CCJ Letter Lowell

**Amethyst** · 4th December 2013, 13:20:PM

Re: CCJ Letter Lowell

If a payment plan was made Jan 2008 and that was the last contact you had about the debt then it would be going stat barred in Jan 2014, which is more than likely why they are sending you a court claim now.

So it's quite important you find out if that was the case - can you check bank statements or anything if you paid anything to them in 2008 ?

Is the 'middle man' Bryan Carter ?

Yes you could go back to Lowells to arrange a payment plan but I'd double check on the stat barred part first as making a payment plan would be acknowledging the debt.

Have you acknowledged the claim as yet ? If not you do need to do this so your time for getting organised is extended to 28 days from service of the claim.

**FlamingParrot** · 4th December 2013, 15:47:PM

Re: CCJ Letter Lowell

Originally posted by Rachelw View Post

A few days ago I received a money claim CCJ from Lowell for an old o2 account.

When was that? You have to acknowledge the claim within 14 days of date of service to avoid getting default judgment. If you state your intention to defend, you will have a further 14 days to submit your defence.

Originally posted by Rachelw View Post

I am so angry because I called them twice a few months ago to get the information (dates etc) for when the debt was from as I think it may qualify for stat barred and they never called me back with the relevant info. Next thing I know, I get this letter!!

Originally posted by Rachelw View Post

I do not want a CCJ but I cant afford to pay £540 in the next few days!!

What options have I got?
Can I go back to Lowell and make a payment plan through them subsequently cutting out the middle man?

You wouldn't need to pay "in the next few days". Even if they got a CCJ against you, you could pay it within 28 days (of date of judgment, not date claim was issued, and get it wiped). If the debt is not SBd, you could try to negotiate a repayment plan with Lowell and get them to withdraw. Why is the middle man? Presumably the solicitors acting for them. :noidea:

Originally posted by Rachelw View Post

It says on this letter that a payment plan was made 30/01/2008 and not adhered to- I dont even remember this far back so I couldn't tell you if that is correct or not.

My main aim in this is to not get a CCJ at all.

I just wish if they had called me back to tell me the dates I could have gotten a stat barred letter out to them (if 6 years had passed)...

If you set up a payment plan in Jan 2008, that would constitute acknowledgment of the debt, even if no payments were made afterwards. :sad:

The first thing you need to do that is acknowledge the claim, which you can do online using the password provided on the claim. :typing:

**Gorang** · 4th December 2013, 16:12:PM

Re: CCJ Letter Lowell

A few days ago I received a money claim CCJ from Lowell for an old o2 account

I am assuming this is a summons and not just a letter threatening a CCJ, can you confirm that it is a summons??

if it is a summons then what is the issue date on it so we can determine when your 28 days will be up??

also can you post up the exact wording that's in the POC box please (minus any personal details or account numbers)

**newmeme14** · 9th December 2013, 18:54:PM

Re: CCJ Letter Lowell

The middle man being the courts :-/
The poc box says:

"The claimants claim is for £540.13 being monies due from the defendant to the claimant under a non regulated communications agreement between the defendant and telefonica O2 uk limited.

under account ref xxx
and assigned to the claimant on 30/01/2008 notice of which has been given to the defendant.
The defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with(cant see that on my credit report)
the claim also includes statutory interest pursuant to section 69 of the county courts act 1984 at a rate of 8.00% per annum(a daily rate of 0.07 from the date of assignment of the agreement to the date of issue (22/11/2013) being the amount of £148.68."

I have just gone online to extend and the website is under maintenance! I still have 6 days....

**newmeme14** · 9th December 2013, 19:03:PM

Re: CCJ Letter Lowell

Ok I am now so confused!!! Just called Lowell with the ref number on my poc and the guy said it was for an amount about £100 less and that it has been passed on to BW Legal!!!!!!!

I am so confused!

Please help!

**CleverClogs** · 10th December 2013, 00:10:AM

Re: CCJ Letter Lowell

Originally posted by FlamingParrot View Post

If you set up a payment plan in Jan 2008, that would constitute acknowledgement of the debt, even if no payments were made afterwards.

Even if the alleged "payment plan" - said to have been set up on the same day the account was assigned to Bowells - had been agreed over the electric telephone rather than in writing?

**ODC** · 10th December 2013, 01:07:AM

Re: CCJ Letter Lowell

This was assigned to The leeds Losers in Jan 2008 so presumably no payments were made for a few months prior to this. IMHO this is Statute Barred

**Gorang** · 10th December 2013, 09:15:AM

Re: CCJ Letter Lowell

if it is a summons then what is the issue date on it so we can determine when your 28 days will be up??

Can you let us know the issue date??

I have just gone online to extend and the website is under maintenance! I still have 6 days....

Since you say you have 6 days left, is the issue date on the summons 2nd December

Have you acknowledged the claim as yet ? If not you do need to do this so your time for getting organised is extended to 28 days from service of the claim.

as Amethyst says, so we will need to determine when the date is for you to file a defence by

You have to acknowledge the claim within 14 days of date of service to avoid getting default judgment. If you state your intention to defend, you will have a further 14 days to submit your defence.

