CCJ Letter Lowell

[Gorang]

Re: CCJ Letter Lowell

Sorry I forgot to ask this in my previous post

"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)

which I assume that you did not get one,
Am I right in my assumption???

[Gorang]

Re: CCJ Letter Lowell

one other thing I have just thought of which is

do you remember this 02 account at all??
If you do remember it, then I assume that you would of paid it by either DD or debit card over the phone or online

Would you still have old bank statements showing this account being paid, as they could show the last payment made to the account by you, to see if its Statute Barred (more than 6yrs from last payment)

[CleverClogs]

Re: CCJ Letter Lowell

the website is under maintenance!

Perhaps it fell over from all the use that Bowells have recently made of it?

[CleverClogs]

Re: CCJ Letter Lowell

Would you still have old bank statements showing this account being paid, as they could show the last payment made to the account by you, to see if its Statute Barred (more than 6yrs from last payment)

Wouldn't it be sufficient to aver that the alleged debt was SB and for Bowells to try to shew it wasn't?

[Gorang]

Re: CCJ Letter Lowell

Wouldn't it be sufficient to aver that the alleged debt was SB and for Bowells to try to shew it wasn't?

Better if you have proof to back it up

But as you say CC it is up to Lowell to show its not SB'd

But I personally would NOT like to aver that in a defence unless I was 100% sure or had proof to show that it was SB'd but that is just me

[newmeme14]

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
But your POC says


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

I was thinking that that "assigned to the claimant on 30/01/2008 notice of which has been given to the defendant." meant a payment plan

[newmeme14]

Re: CCJ Letter Lowell

Sorry I forgot to ask this in my previous post


which I assume that you did not get one,
Am I right in my assumption???

Absolutely correct!

[newmeme14]

Re: CCJ Letter Lowell

Hi guys,

I can't even remember which bank account I was using then. To me yesterday is a distant memory! I do remember having an old O2 account. When they (Lowell) confirmed my email address with me, it was ancient I thought blimey this is old! Old as in a good 8-9 years!

However, I had a funny phone call this morning-(they left a message) from BW Legal whom Lowell passed this too, asking to call them urgently.

Do you think they have got wind of the fact that I am going to defend the claim?

[Gorang]

Re: CCJ Letter Lowell

I was thinking that that "assigned to the claimant on 30/01/2008 notice of which has been given to the defendant." meant a payment plan

100% no

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

100% yes lol

Sorry I forgot to ask this in my previous post

which I assume that you did not get one,
Am I right in my assumption???

Absolutely correct!

That's what I thought but needed to confirm

I do remember having an old O2 account

Do you remember if there was any money outstanding on this account??

Can you say for 100% sure there has been no money paid to the account far a period of 6 years so that the account is 100% statute barred

If you can say for 100% its statute barred then you do have the option of submitting a statute barred defence as that is a absolute defence BUT I would ONLY use it if you are 100% sure it is definitely statute barred (and I stress ONLY IF YOU ARE 100% sure)

Statute barred = no payment AND no acknowledgement to the debt for 6 years in England (5 years in Scotland) AFTER the last payment was made

acknowledgement = stuff like, offering to pay anything towards the account

[newmeme14]

Re: CCJ Letter Lowell

Hi guys UPDATE TIME!!!!!!!!!!!!

So LW Legal gave me another call this morning. I got to talk to them. They clearly know that I chose to defend the claim as they have given me an "opportunity" to pay or pay over 6 months.
I asked her when this debt was from and it defaulted in 2005 and the last payment was also made in 2005. So I would say stat barred!!

So my next question to you knowledgable lovelies is:

Do I sent them the Stat barred letter? Do I send it to the courts?

I am scared that if I send it to the courts that BW Legals will somehow find a way to win??!!

HELP please !

Thank you all x

[Gorang]

Re: CCJ Letter Lowell

Did you get the name of the person that you spoke to??

Did you ask them to confirm what they said in writing??

PLEASE WRITE down a transcript of the full conversation now, while its still fresh in your mind (no matter what the answers are for the above questions


If you can answer the 2 questions above first then I will advise further

[Gorang]

Re: CCJ Letter Lowell

I am scared that if I send it to the courts that BW Legals will somehow find a way to win??!!

They have NO chance as long as the account is statute barred as even a judge can NOT make you pay once the magic 6yrs has passed and can be proved, so don't worry about that

[ODC]

Re: CCJ Letter Lowell

They CANNOT win if the Debt is Statute Barred. Simples

[newmeme14]

Re: CCJ Letter Lowell

Did you get the name of the person that you spoke to??

Did you ask them to confirm what they said in writing??

PLEASE WRITE down a transcript of the full conversation now, while its still fresh in your mind (no matter what the answers are for the above questions


If you can answer the 2 questions above first then I will advise further

No I didn't ask them to confirm this in writing.
I have her name and her direct dial.

I cannot remember word for word but along the lines of...

We want to give you the opportunity to pay off the debt in full or over 6 months.
Can you tell me when any payment was supposed to have been made on this account.
October 2005.
It also defaulted in Oct 2005.
We can give you the chance to pay today without it going to court.
I am going to look back through my old statements as I do not recall this at all.It was October 2005 that any payment was made.
Yes.
Ok I will call you back.

That was pretty much it.... Short and sweet but I did get her to clarify a few times about the last payment date.

[Gorang]

Re: CCJ Letter Lowell

I have her name and her direct dial.

Excellent

call her back to get a email address (not her personal email addy) from her (if you don't already have it) for you to send this TO HER, and get a reply for

put the transcript in a email

put at the top sumit like

Transcript of phone call received by NAME to NAME on xx/xx/xxxx at TIME
then
Transcript

Then at the bottom put sumit like

Do you NAME agree that this is a true recollection of the phone call on DATE TIME between you and me, if not please amend to your recolection
Can you please rely to this email (complete with contents)

(Can be worded a lot better but you get the idea)


Once she has gave you a conformation email to the transcript

(Make the phone call for the email addy and the next phone call below 2 separate phone calls otherwise I doubt that you will get the conformation email)

Then phone them back and advise them that this account has been statute barred for over 2yrs, and that you have proof of such from their own admission (forward the conformation email if necessary) so do they want to dismiss the claim now

if they do wish to dismiss the claim then tell them you require them to

inform the court that they are dismissing the claim, and also send a conformation letter to you stating they are dismissing the claim and will be bringing NO further action against you for this account

If they don't wish to dismiss the claim then say

Thank you and I will see you in court
Then we will get a statute barred defence made up, complete with the transcript conformation as proof, and submit it to the court, so they then HAVE to prove that the account is NOT statute barred

IF they have any sense then they will dismiss, but expect them to be awkward, also expect them to say they will get back to you on this, allow them a couple of days then ring them again to see what they say

DON'T let your date to submit a defence to run out no matter what they tell you

When does your defence need to be in by, can you remind me please