Court Form for Lowell Portfolio

**wales01man** · 25th February 2014, 08:37:AM

Re: Court Form for Lowell Portfolio (not sure if correct title)

Was this a Company debt?if you are a sole trader not LTD you are liable for the debt even if you close the company.Try to think who you might owe money to if its a loan you may be able to check Bank statements to find out more.

**stefanieburton** · 25th February 2014, 17:27:PM

Re: Court Form for Lowell Portfolio (not sure if correct title)

Hi thank you for replying, no it's not a company debt other half owns the company. This letter was in my name I don't recall ever dealing with a company called CL Finance.

**Nibbler** · 27th February 2014, 07:48:AM

Re: Court Form for Lowell Portfolio (not sure if correct title)

OP has posted OTR on this

http://forums.moneysavingexpert.com/....php?t=4907543

and really needs some help on the legal side on what to do with this claim.

Thanks.

**pt2537** · 27th February 2014, 08:19:AM

Re: Court Form for Lowell Portfolio (not sure if correct title)

Originally posted by Nibbler View Post

OP has posted OTR on this

http://forums.moneysavingexpert.com/....php?t=4907543

and really needs some help on the legal side on what to do with this claim.

Thanks.

Cheers Nib,

will take al ook when i get a sec today.

**Nibbler** · 27th February 2014, 18:32:PM

Re: Court Form for Lowell Portfolio (not sure if correct title)

Thanks.

**Amethyst** · 27th February 2014, 18:59:PM

Re: Court Form for Lowell Portfolio

Your first step is to acknowledge the claim. You can do this online at MoneyClaimOnline.

The passwords and references for logging in to your claim should be on the front page of the N1 claim form you have received.

Once in you need to select ''I intend to defend this claim in full''. This isn't binding, but it does extend the time you have to respond from 14 days to 28 days from the date of service. (The date of service is usually deemed around 4/5 days after the date on the claim form - or around the date you received it)

The next step is to post up the Particulars of Claim (POC) from the front of the claim form on your thread, just in case there is anything unusual about the claim.

Next step is to send a couple of letters off;

First letter is to go to the creditor see if they have the right to enforce the debt. This will require you to send a £1 postal order / cheque with the following letter;

Address
Address
Address

Dear Sir/Madam

Re:− 000000000000

With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement.

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a legible copy of the credit agreement on request. I enclose a payment of £1.00 which represents the statutory fee payable under the Consumer Credit Act.

I understand a copy of my credit agreement should be supplied within 12 working days. Should you fail to comply with my request you will be unable to enforce this debt.

Should you require more time to comply, please confirm this to me in writing, and confirm that you have placed all and any action on this account on hold.

I look forward to hearing from you.

Yours faithfully

Secondly you need to send a formal CPR (Civil Procedure Rules) request for disclosure of documents mentioned in the statement of case (POC). Usually they mention a contract or agreement, assignment, default notice and the amount. This letter goes to the solicitors

Address
Address
Address

Date

Address
Address
Address

Dear Sir/Madam,

In the Northampton County Court
Claim No: XXXXXXXXX
between LOWELL PORTFOLIO 1 and XXX YOUR NAME XXXX

Request for Information under CPR Part 31.14

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following document(s) mentioned in your statement of case ;

1: the agreement/ contract

2: the assignment

3: the default notice

4: statement of account

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested.

I look forward to hearing from you.

Yours faithfully

**pt2537** · 27th February 2014, 19:01:PM

Re: Court Form for Lowell Portfolio

Originally posted by stefanieburton View Post

Hi, I have just found your forum this morning. Hopefully you can help me as after a quick look through (I will look thoroughly this evening when children are in bed) it looks like a world of knowledge/help which is just what I need.

When I got home Saturday I had a claim form through my door Claimant - Lowell Portfolio 1 LTD for the sum of £651.39 (inc costs) for an unsecured loan agreement between myself and CL Finance Limited, there is an account reference but I don't know who they are. I have googled all over the weekend trying to get information but to no success unless i'm searching wrong.

