Court Claim - Lowell Portfolio I LTD / Shopacheck - 18-01-2016

[dbc1702]

Re: Court Claim - Lowell Portfolio I LTD / Shopacheck - 18-01-2016

Ok, so I thought I would do some checking on Shopacheck and Lowell prior to my defence going in, so I purchased an up to date version of my credit file from Equifax and this is what I found.

There are 2 defaults on my credit file, one from Shopacheck and one from Lowell Portfolio I LTD

The 2 defaults on my file are quite clearly regarding the same alleged debt, however, the default dates between the 2 are different by 8 days, the DCA have it 8 days later, and the start dates between the 2 are different by 1 day, the DCA has it 1 day later, however the account no's and default balances and start dates are exactly the same.

Questions after doing some investigations online:

1) Am I correct in saying that the DCA who bought the debt have no LEGAL RIGHT to place a second default on my file? And should take over the first default entry and update that one.

2) Should this be borne in mind for the court claim for ammunition/upper hand/etc.

3) Where should I go from here, should I leave it be for now, or pull them up on it before my defence goes in? Should I contact the Credit Reference agencies? Counter claim for its removal? ICO complaint??

I certainly do not want duplicate defaults on my file when this is quite clearly not allowed. What do they think they are playing at?, doing research on the old tinterweb shows that most DCA's are doing it and quite frankly getting away with it.

Thanks in advance

[dbc1702]

Re: Court Claim - Lowell Portfolio I LTD / Shopacheck - 18-01-2016

Yes, the letter is the right one.

The CCA timescale of 12 + 2 working days starts the day the claimant received the request.

nem

Thanks again nem,

So the 12 + 2 being 11/02/2016, they have until this date to reply or to send the documents in full.

They received, according to Royal Mail Track & Trace the request on 22/01/2016

[nemesis45]

Re: Court Claim - Lowell Portfolio I LTD / Shopacheck - 18-01-2016

Hi charitynjw, there was absolutely no mention of any extension, 28 day or 40..

Quick Update - General

I have received nothing else from anyone, as of 06/02/2015.

Nothing further to the letter from Lowell solicitors, and nothing from Lowell Portfolio, not even an acknowledgement of request.

I have a print out from Royal Mail, for both letters, CCA and CPR, both with signatures that they have been received.

Am I right in thinking that I have until the 15/02/2016 to file my defence? Claim received 18/01/2016.. I issued AOS on 20/01/2016.. Court received AOS on 21/01/2016.

Also, when it comes to the defence, am I correct in taking guidance from this post : http://legalbeagles.info/forums/show...t-Court-Claims

Yes, the letter is the right one.

The CCA timescale of 12 + 2 working days starts the day the claimant received the request.

nem

[dbc1702]

Re: Court Claim - Lowell Portfolio I LTD / Shopacheck - 18-01-2016

Hi charitynjw, there was absolutely no mention of any extension, 28 day or 40..

Quick Update - General

I have received nothing else from anyone, as of 06/02/2015.

Nothing further to the letter from Lowell solicitors, and nothing from Lowell Portfolio, not even an acknowledgement of request.

I have a print out from Royal Mail, for both letters, CCA and CPR, both with signatures that they have been received.

Am I right in thinking that I have until the 15/02/2016 to file my defence? Claim received 18/01/2016.. I issued AOS on 20/01/2016.. Court received AOS on 21/01/2016.

Also, when it comes to the defence, am I correct in taking guidance from this post : http://legalbeagles.info/forums/show...t-Court-Claims

[charitynjw]

Re: Court Claim - Lowell Portfolio I LTD / Shopacheck - 18-01-2016

Mini Update:

Received a reply from Lowell Solicitors 30/01/16, With regards to my CPR 31.14 request.

They thank me for my letter and note the contents. They state that they have requested the required documents from their clients and will forward these to me upon receipt.

:flypig:

They also made sure in the letter that I was aware that there is a limited amount of time for me to respond to the legal proceedings and that failure to do so within the court timescales, could result in a CCJ being entered against me.
Good of them Paramount importance to stick rigidly to the court timetable.

