Lowell portfolio I LTD vs needtoknowwhattodonext

[nemesis45]

Re: Lowell portfolio I LTD vs needtoknowwhattodonext

So what would me defence be that I can't defend debt as they haven't provided me with any information?

Then your defence centres around the fact that the claimant has failed to respond to /comply with the CCA Request and is therefore unable to enforce the debt.
Do you wish to claim that the alleged debt is statute barred?

There's lots of threads on this type of situation so have a look through if there a problem mention [MENTION=55034]nemesis45[/MENTION] or [MENTION=49370]Kati[/MENTION] in a post and it will be picked up.

nem

[needtoknowwhattodonext]

Re: Lowell portfolio I LTD vs needtoknowwhattodonext

My last order from the catalogue was 17/9/15 so I had been hoping it was statute barred but was told on another forum it would have defaulted a few months later so I would have been looking at 17/11/15 as statute barred is that correct? ( last payment 4/9/15) how would I know if their credit agreement had updated as I had account from 2006 so might it be unenforceable? Sorry for so many questions s and thanks for all of your help so far 😀

[Berniethebolt]

Re: Lowell portfolio I LTD vs needtoknowwhattodonext

If you ordered on 17th Sept and they fulfilled that order i am afraid your hope of SB is out of the window

http://www.legalbeagles.info/forums/...t-Court-Claims

The link above give some ideas of the format of a defence particularly if they have not supplied documents. Just make sure you read the thread and comments and adjust so it is relevant to you

[needtoknowwhattodonext]

Re: Lowell portfolio I LTD vs needtoknowwhattodonext

Sorry Bernie typo there it was 17/09/09 I ordered. Thanks so much for the link I think it will really help with my statement 😀

[FlamingParrot]

Re: Lowell portfolio I LTD vs needtoknowwhattodonext

My last order from the catalogue was 17/9/15 so I had been hoping it was statute barred but was told on another forum it would have defaulted a few months later so I would have been looking at 17/11/15 as statute barred is that correct? ( last payment 4/9/15)

Assuming you mean 2009 where you have put 15, the clock stopped when they issued the claim. Looks like they got it in just before on the 16th of September. If you made a payment on the 4th of September 2009, they still fulfilled your order a couple of weeks later because they'd have expected you to pay again in October, at that point they'd have no way of knowing you wouldn't pay any more and thus no cause of action. :mmph:

how would I know if their credit agreement had updated as I had account from 2006 so might it be unenforceable? Sorry for so many questions s and thanks for all of your help so far 

That's the purpose of the CCA request. It is possible that there may not have been an agreement to start with as was often the case with catalogue accounts back then. ray:

[FlamingParrot]

Re: Lowell portfolio I LTD vs needtoknowwhattodonext

I've sent the second letter to Carters this afternoon recorded delivery. I know I'm waiting for Lowells to reply to the CCA sent 28/9/15 so they have 12+2 working days to respond (taking that as 14 working days is that correct?) which would take me to 15/10/15? But I have to file the defence by 18/10/15.

Lowell are debt purchasers and wouldn't have the documents, they'd have to go back to the catalogue company to ask for the agreement. Their chances of fulfilling your request in the 12+2 working days timescale are virtually nil. :flypig: :flypig: :flypig: That means you'll have to say in your defence that they are in default of your s.78 request. :thumb: Lack of compliance with a CCA request is a bar to enforcement. :grin:

Can the defence be submitted online or do I have to allow myself extra time within the time frame to post defence to the court?
Thanks

Yes, you should be able to file your defence on the MCOL website where you acknowledged service. :typing:

[needtoknowwhattodonext]

Re: Lowell portfolio I LTD vs needtoknowwhattodonext

Thanks so much for the replies everyone! So I'm taking from the advice i will allow the 12+2 days to pass for Lowell to not provide agreement on 15/10/15 then quickly file my defence as I have until the 18th to file it. Is that right?

[FlamingParrot]

Re: Lowell portfolio I LTD vs needtoknowwhattodonext

Thanks so much for the replies everyone! So I'm taking from the advice i will allow the 12+2 days to pass for Lowell to not provide agreement on 15/10/15 then quickly file my defence as I have until the 18th to file it. Is that right?

Yes, that's the idea. :thumb: You may want to post up a draft before filing it. :typing:

[needtoknowwhattodonext]

Re: Lowell portfolio I LTD vs needtoknowwhattodonext

Thanks for the advice will draft my defence today and post. I've received another letter from the solicitor stating same as before! That it will most properly be allocated to small claims court and part 31 will not apply. Also that they are not agreeable to an extension for filing the defence. Where do I go next with this please?

[FlamingParrot]

Re: Lowell portfolio I LTD vs needtoknowwhattodonext

Thanks for the advice will draft my defence today and post. I've received another letter from the solicitor stating same as before! That it will most properly be allocated to small claims court and part 31 will not apply. Also that they are not agreeable to an extension for filing the defence. Where do I go next with this please?

That would be just their standard template response. If you have already sent them the second letter then there's no point in sending a third one. That's what Mr Carter ALWAYS says, so you will just mention their non-compliance in your defence. You will find examples of a generic defence here: http://www.legalbeagles.info/forums/...t-Court-Claims

Post up your draft on this thread before you send it. :typing:

[needtoknowwhattodonext]

Re: Lowell portfolio I LTD vs needtoknowwhattodonext

Thanks FlamingParrot! Finally got the 5 mins to myself away from the 4 noisy children to sort all this out and tried to log on to MCOLn but unsuccessful. I seem to have a screenshot of a MC number but dont seem to have wrote down my login details. Do you know what the email address would be from them if I can try to locate login details? I have an idea of the password just can't work out what the username was

[FlamingParrot]

Re: Lowell portfolio I LTD vs needtoknowwhattodonext

Thanks FlamingParrot! Finally got the 5 mins to myself away from the 4 noisy children to sort all this out and tried to log on to MCOLn but unsuccessful. I seem to have a screenshot of a MC number but dont seem to have wrote down my login details. Do you know what the email address would be from them if I can try to locate login details? I have an idea of the password just can't work out what the username was

You can also file your defence by email, I posted about it earlier today, re-quoting below for convenience: :thumb:

Obviously you need to enter your own claim number and your name rather than PATMAN1234.

If you get no joy with MCOL (and they are hopeless ), you can also file it by email to ccbcdefendants@hmcts.gsi.gov.uk

In the subject field you put CLAIM No. xxxxxxxxx - LOWELL -V- PATMAN1234 - DEFENCE

Copy and paste all the text as the body of the email. Head it as follows:

In the Northampton County Court CLAIM NO: XXXXXXX


LOWELL Claimant

-V-

PATMAN1234 Defendant

_________________________
DEFENCE
_________________________

[needtoknowwhattodonext]

Re: Lowell portfolio I LTD vs needtoknowwhattodonext

Hi guys thanks so much for all of your previous help! I filed my defence and they had until 21st to respond which they did not. Checked with the court who said it would be stayed. Whats likely to happen now please is there anything I should be doing?