BCS/Lowell Portfolio - Notice of Proposed Allocation Small Claims Track DUE 22 May

[NattyNetts]

Hi Everyone,

This is a great site and extremely helpful, so thank you in advance.

Am writing on behalf of my flatmate who received a Court Claim which he defended stating that the alleged Claim was statute barred as it was at least 7 years old and he has not been in touch with anyone regarding the claim of £1,700 and asking for proof of the debt.

In reply, he received a Notice of Proposed Allocation to the Small Claims Track (copy attached) with cover letter. One received from the Court and a filled out one from Bryan Carter Solicitors.

My flatmate does not believe that he should be paying this claim or any part thereof and my questions are:

• should he refer to the Small Claims Mediation Service?
• in C1 he does not believe it should even go to court, however, if he says NO then where does it go?

Anyway, advice on what are the best options is much appreciated.

Do I take it that "file it with the court office and serve copies on all other parties" means to post it so that all parties receive a copy?

Thanks,
NN

[wales01man]

Re: BCS/Lowell Portfolio - Notice of Proposed Allocation Small Claims Track DUE 22 Ma

If its not sorted with mediation Lowell will take it to court the decision on mediation is for both parties the decision for Court is for Lowell a defence must be prepared plenty of advice on LB to help

[NattyNetts]

Re: BCS/Lowell Portfolio - Notice of Proposed Allocation Small Claims Track DUE 22 Ma

If its not sorted with mediation Lowell will take it to court the decision on mediation is for both parties the decision for Court is for Lowell a defence must be prepared plenty of advice on LB to help

Thanks wales01man, much appreciated. Will read the other threads.

[NattyNetts]

Re: BCS/Lowell Portfolio - Notice of Proposed Allocation Small Claims Track DUE 22 Ma

Hi Anybody,

Can you help me to fill out the N180 form - Notice of Proposed Allocation to the Small Claims Track.

Not sure what to put in

• A1
• C1
• D1

of the form

Thanks
NN

[Amethyst]

Re: BCS/Lowell Portfolio - Notice of Proposed Allocation Small Claims Track DUE 22 Ma

A1 - yes
C1 - yes - as the amount is under £10k it would be in small claims track, over £10k would go to fast track (slightly different procedures and higher costs risks)
D1 - YOUR (well, your friend's) local county court - https://courttribunalfinder.service....&spoe=continue

Yes send a copy to the claimant as well as the court

Basically even though your friend does not believe it should go to court, the claimant disagree - so it needs to go to court to decide whether the debt is statute barred. the claimant will need to provide evidence of payment or acknowledgement within the last 6 years in court for them to succeed

[Amethyst]

Re: BCS/Lowell Portfolio - Notice of Proposed Allocation Small Claims Track DUE 22 Ma

So far as I can see from the Defence your friend hasn't sent a CCA request to the Claimant (LOWELL) - I would suggest doing this as it may give you a secondary defence JUST IN CASE any random payment pops up as the Statute barred is currently the only defence.

Paste from guidance

2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

[NattyNetts]

Re: BCS/Lowell Portfolio - Notice of Proposed Allocation Small Claims Track DUE 22 Ma

Amethyst,

Thanks for such detailed information, most appreciated. Am just with my flatmate and we are about to complete the form. Will do the CCA following the guidelines; great suggestion.

Will send papers recorded delivery tomorrow to ensure it gets to its destination on time (Friday) and will let you know how the matter progresses.

Until and thanks again,
NN

[NattyNetts]

Re: BCS/Lowell Portfolio - Notice of Proposed Allocation Small Claims Track DUE 22 Ma

Quick note to say that flatmate received a Notice of Discontinuance of his case. It says that the claimant discontinues all of this claim.

What does this truly mean? Does he have to do anything?

Thanks NN

[Nibbler]

Re: BCS/Lowell Portfolio - Notice of Proposed Allocation Small Claims Track DUE 22 Ma

Should be it. May be advisable to double check with the court, but that should be enough to put it to bed.

[FlamingParrot]

Re: BCS/Lowell Portfolio - Notice of Proposed Allocation Small Claims Track DUE 22 Ma

Quick note to say that flatmate received a Notice of Discontinuance of his case. It says that the claimant discontinues all of this claim.

What does this truly mean? Does he have to do anything?

Thanks NN

Great news! Means they've given up on a hopeless case. :whoo: :whoo: :whoo:

This is becoming our new anthem:

[NattyNetts]

Re: BCS/Lowell Portfolio - Notice of Proposed Allocation Small Claims Track DUE 22 Ma

Should be it. May be advisable to double check with the court, but that should be enough to put it to bed.

Thanks Nibbler,

Will heed advice and double check with the court. Will also get him to check his credit rating to see what could be lurking there.

Until then,
NN

[NattyNetts]

Re: BCS/Lowell Portfolio - Notice of Proposed Allocation Small Claims Track DUE 22 Ma

Hi Flaming Parrot,

You surely made me smile this morning !
Thanks for your support and video - much appreciated.

NN

[NattyNetts]

Re: BCS/Lowell Portfolio - Notice of Proposed Allocation Small Claims Track DUE 22 Ma

So far as I can see from the Defence your friend hasn't sent a CCA request to the Claimant (LOWELL) - I would suggest doing this as it may give you a secondary defence JUST IN CASE any random payment pops up as the Statute barred is currently the only defence.

Paste from guidance

2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

Hi Amethyst,

Looks like the CCA Request helped with defence as we did not get a copy of anything an just received a Notice of Discontinuance to all claims in this matter. Will follow up with court and then post the outcome.

Thanks again,
NN

[nemesis45]

Re: BCS/Lowell Portfolio - Notice of Proposed Allocation Small Claims Track DUE 22 Ma

Thanks Nibbler,

Will heed advice and double check with the court. Will also get him to check his credit rating to see what could be lurking there.

Until then,
NN

The discontinuance of the claim will not affect the entries on credit files, if a defaulted account is reported on files it will remain on file for 6 years from the default date paid or not.

nem

[NattyNetts]

Re: BCS/Lowell Portfolio - Notice of Proposed Allocation Small Claims Track DUE 22 Ma

The discontinuance of the claim will not affect the entries on credit files, if a defaulted account is reported on files it will remain on file for 6 years from the default date paid or not.

nem

Thanks Nem, interesting information to note and will pass on.

Appreciated, NN