No response yet from Lowell Portfolio regarding the CCA request.
Without a reply to this, they can do squat; no CCA letter response, no further action can they take until they comply.
You will need to prepare a defense based on the Claimant not ending you any paperwork, therefore you are unable to properly respond.
.

NO mention of a 28 or 40 day extention?

@nemesis45

@nemesis45

(Just testing - i was issued with a broken 'nudger' thingy. After several complaints, & a threat to escalate this to the very top of LB, a new one was forthcoming. It appears to be adequate. We will see!)

:grin:

[dbc1702]

Re: Court Claim - Lowell Portfolio I LTD / Shopacheck - 18-01-2016

Mini Update:

Received a reply from Lowell Solicitors 30/01/16, With regards to my CPR 31.14 request.

They thank me for my letter and note the contents. They state that they have requested the required documents from their clients and will forward these to me upon receipt.

They also made sure in the letter that I was aware that there is a limited amount of time for me to respond to the legal proceedings and that failure to do so within the court timescales, could result in a CCJ being entered against me.

No response yet from Lowell Portfolio regarding the CCA request..

[nemesis45]

Re: Court Claim - Lowell Portfolio I LTD / Shopacheck - 18-01-2016

Quick Update:

Lowell Portfolio 1 LTD received CCA Request on 22nd. Lowell Solicitors received CPR request today, both signed for and proof signature's printed off and filed in date order in my bundle.

Am I to expect the usual dross from Lowell Solicitors regarding CPR not being valid regarding small claims track....... and if so shall I right back saying it does (even though my initial cpr stated this) CPR template from library used.

Ok,

Please keep us up to speed on this.

nem

[dbc1702]

Re: Court Claim - Lowell Portfolio I LTD / Shopacheck - 18-01-2016

Quick Update:

Lowell Portfolio 1 LTD received CCA Request on 22nd. Lowell Solicitors received CPR request today, both signed for and proof signature's printed off and filed in date order in my bundle.

Am I to expect the usual dross from Lowell Solicitors regarding CPR not being valid regarding small claims track....... and if so shall I right back saying it does (even though my initial cpr stated this) CPR template from library used.

[nemesis45]

Re: Court Claim - Lowell Portfolio I LTD / Shopacheck - 18-01-2016

Hi nemesis, than you so much for looking in, i'm so sorry I could not reply earlier as I was rushing, however, I did read your post earlier and act on it. I sent a cpr 31.14 as per the template in the library asking for the items, I sent it first class signed for to Lowell Solicitors Ltd.

Thanks so muc for keeping an eye on me and offering support/help.

I will reply back with their reply if I get one..

Happy to help dbc!

[dbc1702]

Re: Court Claim - Lowell Portfolio I LTD / Shopacheck - 18-01-2016

Good morning Welcome to LB,

This could be one of your early loans it seems.
Also send a request under the provisions of
Civil Procedure Rule 31 .14 (no fee) for the documents mentioned
in the statement of claim i.e. The Agreement, The Default Notice, The Notice of Assignment.
This Goes to Lowell Solicitors.

Use the template from the forum library.
send by signed for post.

Hi nemesis, than you so much for looking in, i'm so sorry I could not reply earlier as I was rushing, however, I did read your post earlier and act on it. I sent a cpr 31.14 as per the template in the library asking for the items, I sent it first class signed for to Lowell Solicitors Ltd.

Thanks so muc for keeping an eye on me and offering support/help.

I will reply back with their reply if I get one..

[nemesis45]

Re: Court Claim - Lowell Portfolio I LTD / Shopacheck - 18-01-2016

Good morning Welcome to LB,

This could be one of your early loans it seems.
Also send a request under the provisions of
Civil Procedure Rule 31 .14 (no fee) for the documents mentioned
in the statement of claim i.e. The Agreement, The Default Notice, The Notice of Assignment.
This Goes to Lowell Solicitors.

Use the template from the forum library.
send by signed for post.