Court Form for Lowell Portfolio

[stefanieburton]

Re: Court Form for Lowell Portfolio

Pm'd you, thank you

[stefanieburton]

Re: Court Form for Lowell Portfolio

I have had acknowledgement from the court that they have received the defence but nothing from either of the companies in response to the letters sent. My fear is now they are sending letters for other debts and advantis have rung my fiancé's mobile but no idea how they have the number but the contract is in my name

[stefanieburton]

Re: Court Form for Lowell Portfolio

I have today received a letter from bw legal with an enclosed letter to say their client would like to continue to peruse the case. Not sure now where I go as I still never received any copies of the information we requested but yet they can reply to the court??

[stefanieburton]

Re: Court Form for Lowell Portfolio

Another problem is now our circumstances have changed, neither of us are currently working as my partners seasonal work has finished until the end of July, unless he can find something inbetween and I don't work due to the 3 children.

[FlamingParrot]

Re: Court Form for Lowell Portfolio

I have had acknowledgement from the court that they have received the defence but nothing from either of the companies in response to the letters sent. My fear is now they are sending letters for other debts and advantis have rung my fiancé's mobile but no idea how they have the number but the contract is in my name

I wouldn't worry too much about Advantis, they are rather toothless in my experience, they were chasing me for tax credits overpayment but gave up rather easily. :grin:

I have today received a letter from bw legal with an enclosed letter to say their client would like to continue to peruse the case. Not sure now where I go as I still never received any copies of the information we requested but yet they can reply to the court??

From posts above, I can see you submitted a defence. In due course you should receive a directions questionnaire stating the case has been allocated to small claims, etc. (I'm assuming this claim is under £10k).

Another problem is now our circumstances have changed, neither of us are currently working as my partners seasonal work has finished until the end of July, unless he can find something inbetween and I don't work due to the 3 children.

That shouldn't be a problem, if the debt is statute barred, you should be able to successfully defend this. :thumb:

Even in the event that it wasn't, and you didn't have a viable defence, you can't be made to pay what you can't afford. You'd submit an income an expenditure sheet showing what you can afford. When you are on benefits, it's often just £1/month.

[stefanieburton]

Re: Court Form for Lowell Portfolio

Thank you replying, I shall wait a little longer and see what arises.

[stefanieburton]

Re: Court Form for Lowell Portfolio

Ok I received a direction questionnaire it's for a small claims mediation hearing. Which is fine, but how do I try and defend this? They never sent me evidence that I requested by recorded delivery, my credit file reads shopacheck with the account number as start date 11/10/2010, status settled, satisfied 04/05/2011 with no default, then it shows loan from Lowell start date 11/10/2010, status defaulted, default date 19/04/2011. Shopacheck is showing under my current address which I moved into in 2006 but Lowell is showing on my previous address which I moved out off in march 2006?. I've filled it in as it had to be in yesterday and family illness has prevented me from coming online. All help gratefully received.

[Nibbler]

Re: Court Form for Lowell Portfolio

What did you state when you filled it in?

[stefanieburton]

Re: Court Form for Lowell Portfolio

Do you agree to this case being referred to the small claims mediation service? I answered yes the same as them.

Do you agree that the small claims track is the appropriate track for the case? I answered yes they did the same.

Hearing venue - I put Grimsby as it's my nearest, they left blank.

Are you asking for the courts permission to use the written evidence of an expert I answered no, they did also

No witnesses

[Nibbler]

Re: Court Form for Lowell Portfolio

Well, the inelegant method would be to turn up, list the reasons why the debt is either not yours or would be statute barred, and then tell the rep from Lowells exactly where they can 'stick' their claim.

End of mediation session.

I'm sure that's not the correct legal approach though. :tinysmile_hmm_t2:

[ncf355]

Re: Court Form for Lowell Portfolio

Given some of the quotes we've seen on here regards so called 'mediators' I would be very careful though and make sure you have clear facts and stick to your guns

Seen at least one example where even after the Defendant showing clearly the debt was unenforceable, the mediator was trying to get them to settle for a lower payment amount (basically trying to get it wound up quickly and mark one of their list!)

[stefanieburton]

Re: Court Form for Lowell Portfolio

What do I do about them having it at the old address and CL having it at the current address? I've been here 8 years, they won't give me any documentation I've asked for and the credit file doesn't show anything other than the dates I've posted above

[stefanieburton]

Re: Court Form for Lowell Portfolio

Been a while since i commented here, i received a letter on Friday from my local court as it got transferred here, stating the case is stayed for 28 days for mediation purposes. The parties will report in writing to the court at least five days before expiry of the stay and request either 1, any further stay required or 2 directions for the future conduct of the claim. Such directions should be agreed, if possible, and draft directions filed with the report in one document where alternate clauses are sought the parties shall place them in chronological sequence and indicate the paragraphs sough by each party. In default the court may strike out the claim/defence without further notice and of its own motion. If settled the terms contained in an agreed draft consent or tomlin order with relevant fee would be filed with the court. It the says it beleives mediation is suitable and how to accept it.

I'm not sure what to do as i've still never received requested information on the account so i don't actually know when it is from or if its passed 6years, other than the date on the credit file states 2010 at a previous address that defaulted, i do know now that searching through my credit file it is shopacheck as i've matched the account numbers up they defaulted it also but a week previous to Lowell (no mention of CL Finance anywhere). Can i request the information through the court?

Any advice greatly received.

[stefanieburton]

Re: Court Form for Lowell Portfolio

Can anybody advice?

[ncf355]

Re: Court Form for Lowell Portfolio

Hi,

I would be inclined to contact HL Legal by phone again and ask them to consent to the claim being discontinued with each side to bear their own costs as:

A) They have supplied no documentation in responsew to the CPR request
B) They have supplied no documents in response to the S77 request
C) The debt is statute barred (I'm assuming Celestine put the Statute Barred element in the new defence she said she would issue for you?)