CCJ Application/BW Legal/British Credit Trust

[lte69]

Re: CCJ Application/BW Legal/British Credit Trust

OK that clears it up I think Caquest has sold to Lowell and Lowell has failed to up date the CRA files, which agency are you checking?

nem

Ok, thank you. I am using Noddle at the moment. What will I have to do/say in court?

[Berniethebolt]

Re: CCJ Application/BW Legal/British Credit Trust

In your CPR31.14 request you have obviously requested the notice of assignment. Assuming that they actually produce one it will be interesting as if it claims to be a NOA from BCT to lowell then you can place serious doubt in the mood of the judge by presenting the credit report showing Crapquest being the owner, If it sows the purchase from crapquest you can then ask for the NOA from BCT to Crapquest. Either way you can place doubt and confusion infant of the judge and a worse case scenario cost Lowells time and money sorting it out.

[nemesis45]

Re: CCJ Application/BW Legal/British Credit Trust

Ok, thank you. I am using Noddle at the moment. What will I have to do/say in court?

Ok it of all Check Experian and or Equifax both have 30 day free trials, Noddle is an off shoot off Call Credit and has been found quite often to be out of date, companies do not report to Noddle directly it relies on data handed down from CC.
What have thought about using as a defence? I see you have queried the amount Lowell is claiming can you clarify this point please.

nem

[Berniethebolt]

Re: CCJ Application/BW Legal/British Credit Trust

From what I can see the defence is failure of S77-79 and lack of documents at the moment . I thought that Noddle were getting better , well thats what I was told, although I am aware that not all companies report to all agencies

[nemesis45]

Re: CCJ Application/BW Legal/British Credit Trust

From what I can see the defence is failure of S77-79 and lack of documents at the moment . I thought that Noddle were getting better , well thats what I was told, although I am aware that not all companies report to all agencies

No one reports to Noddle it's Call Credits that's used and often late as well.

nem

[Berniethebolt]

Re: CCJ Application/BW Legal/British Credit Trust

Nem
I know that noodle is part of call credit and I didn't say that anyone reported to noddle. As a point of interest it was you who stated that Noddle had improved significantly over the last few months

[FlamingParrot]

Re: CCJ Application/BW Legal/British Credit Trust

Could it be Lowell never owned the debt and were simply trying to collect on commission??

Not really, Lowell are debt purchasers rather than debt collectors.

If that is the case they have no right to issue a claim and would be in deep dodo

Indeed, and I think even Lowell would know that! :lol:

Shall I just went to hear back from the court now nem? I can't say I am looking to sitting in a court defending myself against these people. :tinysmile_cry_t:

They often don't bother turning up.

[FlamingParrot]

Re: CCJ Application/BW Legal/British Credit Trust

It shows as Capquest with the account showing as "satisfied". Nothing from Lowell on there related to British Credit Trust.

Ok, thank you. I am using Noddle at the moment. What will I have to do/say in court?

In your CPR31.14 request you have obviously requested the notice of assignment. Assuming that they actually produce one it will be interesting as if it claims to be a NOA from BCT to lowell then you can place serious doubt in the mood of the judge by presenting the credit report showing Crapquest being the owner, If it sows the purchase from crapquest you can then ask for the NOA from BCT to Crapquest. Either way you can place doubt and confusion infant of the judge and a worse case scenario cost Lowells time and money sorting it out.

Lowell would have to show they have the right to take you to court for this debt by showing proof of ownership of the debt. Although the deed of assignment is not usually supplied to the debtor because it's a document relating to a transaction between two parties that do not involve him and contains commercially sensitive information, there have been times when the court has asked for it to be provided.

[lte69]

Re: CCJ Application/BW Legal/British Credit Trust

Ok it of all Check Experian and or Equifax both have 30 day free trials, Noddle is an off shoot off Call Credit and has been found quite often to be out of date, companies do not report to Noddle directly it relies on data handed down from CC.
What have thought about using as a defence? I see you have queried the amount Lowell is claiming can you clarify this point please.

nem

Hi nem,

Nothing from Lowell on the Experian Credit File either.

- - - Updated - - -

Lowell would have to show they have the right to take you to court for this debt by showing proof of ownership of the debt. Although the deed of assignment is not usually supplied to the debtor because it's a document relating to a transaction between two parties that do not involve him and contains commercially sensitive information, there have been times when the court has asked for it to be provided.

I'll just sit tight now then and wait for something to appear in the post.

[FlamingParrot]

Re: CCJ Application/BW Legal/British Credit Trust

I'll just sit tight now then and wait for something to appear in the post.

Don't hold your breath!

[Berniethebolt]

Re: CCJ Application/BW Legal/British Credit Trust

Oh go on, hold ya breath:behindsofa:

[lte69]

Re: CCJ Application/BW Legal/British Credit Trust

Don't hold your breath!

Evening FP. I received an email today with my offer of mediation, via telephone call? Is this the norm??

[FlamingParrot]

Re: CCJ Application/BW Legal/British Credit Trust

Evening FP. I received an email today with my offer of mediation, via telephone call? Is this the norm??

Evening Ite

Yes, it is the norm. Mediation is done over the phone, with them speaking to you, then to the other side, rinse and repeat as required.

I can only assume the email says you need to agree to all four points mentioned for mediation to go ahead, one of them being that you consider you have enough information, the other your being willing to compromise (the purpose of mediation is to arrange a settlement). If you have not received the documents, you won't be able to reply 'Yes' to the point about having enough info so mediation cannot go ahead. I'm not sure what the situation is here, have they supplied you with most of the documents?

[lte69]

Re: CCJ Application/BW Legal/British Credit Trust

Evening Ite

Yes, it is the norm. Mediation is done over the phone, with them speaking to you, then to the other side, rinse and repeat as required.

I can only assume the email says you need to agree to all four points mentioned for mediation to go ahead, one of them being that you consider you have enough information, the other your being willing to compromise (the purpose of mediation is to arrange a settlement). If you have not received the documents, you won't be able to reply 'Yes' to the point about having enough info so mediation cannot go ahead. I'm not sure what the situation is here, have they supplied you with most of the documents?

Thanks FP.

I haven't received the CCA nor all the documents requested in my IE:1. Agreement / Contract
2. Default Notice
3. The notice of assignment

Out of the three documents listed all I received was a default notice of sorts. I did post up on here what I had received from them.

So, I can't agree to mediation, what will be the next steps for me after I have filled in the YES/NO questions in the mediation email?

many thanks

[lte69]

Re: CCJ Application/BW Legal/British Credit Trust

These are the 4 statements listed in the email for mediation.



I can confirm that I am willing to compromise on this matter



I can confirm that there has been no police involvement in this matter at any time


I can confirm that I have enough information about the claim to allow me to enter into negotiations and that I do not require any further evidence from the other party before the appointment


I can confirm that I can mediate on the date stated above.
(Mediation appointments are limited and can only be re-arranged under exceptional circumstances).