Lowell Portfolio 1 LTD v Ginny

[ginny]

Re: Lowell Portfolio 1 LTD v Ginny

Ginny, when was the account opened please?
CPR 31.14 non compliance does not affect the status of the debt.
Non compliance with a CCA request within 12 + 2 Workings Days means the debt is unenforceable until the agreement is supplied.

nem

I have no record of when the account was opened other than probably sometime in the 90's and as I said before applied for CCA from TSB years ago and only got copy of agreement not a signed credit agreement.

Please, I really am getting desperate to send in a defence but not sure what to put as they have failed to supply me with the documents they are using.

Thanks so much once again for your help on this.

Ginny

[FlamingParrot]

Re: Lowell Portfolio 1 LTD v Ginny

I have Acknowledged Claim with intention to defend in full which the defence really needs to be sent in today before my time runs out.issue date was the 26/01/2015.

Don't panic! If the date printed on the claim was Jan 26th, then you have till the end of the week to submit your defence, I've just checked it here: http://www.timeanddate.com/date/date...&am=&aw=&ad=33

You get 28 days + 5 days allowed for service = 33 days from date printed, not date received.

Lowells state the default date is 2 June 2010

Last payment date as fair as I am aware is 26/06/2009 but without the statements etc I requested in the SAR to them that's my last recollection.

Tried to do credit check on Noodle but it couldn't give me any information but I will try now with a different card.

Don't worry about that, if you paid in June 2009 it wouldn't have been SBd on Jan 26th. The default date on your credit file doesn't have any relevance to court proceedings.

Also received a letter in the post in reply to the CPR I sent to Lowells's solicitors BW Legal it isn't the information I requested to submit my defence just a letter saying they had received instruction from their client and the file has been placed on hold whilst their client investigates my dispute..

Highly misleading to say things have been placed 'on hold' when they are taking you to court. :rant: :rant: You shouldn't believe such statements, others here did and ended up with default judgment. :scared:

Does their not complying with the CPR request within the 7 days mean they can't persue the claim any longer also they do not have the signed credit agreement.

Thanks Ginny

The only way they wouldn't be able to pursue the claim would be if you submitted an unless order to the court, forcing them to disclose the documents. When they don't comply with a CPR request you have the option to either do that (at a co$t), or submit a defence based on lack of documents. However, before doing either, I'd suggest trying to get them to agree to an extension. You have a letter from them saying the account is 'on hold', why not ask them to agree to a 28 day extension which is the maximum allowed under CPR15.5? To save time, you can ring and/or email them. :thumb:

[FlamingParrot]

Re: Lowell Portfolio 1 LTD v Ginny

Hi Nem I have been on Noodle and got credit report what info did you need of it please?

Don't worry about your credit report.

I have no record of when the account was opened other than probably sometime in the 90's

That's the important bit, the account was opened before 2007 (but after 1985). :thumb:

and as I said before applied for CCA from TSB years ago and only got copy of agreement not a signed credit agreement.

You mean a reconstituted copy? Whatever it was at the time, they may not be able to find it at this stage. Out of interest, I know it's been years, but would you recall how you applied for this account? In branch? Over the phone? A mailout?

Please, I really am getting desperate to send in a defence but not sure what to put as they have failed to supply me with the documents they are using.

See my post above, if it was Jan 26th then you still have time. :clock:

[ginny]

Re: Lowell Portfolio 1 LTD v Ginny

Don't panic! If the date printed on the claim was Jan 26th, then you have till the end of the week to submit your defence, I've just checked it here: http://www.timeanddate.com/date/date...&am=&aw=&ad=33

You get 28 days + 5 days allowed for service = 33 days from date printed, not date received.

Don't worry about that, if you paid in June 2009 it wouldn't have been SBd on Jan 26th. The default date on your credit file doesn't have any relevance to court proceedings.