I haven't filled anything in yet as i'm unsure what to do next? I have debt issues that i'm still tidying up well trying to but ive not had no help in this information wise, and were due to shut our company down due to running at a loss (sole trader) so I apologise now if i'm being a pain.

Thank you in advance, I will pop back later on.

Are there any debts which are unaccounted for? are there any debts which are around the same balance outstanding which "could" be the debt in question?

There are possibilities to obtain the information you need, although due to the amount in question it seems likely the Claim will be a small claims case so a part 18 request is out of the equation .

**stefanieburton** · 6th March 2014, 20:19:PM

Re: Court Form for Lowell Portfolio

Hi guys sorry I haven't replied my dad was taken into hospital. Thank you for your help I do appreciate it.

Amethyst I assume the 2nd letter is sent to BW Legal which is the one listed in the address box for all documents.

PT2537 I have had another look and cant find anything remotely near.

**stefanieburton** · 6th March 2014, 20:28:PM

Re: Court Form for Lowell Portfolio

Hi again, I think I may have found it, well actually I spotted the account numbers on the credit file and the last 4 digits are the same as the claim form.

It is on my credit file as Lowell at an address I moved out of in March 2006

Account start date 11/10/2010 (Im guessing this is when they bought it?)
Default Balance £479
Default Date 19/04/2011

As for the debt I haven't a clue what it is but I did live here 2003 - 2006

What do I do now im guessing this may change everything?

**stefanieburton** · 9th March 2014, 22:38:PM

Re: Court Form for Lowell Portfolio

**Amethyst** · 10th March 2014, 00:46:AM

Re: Court Form for Lowell Portfolio

Originally posted by stefanieburton View Post

Hi again, I think I may have found it, well actually I spotted the account numbers on the credit file and the last 4 digits are the same as the claim form.

It is on my credit file as Lowell at an address I moved out of in March 2006

Account start date 11/10/2010 (Im guessing this is when they bought it?)
Default Balance £479j
Default Date 19/04/2011

As for the debt I haven't a clue what it is but I did live here 2003 - 2006

What do I do now im guessing this may change everything?

Hi Stefanie, hope your dad is ok xx when's your defence due in? Did you get the CPR and cca letters sent off? that you can see a debt on your credit file from Lowell doesn't have much bearing as you still don't know what the debt is so you need to push on with requesting the information through the CPR 31.14 request http://www.legalbeagles.info/forums/...ic-information . As you can't defend nor admit when you don't know what the debt is, and by the sounds of it it could be stat barred if its from 2006.

**ncf355** · 10th March 2014, 09:01:AM

Re: Court Form for Lowell Portfolio

Looking at the details - seeing CL Finance makes me think there is a high likelihood this is a store card (such as Burtons, Dorothy Perkins, etc?)

They (CL Finance) went through a phase a while back of buying this type of debt and making an absolute hash of issuing claims via Howard Cohen solictors.

I went to court and wiped the floor with them as the documents were

a) illegible

b) what was there wasnt up to the CCA 74'

So it seems likely that CL Finance bought it from the original creditor, then sold it to Lowells

**stefanieburton** · 11th March 2014, 21:52:PM

Re: Court Form for Lowell Portfolio

Originally posted by Amethyst View Post

Hi Stefanie, hope your dad is ok xx when's your defence due in? Did you get the CPR and cca letters sent off? that you can see a debt on your credit file from Lowell doesn't have much bearing as you still don't know what the debt is so you need to push on with requesting the information through the CPR 31.14 request http://www.legalbeagles.info/forums/...ic-information . As you can't defend nor admit when you don't know what the debt is, and by the sounds of it it could be stat barred if its from 2006.

Hi, hes a lot better thank you and home now. I have sent both letters of as you said :-), just awaiting the reply from them.

**stefanieburton** · 12th March 2014, 08:20:AM

Re: Court Form for Lowell Portfolio

Hi amethyst the issue date on the claim form is 19th Feb 2014 so am I right in saying 24th March? Of course the 2 letters didn't get sent either until Monday due to my dad, am I right in thinking I may run out of time here?

Court Form for Lowell Portfolio