As FP says, hence why the issue date is important

You get 14 days to acknowledge then a further 14 days to submit a defence

and as ODC says

This was assigned to The leeds Losers in Jan 2008 so presumably no payments were made for a few months prior to this. IMHO this is Statute Barred

so VERY important that the claim is acknowledged within the first 14 days, as if it's not the claimant could/will obtain a CCJ against you by default which is what the claimant is hoping for if the account is Statute Barred

Are you trying to get onto this website to acknowledge the claim
https://www.moneyclaim.gov.uk/web/mcol/welcome

**newmeme14** · 10th December 2013, 11:28:AM

Re: CCJ Letter Lowell

Issue date 26th November 2013.

I said 6 days only because I read it adds on 5 days from issue date...somewhere on the letter

Yes it was on that website link, I tried last night but it was under maintenance annoyingly.

I am going to re try in a moment and will report back once this had been done.

Thank you so much :santa2:

**newmeme14** · 10th December 2013, 14:00:PM

Re: CCJ Letter Lowell

Hi Guys

My given password is not working. I have called up Money claim and they cannot issue a new one. They have told me that I have to email or fax it over( my Acknowledgement of service) she said I have until 16th December and then it will be until 30th Dec to file my defence.

Before I email this off, does anyone have any advice to give me before sending it? If not I will let you know once it is done.

Thank you

**newmeme14** · 10th December 2013, 14:02:PM

Re: CCJ Letter Lowell

Oh no I am stuck. Do I tick:

-I intend to defend all of this claim
-I intend to defend part of this claim
-I intend to contest jurisdiction

THANK YOU !:santa2:

**Gorang** · 10th December 2013, 14:26:PM

Re: CCJ Letter Lowell

I said 6 days only because I read it adds on 5 days from issue date...somewhere on the letter

Yes it was on that website link, I tried last night but it was under maintenance annoyingly

14 days + 5 days postage to acknowledge the claim then a further 14 days to submit a defence, or your intentions to the court, total of 33 days from the issue date

which in your case is
issue date 26th November
need to acknowledge by Monday the 16th at the very latest, but personally I would get the ball rolling today for acknowledging the claim so its in, in plenty of time

My given password is not working. I have called up Money claim and they cannot issue a new one. They have told me that I have to email or fax it over( my Acknowledgement of service) she said I have until 16th December and then it will be until 30th Dec to file my defence.

Email would be my choice, as its faster

Oh no I am stuck. Do I tick:

-I intend to defend all of this claim
-I intend to defend part of this claim
-I intend to contest jurisdiction

Defend all of the claim as you can always change this at a later date

Once you have this done then this gives you time to come to an arrangement with the claimant or defend the action

**newmeme14** · 10th December 2013, 15:50:PM

Re: CCJ Letter Lowell

Thank you all!

Ok I have now sent this over via email.

Can anyone please tell me what the next best thing to do is. Is it best to contact BW Legals to see what dates they have for the debt?

Thank you!

**Gorang** · 10th December 2013, 16:34:PM

Re: CCJ Letter Lowell

Now you have acknowledged the claim we can now concentrate on obtaining documented proof (or lack of) of the alleged debt

One thing I have noticed is you said here

It says on this letter that a payment plan was made 30/01/2008 and not adhered to- I dont even remember this far back so I couldn't tell you if that is correct or not.

But your POC says

"The claimants claim is for £540.13 being monies due from the defendant to the claimant under a non regulated communications agreement between the defendant and telefonica O2 uk limited.

under account ref xxx
and assigned to the claimant on 30/01/2008 notice of which has been given to the defendant.
The defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with(cant see that on my credit report)
the claim also includes statutory interest pursuant to section 69 of the county courts act 1984 at a rate of 8.00% per annum(a daily rate of 0.07 from the date of assignment of the agreement to the date of issue (22/11/2013) being the amount of £148.68."

Which doesn't mention about a payment plan, so were you referring to another letter that you received from Lowells???? (if so can you post this other letter up minus personal details please)

or were you thinking that "assigned to the claimant on 30/01/2008 notice of which has been given to the defendant." meant a payment plan???? (can you confirm either way please)

"assigned to the claimant on 30/01/2008 notice of which has been given to the defendant." just means that Lowell bought the alleged debt from 02 on this date and they say you were sent a notice letting you know this, which is a Notice of Assignment (NOA)

Your next move is to send a CPR 31.14 request to BW Legal which askes them to provide the documents to you that they are going to use as evidence against you

CPR 31.14 request template is in FP's post 18 here
http://www.legalbeagles.info/forums/...ue-from-lowell

As for the contract I am unsure how to obtain that or if it can be obtained as it is a Phone contract, so I will need others with more knowledge than me to comment on that

CCJ Letter Lowell