Highly misleading to say things have been placed 'on hold' when they are taking you to court. :rant: :rant: You shouldn't believe such statements, others here did and ended up with default judgment. :scared:

The only way they wouldn't be able to pursue the claim would be if you submitted an unless order to the court, forcing them to disclose the documents. When they don't comply with a CPR request you have the option to either do that (at a co$t), or submit a defence based on lack of documents. However, before doing either, I'd suggest trying to get them to agree to an extension. You have a letter from them saying the account is 'on hold', why not ask them to agree to a 28 day extension which is the maximum allowed under CPR15.5? To save time, you can ring and/or email them. :thumb:

Thanks Flaming Parrot for checking the dates for me but I am still stressing about getting the Defence back on time and what to write......sorry the stress is really getting to me Help from anyone who has filled out a defence on a case like this would be fantastic

[ginny]

Re: Lowell Portfolio 1 LTD v Ginny

Don't worry about your credit report.

That's the important bit, the account was opened before 2007 (but after 1985). :thumb:



You mean a reconstituted copy? Whatever it was at the time, they may not be able to find it at this stage. Out of interest, I know it's been years, but would you recall how you applied for this account? In branch? Over the phone? A mailout?

See my post above, if it was Jan 26th then you still have time. :clock:

I don't really know how I applied for it I am presuming mail out its along time ago!

[FlamingParrot]

Re: Lowell Portfolio 1 LTD v Ginny

Thanks Flaming Parrot for checking the dates for me but I am still stressing about getting the Defence back on time and what to write......sorry the stress is really getting to me Help from anyone who has filled out a defence on a case like this would be fantastic

As above, I'd try and get an extension agreed in the first instance so you get an extra 28 days to file your defence. If they have said the account is 'on hold', there's no reason not to agree and you should quote their letter and use of those words.

Every case is different so you'll have to adapt them to your own circumstances but here are some examples:
http://www.legalbeagles.info/forums/...t-Court-Claims
http://www.legalbeagles.info/forums/...314#post519314
http://www.legalbeagles.info/forums/...027#post519027

[ginny]

Re: Lowell Portfolio 1 LTD v Ginny

As above, I'd try and get an extension agreed in the first instance so you get an extra 28 days to file your defence. If they have said the account is 'on hold', there's no reason not to agree and you should quote their letter and use of those words.

Every case is different so you'll have to adapt them to your own circumstances but here are some examples:
http://www.legalbeagles.info/forums/...t-Court-Claims
http://www.legalbeagles.info/forums/...314#post519314
http://www.legalbeagles.info/forums/...027#post519027

Thanks for that information Flaming Parrot you are a star! I am going to show my hubby when he gets in but I am still concerned if I ask the solicitor for an extension to submit defence how will the courts know about that and could they not rule against me?

[FlamingParrot]

Re: Lowell Portfolio 1 LTD v Ginny

Thanks for that information Flaming Parrot you are a star! I am going to show my hubby when he gets in but I am still concerned if I ask the solicitor for an extension to submit defence how will the courts know about that and could they not rule against me?

First of all, it wouldn't be a court ruling. If a defence is not submitted in time, the claimant (or solicitors acting for them) can request default judgment, this is an automated process that does not involve a judge looking at the case.

If they agree to an extension, all they'd have to do is send you an email saying they have agreed and you can forward the email to the court to inform them of the agreement. :thumb:

[ginny]

Re: Lowell Portfolio 1 LTD v Ginny

First of all, it wouldn't be a court ruling. If a defence is not submitted in time, the claimant (or solicitors acting for them) can request default judgment, this is an automated process that does not involve a judge looking at the case.

If they agree to an extension, all they'd have to do is send you an email saying they have agreed and you can forward the email to the court to inform them of the agreement. :thumb:

Thanks Flaming Parrot I will give that a try and use your attachments to try and form my best defence :juggle: and keep you posted!

[nemesis45]

Re: Lowell Portfolio 1 LTD v Ginny

Hi Nem I have been on Noodle and got credit report what info did you need of it please?

The credit report should show the date the account started and the date defaulted what show please.

nem

[ginny]

Re: Lowell Portfolio 1 LTD v Ginny

The credit report should show the date the account started and the date defaulted what show please.

nem

Hi Nem, the credit report doesn't show the account for Tsb at all only Lowell when they bought debt in September 2013 which has default for by the side of it for every month since then!

[nemesis45]

Re: Lowell Portfolio 1 LTD v Ginny

There should be a default date in a "separate Box" which will much earlier than the date the debt was acquired by Lowell.

If it isn't there something is wrong.

nem