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Lowell Portfolio 1 LTD v gratefuldefendant

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  • Lowell Portfolio 1 LTD v gratefuldefendant

    Hi Everyone,

    Firstly, thank you to everyone who has posted such informative and helpful advice on these forums - i've been a reader for some time but I am now in need of some assistance.

    I have received a CCJ from "Lowell Portfolio 1 LTD", for a debt which is really old (older than 6 years).

    The problem is however, that they didn't send it to me, but my parents address which is where I was living when I incurred the debt. So I didn't get the claim form within the 14 days, and the CCJ has now been registered against me.

    I have sent off a CCA request to BW Legal (Lowell's solicitor), just as advised by Amethyst.

    The debt is about 9 years old and I haven't made any further payments in about 8 years, so I am pretty certain it is statute barred - the debt doesn't even show on my credit file anymore.

    Does anyone have advice on what I can do now? Is it worth me sending an SAR to BW Legal?

    Thanks in advance for any help.
    Tags: None

  • #2
    Re: Lowell Portfolio 1 LTD v gratefuldefendant

    You need to apply to set aside the judgment as you didn't receive it - http://www.legalbeagles.info/forums/...lication-notes

    Your defence to go with it can simply be that it is statute barred due to s.5 limitations act 1980

    They are very likely to come up with some payments within 6 years so if you can get hold of bank statements etc to show you haven't made any payments that might be helpful further along the line.

    What is the original debt ?
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

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    Example Defence
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    NOTE: If you receive a court claim note these dates in your calendar ...
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    If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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