Received CCJ from Lowell HELP !

[Marra2]

Re: Received CCJ from Lowell HELP !

Hi [MENTION=55034]nemesis45[/MENTION] I think its attached now and thanks

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Sorry didn't see that from [MENTION=49370]Kati[/MENTION] but thanks

[nemesis45]

Re: Received CCJ from Lowell HELP !

Hi @nemesis45 I think its attached now and thanks

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Sorry didn't see that from @Kati but thanks

Marra on the internal data sheet in the attachments there is an entry " Last Payment" data? and mention of the first DCA involvement.

Can you recall when the last ever payment was made?

nem
[MENTION=6]Amethyst[/MENTION] if you have time can you take a look at the attachments please.

[Marra2]

Re: Received CCJ from Lowell HELP !

Sorry I can't it's so long ago now.

[nemesis45]

Re: Received CCJ from Lowell HELP !

Sorry I can't it's so long ago now.

My feeling is this alleged debt may well be statute barred, Is it on your credit files?

The final bill is late 2009 I think .

nem

[Marra2]

Re: Received CCJ from Lowell HELP !

I'll have a look tomorrow and thanks

[Diana M]

Re: Received CCJ from Lowell HELP !

I have just received an emailed witness statement from the solicitors . . .

I think I,m screwed and probably won,t waste my time attending court.

Please don't think like that. Wait until someone has run forensics over the WS and evidence before you throw in the towel.

I've peeked back through your thread and I can see that in your first post you said that the debt was about 6 years old.

As far as I can see you didn't plead SB in your Defence. I'm not seeing any debate on that issue (SB) on your thread so did you conclude it probably wasn't SB?

Did you raise the possibility of SB in your WS?

The Claimant's WS says the contract began on 9th April 2007 for 24 months which would have meant it was due to expire on 9th April 2009. Do you agree with that?

Paragraph 9 (ii) says you had the option to renew the contract after the expiry date. Did you renew it or give notice to cancel at any stage?

It says your last payment was on 23rd November 2008 (before the original contract expired) so do you agree with that?

I can see you were advised to send a complaint letter to the CEO of Lowells in post # 27. Did you send that letter and what response did you receive (if any).

Lowell really stupid their particulars pf claim clearly state a " regulated " agreement.

I suggest a formal complaint to Andrew Bartle Lowell's COO copy to the solicitors, there's been to many instances like this for is to be a "clerical error".

There are two weeks left before the hearing so wait and see what you're advised to do next.

Di

[Marra2]

Re: Received CCJ from Lowell HELP !

Ok so this isn't on my credit file probably cos its older than 6 years or its the wrong name ?
Di ,I would agree with what you say on the payments and I didn't renew the contract.
I do think this is SB but how to prove this ?
I didn't complain to LOwells . [MENTION=55034]nemesis45[/MENTION]

[Marra2]

Re: Received CCJ from Lowell HELP !

Ok I see this account defaulted on 10/07/2009 which would make it SB now as I haven't made any payments since and it's in the lawyers witness statement ! Amazing.

[Amethyst]

Re: Received CCJ from Lowell HELP !

[MENTION=87380]Diana M[/MENTION];; the June invoice adds a early termination fee .. but two months after the 24 months. I don't know if that is relevant.

Also on statute barred - amended defence needed ? So letter to claimant asking their consent to amend ? Hoping to encourage a discontinuance to avoid costs ? As they seem to have done themselves out of any BMW v hart arguments as well.

[nemesis45]

Re: Received CCJ from Lowell HELP !

Ok I see this account defaulted on 10/07/2009 which would make it SB now as I haven't made any payments since and it's in the lawyers witness statement ! Amazing.

I have had another look through the attachments my opinion now is that this is statute barred.
It's your choice of course as to what you want to do, I know this is causing stress and anxiety for my feeling would be to get this finished with now.

No payments or acknowledgments made since 10/07/2009 if this is correct then the alleged debt is statute barred in my opinion it would be best to inform the solicitors of the fact and "invite" them to advise their client to withdraw/discontinue the claim.

nem

[Marra2]

Re: Received CCJ from Lowell HELP !

Thanks I'll do that asap

[Marra2]

Re: Received CCJ from Lowell HELP !

Emailed her and attached screen shot of the appropriate document. Hope it does the trick.

[nemesis45]

Re: Received CCJ from Lowell HELP !

Emailed her and attached screen shot of the appropriate document. Hope it does the trick.

Good Luck Marra!!

nem:judgey:

[Amethyst]

Re: Received CCJ from Lowell HELP !

Sometimes a bit of a discussion is needed to suss out the best way forward in a claim, particularly at this stage. What have you emailed Lowell with ?

[Marra2]

Re: Received CCJ from Lowell HELP !

I sent this to their solicitors,,
Good morning
Thank you for your copy of your witness statement.
May I draw your attention to the fact that no payments or acknowledgments made since 10/07/2009 make this Statue Barred !
I therefore invite you to advise your client to withdraw from this matter so as not to encounter further costs.
Please find attached a screen shot of the part of your witness statement that concerns this.
Regards