lowell portfolio 1 ltd county court claim form

[woody7211]

im 27 a single parent and when i was 18 i took a loan for 2000 out from hfc bank in 2007 after a while i was made redundant and couldnt make the payments i took out insurance on this loan which covered me for job loss but for some reason they would not let me claim on this so i offered 50 a month they would not accept this i couldnt offer any more so i just ignored these for a while then in 2008 i seeked advice from ca as this was not going away who then made an offer of £1.00 a month as i was on a very low income which they had to accept i paid in cheque every month until march/april 2009 as i lost all adresses and contact numbers so was waiting for them to contact me but since then i have been chased by moorcroft and countless others for this debt i have only been back to work for the past year part time and im on a very low income and as you can imagine bills and a 6 yr old doesnt come cheap so yesterday i received a claim form from northampton county court for the amount of 4565.61 which is the 2000 i originally owed plus the insurance which i couldnt claim on 185. court fee and 80 solicitors costs.
can anyone help me as i dont understand this form should i fill it in but im clueless on this matter and very scared

[Kati]

Re: lowell portfolio 1 ltd county court claim form

Can you post up a redacted copy of the court claim?
I'll move your post to the Court Claim section xx

[Amethyst]

Re: lowell portfolio 1 ltd county court claim form

im 27 a single parent and when i was 18 i took a loan for 2000 out from hfc bank in 2007 after a while i was made redundant and couldnt make the payments i took out insurance on this loan which covered me for job loss but for some reason they would not let me claim on this so i offered 50 a month they would not accept this i couldnt offer any more so i just ignored these for a while then in 2008 i seeked advice from ca as this was not going away who then made an offer of £1.00 a month as i was on a very low income which they had to accept i paid in cheque every month until march/april 2009 as i lost all adresses and contact numbers so was waiting for them to contact me but since then i have been chased by moorcroft and countless others for this debt i have only been back to work for the past year part time and im on a very low income and as you can imagine bills and a 6 yr old doesnt come cheap so yesterday i received a claim form from northampton county court for the amount of 4565.61 which is the 2000 i originally owed plus the insurance which i couldnt claim on 185. court fee and 80 solicitors costs.
can anyone help me as i dont understand this form should i fill it in but im clueless on this matter and very scared

Firstly - have you reclaimed the insurance you paid ?

Secondly you will need to acknowledge the claim and get a couple of letters sent off to obtain information to help you defend the claim. Have a read here http://www.legalbeagles.info/forums/...it-Court-Claim

If you stopped payments in March/April 2009 and haven't paid anything or acknowledged the debt since then then it could well be statute barred which means they have no claim against you.

We should write to the claimant telling them that as well.

Would you be able to tell us the date of issue of the claim form pls, and type out the particulars of claim from the front of the form.

[Amethyst]

Re: lowell portfolio 1 ltd county court claim form

Can you post up a redacted copy of the court claim?
I'll move your post to the Court Claim section xx

thanks Kati xx

[woody7211]

Re: lowell portfolio 1 ltd county court claim form

this is what i have received

[Amethyst]

Re: lowell portfolio 1 ltd county court claim form

Super thank you xx

So in your CPR 31.14 request (from that link I gave you before) you can ask for the Agreement and Terms, the Notice of Assignment and the Default Notice. We should also add onto that letter that the debt is time barred pursuant to section 5 of the Limitations Act 1980. That should go to Bryan Carters.

The CCA request should be sent to Lowell.

[woody7211]

Re: lowell portfolio 1 ltd county court claim form

thanx will do this now do i aknowledge the claim or do i wait to hear from claimant as there is a time limit

[Amethyst]

Re: lowell portfolio 1 ltd county court claim form

acknowledge the claim now via Moneyclaim online - the details are on the form. That gives you more time

Then your defence will be due in before Sunday, May 31, 2015 - So Friday 29th really.

[woody7211]

Re: lowell portfolio 1 ltd county court claim form

sorry im still quite confused can you tell me what my defence would be

[Amethyst]

Re: lowell portfolio 1 ltd county court claim form

First step is to ask for the relevant documentation. If they don't have it or it is fault then they cannot get the judgment against you. They have also left it for over six years to bring a claim against you, this means also that they are not entitled to the money.

