ copy of a CCA along with the £1.

Yes the letter is still on my pc, and i did receive a letter saying it would be looked into.but i can't remember who the company was.

[FlamingParrot]

Re: County court papers received out of blue from lowell

So those two letters, I need to send them both to the solicitors (Drydens) who are working on behalf of Lowell?

The CPR request goes to Drydens who have issued the claim, the CCA request to Lowell who own the account, both by recorded delivery so you can track them. Send a copy of your CCA request to Drydens as well.

Do I not add any defence to the MCOL just yet then too?

No, not yet, that's why you are requesting the documents, to be able to prepare your defence. Presumably you acknowledged the claim? You have 14 days to acknowledge.

Once you do the AoS, you have a total of 28 days from the date of service to submit your defence. If the solicitors cannot comply with your request in a timely manner, they should agree to an extension of time. Keep an eye on the timescales.

I did mail Celestine last week but I havent heard from her just yet.

Let's see what they respond to in the meantime.:ohwell:

[charitynjw]

Re: County court papers received out of blue from lowell

If you can, check what happened to the £1 payment of April 2010.

Some unscrupulous companies use it to make a 'token' payment on the account, making it appear as if you have acknowledged the debt by paying towards it.

[Scigal]

Re: County court papers received out of blue from lowell

Hello all, thanks Flaming Parrot,

So those two letters, I need to send them both to the solicitors (Drydens) who are working on behalf of Lowell?

Do I not add any defence to the MCOL just yet then too?

Thanks

ps I did mail Celestine last week but I havent heard from her just yet.