Planning a set aside, need help. (BC/Lowell's)

[Micoolcaine]

Hi guys,

Need some advice with the scumbags Lowell's/BC. I received a a lovely surprise checking my credit report to find a CCJ from the above, I had no notification whatsoever as it was sent to an older address, one that wasn't even registered with the original debt (shopdirect) and I never notified them of change. I requested my details from shop direct which gave me times/dates/amounts and when debt was sold.

Anywho, I want to fill out a N244 but I want to build my case to include unlawful charges that Lowell's have added and the fact I received no paper work. It's just putting into words.

The debt was sold to lowell's (2010) and the CCJ issued (2015) The original debt at time of being sold to the debt agency was £559.57 (Please see bottom of page for info from court)* The current amount of my records is for £756. The courts told me that Lowell's had added £60 + £70 for fees, I'm guessing court fees. Obviously even before this they've bumped the price up with their own non-court fees.

I guess now what I want to do is possible get it set-aside on the grounds that
1. CCJ sent to an address other than the one that was registered with original debt, even though they were not notified of this change. CCJ was not sent to current address, even though Lowell's have continued to send other DCA letters to current address.
2. Adding their own fees to original amount.
3. No paperwork received about any of this.
4. I don't think they have any proof I owe the money.

A good chance?

Thanks guys.











*THIS CLAIM IS FOR 559.57, THE AMOUNT DUE UNDER AN AGREEMENT BETWEEN THE ORIGINAL CREDITOR AND THE DEFENDANT TO PROVIDE FINANCE AND / OR SERVICES AND / OR GOODS.
THIS DEBT WAS ASSIGNED TO / PURCHASED BY LOWELL PORTFOLIO I LTD, ON 20/12/2010 AND NOTICE SERVED
PURSUANT TO THE LAW OF PROPERTY ACT 1925
AND THE CLAIMANT CLAIMS 559.57
THE CLAIMANT ALSO CLAIMS STATUTORY INTEREST
PURSUANT TO S.69 OF THE COUNTY ACT 1984 AT A
RATE OF 8% PER ANNUM
FROM THE DATE OF ASSIGNMENT OF THE
AGREEMENT TO DATE BUT LIMITED
TO A MAXIMUM OF ONE YEAR AND A MAXIMUM OF 1000 AMOUNTING TO 44.75

[Micoolcaine]

Re: Planning a set aside, need help. (BC/Lowell's)

Hey, anyone?:doggieyes:

[Kati]

Re: Planning a set aside, need help. (BC/Lowell's)

:bump: for [MENTION=6]Amethyst[/MENTION] [MENTION=55034]nemesis45[/MENTION] xx

[nemesis45]

Re: Planning a set aside, need help. (BC/Lowell's)

Hi guys,

Need some advice with the scumbags Lowell's/BC. I received a a lovely surprise checking my credit report to find a CCJ from the above, I had no notification whatsoever as it was sent to an older address, one that wasn't even registered with the original debt (shopdirect) and I never notified them of change. I requested my details from shop direct which gave me times/dates/amounts and when debt was sold.

Anywho, I want to fill out a N244 but I want to build my case to include unlawful charges that Lowell's have added and the fact I received no paper work. It's just putting into words.

The debt was sold to lowell's (2010) and the CCJ issued (2015) The original debt at time of being sold to the debt agency was £559.57 (Please see bottom of page for info from court)* The current amount of my records is for £756. The courts told me that Lowell's had added £60 + £70 for fees, I'm guessing court fees. Obviously even before this they've bumped the price up with their own non-court fees.

I guess now what I want to do is possible get it set-aside on the grounds that
1. CCJ sent to an address other than the one that was registered with original debt, even though they were not notified of this change. CCJ was not sent to current address, even though Lowell's have continued to send other DCA letters to current address.
2. Adding their own fees to original amount.
3. No paperwork received about any of this.
4. I don't think they have any proof I owe the money.

A good chance?

Thanks guys.











*THIS CLAIM IS FOR 559.57, THE AMOUNT DUE UNDER AN AGREEMENT BETWEEN THE ORIGINAL CREDITOR AND THE DEFENDANT TO PROVIDE FINANCE AND / OR SERVICES AND / OR GOODS.
THIS DEBT WAS ASSIGNED TO / PURCHASED BY LOWELL PORTFOLIO I LTD, ON 20/12/2010 AND NOTICE SERVED
PURSUANT TO THE LAW OF PROPERTY ACT 1925
AND THE CLAIMANT CLAIMS 559.57
THE CLAIMANT ALSO CLAIMS STATUTORY INTEREST
PURSUANT TO S.69 OF THE COUNTY ACT 1984 AT A
RATE OF 8% PER ANNUM
FROM THE DATE OF ASSIGNMENT OF THE
AGREEMENT TO DATE BUT LIMITED
TO A MAXIMUM OF ONE YEAR AND A MAXIMUM OF 1000 AMOUNTING TO 44.75

Good afternoon.