So you have until the end of May to figure out, from the responses to the letters you send, what your defence will be, or whether to admit and make an offer on the debt.

It is likely your defence would be that the debt is time barred under the Limitations Act 1980 and is unenforceable under the Consumer Credit Act - both of which mean you would not have a judgment against you and the debt would have to be written off.

That's a way off though the first step is to get the letters sent to see on what basis they are claiming. If they come back with evidence of payments after April 2009 and a compliant credit agreement then you might need to make an offer ( based on your income and expenditure so would be similar amount to what you were paying under the DMP previously if you income hasn't changed a lot) .... but we should at least explore whether you can defend the case fully first.

[woody7211]

Re: lowell portfolio 1 ltd county court claim form

ok thankyou will send them letters off today and will let you know how i get on

[woody7211]

Re: lowell portfolio 1 ltd county court claim form

hiya have typed the cpr request out but before i send it can you check it through please.



01/05/2015

BryanCarter Solicitors LLP
11 DeHavilland Drive
Weybridge
Surrey
KT13 0YP



Dearsir/madam
Claim number:B******

I do notaknowledge any debt to you or any other company that you claim to berepresenting. The debt is time barred under the limitation act 1980 section 5in that the last payment or acknowledgement of this debt was made over 6 years agoand no further aknowledgemte or payment has been made since that time
. If youhave evidence that this debt isn’t statute barred then can you please provideevidence.

Request for documents mentioned in astatement of case under CPR 31.14


On 28/04/2105 i received a county court claimfrom yourselves of which i have acknowledged receipt indicating my intention todefend in full.

To enable me to file my defence and/orcounterclaim, I require inspection of documents you mention in your statement of caseahead of filing my defence on 29^th may 2015.

1. Agreement
2. DefaultNotice
3. Assignment

Inaccordance with CPR 31.15(c) I undertake to be responsible for your reasonable copyingcosts incurred in complying with this CRP 31.14 request.

You shouldnote that this claim has not yet been allocated to a specific track and theprovisions of CRP 27(2) are of no effect. Had your claim not been issuedthrough CCBC the claimant would have been obliged to attach copies of thedocumentation upon which it relies to the particular of claim. I, as defendant,am entitled to see the documents on which the claimant relies and which youwill have to produce at trial. Disclosure at this stage will enable me to fullyplead my case and further the overriding objective.

You shouldensure compliance with your CPR 31 duties and ensure that the document(s) Ihave requested are copied to and received by me within 7 days of receiving thisletter.

If yourequire more time in which to comply with this request you must tell me inwriting and confirm your agreement to an extension of the time allowed for meto file my defence as allowed under CRP 15.5 so I may notify the court. I have alsocontacted Lowell portfolio requesting my original credit agreement.

Looking fowardto hearing from you soon

[woody7211]

Re: lowell portfolio 1 ltd county court claim form

and this is the cca request thanx in advance

01/05/2015

Lowell Portfolio 1 LTD
Ellington House
9 Savannah Way
Leeds
LS10 1AB



Dear sir/madam
Re:-

I do not aknowledge any debt to you or any other company that you claim to be representing. The debt is time barred under the limitation act 1980 section 5 in that the last payment or acknowledgement of this debt was made over 6 years ago and no further aknowledgemte or payment has been made since that time
. If you have evidence that this debt isn’t statute barred then can you please provide evidence

With a reference to the above agreement i would be greatful 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 my credit agreement on request.
I enclose payment of £1.00 which represents the fee payable under the consumer credit act.

I understand a copy of my credit agreement should be supplied within 12 working days.
I look forward to hearing from you

Yours faithfully

[Amethyst]

Re: lowell portfolio 1 ltd county court claim form

grateful rather the greatful, otherwise excellent work happy for those to go off, don't forget to put your address on the letters xx

[woody7211]

Re: lowell portfolio 1 ltd county court claim form

thankyou have added them just took them out to post on here