County court papers received out of blue from lowell

[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.

[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

[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

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]

[super dude]

Re: County court papers received out of blue from lowell

Hi again. I had the understanding that the bankruptcy debt has to be £750 or over. I'm expecting them to serve the SD as they use it effectively try to get me to settle up asap. I've downloaded setting aside forms from the insolvency website to be ready.

[super dude]

Re: County court papers received out of blue from lowell

Thanks Amethyst. Looks like they are matching HMRC for bankruptcy petitions... Surely all those petition's would cost them a fortune with pennies in the pound in return.. Should I get the debt below the £750 then see what happens?

[Scigal]

Re: County court papers received out of blue from lowell

Hello all,

im getting ready to prepare my defence bundle. All i have is the saved copies of the Letters i have sent over the last several years, and the ones i sent recently. As well as the wording i used in my filed defence. Im not sure what else i should do. And am i right in thinking i send it to their solicitors or to the local court? Thanks all x

[Nibbler]

Re: County court papers received out of blue from lowell

COURT for a defence IIRC.

[Scigal]

Re: County court papers received out of blue from lowell

COURT for a defence IIRC.

Thanks just looking at the hearing letter, i also send it to their solicitors. No later than the 16th may, but that also means they must send me everything by then too. And the date has passedfor them to have not paid the hearing fee, so looks as if they feel they have something. I cant imagine what it is, but whatever it is its probably made up!

[Scigal]

Re: County court papers received out of blue from lowell

Do we have a rough idea of how many actually get as far as attending a hearing? And winning? Ty

[Amethyst]

Re: County court papers received out of blue from lowell

Give the court a buzz and see if it's still on, you never know, they didn't pay someone elses and got struck out earlier this week.

You defended on statute barring didn't you ?

How much is the claim for ? and could you post a copy of, or type out in full, the wording on the hearing letter please - just to make sure we're all on the right page.

[Scigal]

Re: County court papers received out of blue from lowell

Yes i will do.

the hearing letters says..

my name (which is incorrect)

hearing will take place on *soon* at 2pm, should take 2 hours. In small claims court

hearing fee of £110.00 is payable by 25 march by the claimant.

Thats about it really. Yes i said statute barred, and no LBA either.

It becomes 6 yrs old (on my credit file) in july.

[Amethyst]

Re: County court papers received out of blue from lowell

Where's it say about this bit '' just looking at the hearing letter, i also send it to their solicitors. No later than the 16th may, but that also means they must send me everything by then too. ''

[Scigal]

Re: County court papers received out of blue from lowell

Sorry that bit is in the attached order. Thats where my name was wrong.

The following directions apply to this claim:
6) each party must deliver to every party and to the court office all copies of all documents on which that party intends to rely on at the hearing no later than fourteen days before the hearing.m

[Amethyst]

Re: County court papers received out of blue from lowell

Okay cool, nothing specific then

So what evidence do you have that the debt is statute barred ?