The Court Fees are what a defendant has to pay if a judgement by default (as is this one) or a claim is lost at trial.

These are correctly applied on this claim. The interest is a statutory award.

The grounds for set aside, not receiving the claim pack is fine.

You will need to show that you have a defence that has a " reasonable " chance of success against the original claim.
.
For example the debt was " statute Barred when the claim was issued.

Proving that Lowell has/ had no agreement will be more difficult as the judgement supersedes the original agreement and Lowell has no obligation to supply one now.

You could try sending a CCA request ( see short cuts in the green box above) to the original creditor to see if there is an agreement.

nem

[Micoolcaine]

Re: Planning a set aside, need help. (BC/Lowell's)

Good afternoon.

The Court Fees are what a defendant has to pay if a judgement by default (as is this one) or a claim is lost at trial.

These are correctly applied on this claim. The interest is a statutory award.

The grounds for set aside, not receiving the claim pack is fine.

You will need to show that you have a defence that has a " reasonable " chance of success against the original claim.
.
For example the debt was " statute Barred when the claim was issued.

Proving that Lowell has/ had no agreement will be more difficult as the judgement supersedes the original agreement and Lowell has no obligation to supply one now.

You could try sending a CCA request ( see short cuts in the green box above) to the original creditor to see if there is an agreement.

nem

Thank you.

I'm guessing the courts wouldn't just take my not receiving as a good enough reason and it wasn't SB at the time of issue.

If there is no agreement from the original creditor (shopdirect) does this negate Lowell's CCJ attempt?

[nemesis45]

Re: Planning a set aside, need help. (BC/Lowell's)

Thank you.

I'm guessing the courts wouldn't just take my not receiving as a good enough reason and it wasn't SB at the time of issue.

If there is no agreement from the original creditor (shopdirect) does this negate Lowell's CCJ attempt?

Without the agreement or a compliant reconstituted agreement the debt cannot be enforced in court.
So if no agreement existed on the date the claim was issued then the debt was unenforceable at that point.
You did not have a chance to defend the claim so I believe you have grounds for set aside.

That's my opinion others no doubt may disagree.

nem


- - - Updated - - -

Thank you.

I'm guessing the courts wouldn't just take my not receiving as a good enough reason and it wasn't SB at the time of issue.

If there is no agreement from the original creditor (shopdirect) does this negate Lowell's CCJ attempt?

Without the agreement or a compliant reconstituted agreement the debt cannot be enforced in court.

nem

[Noah]

Re: Planning a set aside, need help. (BC/Lowell's)

When and how was the account opened , can you remember? Those details might add to make your argument for set aside more persuasive as it might make the likelihood of documents being produced less

[Micoolcaine]

Re: Planning a set aside, need help. (BC/Lowell's)

Without the agreement or a compliant reconstituted agreement the debt cannot be enforced in court.
So if no agreement existed on the date the claim was issued then the debt was unenforceable at that point.
You did not have a chance to defend the claim so I believe you have grounds for set aside.

That's my opinion others no doubt may disagree.

nem


- - - Updated - - -



Without the agreement or a compliant reconstituted agreement the debt cannot be enforced in court.

nem

Thanks, I'll send the CCA to Shopdirect.

[Micoolcaine]

Re: Planning a set aside, need help. (BC/Lowell's)

I believe the account was opened mid 2009 and to register I just entered personal details and paid, I didn't receive any forms through to sign from memory.

Thanks again.

[Noah]

Re: Planning a set aside, need help. (BC/Lowell's)

Obvioulsy I can not know for certain but I imagine that as you applied online you will have digitally signed an online agreement.

I am a bit confused about the argument that no agreement existed on the date of judgement as I would think a digital version did.

Before you you spend your money on a set aside what does [MENTION=2]Celestine[/MENTION] think?

[Micoolcaine]

Re: Planning a set aside, need help. (BC/Lowell's)

Obvioulsy I can not know for certain but I imagine that as you applied online you will have digitally signed an online agreement.

I am a bit confused about the argument that no agreement existed on the date of judgement as I would think a digital version did.

Before you you spend your money on a set aside what does @Celestine think?

I believe that they did do those auto/online agreements after a certain date to which I would fall under. Again it's a while back so I can't remember exactly but can still send the CCA request.

[Noah]

Re: Planning a set aside, need help. (BC/Lowell's)

The date for online signatures being valid is 2005 but yes a cca request is still worthwhile