Advice on defending a CCJ. 02 / Lowell/ Lowell Solicitors - 06 Jan 2016

[Kinth]

I have sent a letter to Lowell Solicitors informing them that the debt is statute barred (last payment/acknowledgement was November 2009), which they received on the 13th of January. They have yet to respond and the Court Claim is still continuing. I have till February 8th to submit my defence but I do not know how to go about defending this.

[charitynjw]

Re: Advice on defending a CCJ. 02 / Lowell/ Lowell Solicitors - 06 Jan 2016

Hi Kinth,

Have you sent the CCA s78 letter & CPR 31 letter as advised? (green bar, top of thread)

[Kinth]

Re: Advice on defending a CCJ. 02 / Lowell/ Lowell Solicitors - 06 Jan 2016

Hi, I have not. It was thought my original letter to them would get them to back down, so the CCA and CPR letters were not needed. I could get these sent out tomorrow but I fear time is not on my side.

[charitynjw]

Re: Advice on defending a CCJ. 02 / Lowell/ Lowell Solicitors - 06 Jan 2016

Send them anyway (With proof of post - I'd suggest 'next day guaranteed delivery')

Could you post up the Particulars of Claim?

[Kinth]

Re: Advice on defending a CCJ. 02 / Lowell/ Lowell Solicitors - 06 Jan 2016

"
1) The Defendant entered into an agreement with 02(UK) Ltd under account reference 10101xxxxxx('the Agreement')


2) The Defendant failed to maintain the required payments and a default notice was served and not compiled with.


3) The agreement was later assigned to the Claimant on 23/12/2011 and notice give to the Defendant.


4)Despite repeated requests for payment the sum of £772.71 remains due and outstanding.


And the Claimant claims
a) The said sum of £772.71
b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.169, but limited to one year, being £61.82
c) Costs
"
Original creditor: 02

Claimant: Lowell Portfolio LTD

Solicitors: Lowell Solicitors LTD

Debt type: Mobile contract




Details:
I had a mobile contract with 02 in 2009 for about 1-2 months and then lost my job. I was unable to make the payments and the account defaulted in 2010. It's been passed around a few different companies but since none of them ever went further than threats I assumed (irresponsible I know) it would never go further than that. Last payment was November 2009 to 02.

[charitynjw]

Re: Advice on defending a CCJ. 02 / Lowell/ Lowell Solicitors - 06 Jan 2016

Send them anyway (With proof of post - I'd suggest 'next day guaranteed delivery')

Could you post up the Particulars of Claim?

Ah, hold fire on this, then.
It's not a CCA problem.

I'll be back........

Ps, no harm done if you've already sent them, though.

[charitynjw]

Re: Advice on defending a CCJ. 02 / Lowell/ Lowell Solicitors - 06 Jan 2016

........back!

If you're sure it's stat barred, that's an absolute defense.
(The alleged debt doesn't disappear, but you can't be judged in court, so no CCJ, no bailiffs etc.)

I would send an urgent CPR letter to solicitors, asking for
A legible copy of the alleged agreement
T & C's at inception of same, along with any subsequent variations,
Notice of assignment
Default Notice
Proof of all payments to the account made by you.
Any written acknowledgement of the debt by you within the last 6 years.

Quote 'as per CPR 31.15(c)'

& offer them a 28 day extension to the current court deadline (to show what a reasonable person you are, lol!)
(Don't forget proof of postage)

You could also email them at enquiries@lowellgroup.co.uk

But vitally important - keep an eye firmly fixed on the court's timetable.
If you don't hear from them in the next day or so, you'll have to send a 'haven't received any documents from claimant' defense.
I'll dig you out an example............

[charitynjw]

Re: Advice on defending a CCJ. 02 / Lowell/ Lowell Solicitors - 06 Jan 2016

1. EXAMPLE DEFENCE

Lowell Portfolio Ltd -v- Kinth
Court Claim Ref xxxxxxxxxx



1: I received the claim xxxxxxxx from the Northampton County Court on xx/xx/xxxx

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3: This claim appears to be for an agreement with 02(UK) Ltd under account reference xxxxxxxxxx('the Agreement')

4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

5. The particulars of claim fail to state when the agreement was entered into.

6. The Claimants statement of case states that the account was assigned from O2(UK) Ltd to Lowell Portfolio LTD. The Defendant does not recall receiving notice of this assignment

7: On the xx/xx/xxxx I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.15(c) to Lowell Solicitors LTD. I requested the Claimant provide copies of the Agreement, Terms & Conditions, Notice of Assignment, Default Notice, Proof of payments, & any acknowledgement of the alleged debt in the last 6 years

8. Lowell Solicitors LTD has not sent any of these documents to me.

9. I believe the alleged debt to be statute barred by virtue of the Limitation Act 1980 s5, & I put the Claimant to strict proof to show otherwise.

10: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defense pending receipt of documents (as allowed under CPR 15.5), The Parties agreed to an extension to the time period allowed for filing of my defense under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however as yet they have failed to do so.

11. Under Civil Procedure Rule 16.5 (4) where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

14. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defense, and would ask that the Claimants bear the costs of the amendment.

16. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defense are true.



Signed …xxxxxxxxxxxxxxxxxx……………………………………

Dated........xx/xx/xxxx.......................................... ....


@nemesis45 @Amethyst

Could you cast your beadies over this for me, pretty please?

[Kinth]

Re: Advice on defending a CCJ. 02 / Lowell/ Lowell Solicitors - 06 Jan 2016

Wow thank you, should I send this to Lowell Solicitors or Lowell Portfolio (the actual claimant)? Ahh nvm you stated solicitors.

[nemesis45]

Re: Advice on defending a CCJ. 02 / Lowell/ Lowell Solicitors - 06 Jan 2016

Wow thank you, should I send this to Lowell Solicitors or Lowell Portfolio (the actual claimant)? Ahh nvm you stated solicitors.

To the court only which will then serve it upon the claimants solicitors, they then have 28 days to respond, if they do not respond to the defence the court will
stay (suspend) the claim NB you will not be told if this happens, so keep any eye on the date as you will need to check with the court after the time for response
has expired to find out the status of the claim.

nem

[charitynjw]

Re: Advice on defending a CCJ. 02 / Lowell/ Lowell Solicitors - 06 Jan 2016

Wow thank you, should I send this to Lowell Solicitors or Lowell Portfolio (the actual claimant)? Ahh nvm you stated solicitors.

No probs - I'm just standing on the shoulders of giants!