Lowell solicitors have applied for a ccj, please help!

[Darter245]

Re: Lowell solicitors have applied for a ccj, please help!

Hi nem,

First of all thanks for clearing things up. The only thing that I have received is a very poor looking copied version of the Notice of Assignment, which appears as tho it's been put together by a kid. This coming from Lowell Solicitors and is also something I am certain that I have never seen before. I have had nothing whatsoever from Lowell Portfolio.

The 12 + 2 days for receiving a copy of the agreement is up at the end of this week so hopefully things remain to look good and let's hope Lowell's incompetency stays the same.

I will work on my defence and hope to have it on the Forum at some point this week to be checked and hopefully being passed off as OK.

Many, many thanks as usual.

Micky

[nemesis45]

Re: Lowell solicitors have applied for a ccj, please help!

Hi nem,

First of all thanks for clearing things up. The only thing that I have received is a very poor looking copied version of the Notice of Assignment, which appears as tho it's been put together by a kid. This coming from Lowell Solicitors and is also something I am certain that I have never seen before. I have had nothing whatsoever from Lowell Portfolio.







The 12 + 2 days for receiving a copy of the agreement is up at the end of this week so hopefully things remain to look good and let's hope Lowell's incompetency stays the same.

I will work on my defence and hope to have it on the Forum at some point this week to be checked and hopefully being passed off as OK.

Many, many thanks as usual.

Micky

Happy to help Micky.

Lowell Solicitors is turning out to be a bit of a joke!

nem

[Darter245]

Re: Lowell solicitors have applied for a ccj, please help!

Hello again nem and everyone else,

This is what I intend to send off as my defence, if you would be kind enough to have a scan thru and make sure it makes sense and is correct, I would be very appreciative, thanks.


1: I received the claim ******** from Northampton County Court on 13 September 2016.

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 a Credit Card agreement regulated under the Consumer Credit Act 1974.

4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards to 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 Vanquis to Lowell Portfolio on 04/09/2014. The defendant does not recall receiving notice of this assignment.

7: It is denied that Vanquis served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

8: On the 20/09/2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Lowell Solicitors Ltd. I requested the Claimant provide copies of Agreement, Default Notice and Notice of Assignment.

9: Lowell Solicitors Ltd has not sent any of these documents to me.

10: On the 20/09/2016 I sent a formal request for a copy of the original agreement to Lowell Portfolio pursuant to section 77 or 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11: The Claimant has failed to comply s77(1) / s78(1) Consumer Credict Act 1974 and by virtue of s77(4) / s78(6) Consumer Credit Act 1974 cannot enforce the agreement.

12: I have asked the Claimant if we may agree to extend the time period allowed for filling of defence pending receipt of documents (as allowed under CPR 15.5), but they have ignored my request.

13: 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 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 defence, 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 Defence are true.

Signed............................................ .......
Dated............................................. .......

Thanks
Micky

[Darter245]

Re: Lowell solicitors have applied for a ccj, please help!

In relation to above post,

9: Lowell Portfolio have not sent any of these documents.

As mentioned in previous posts Lowell Solicitors responded to my CPR request fairly promptly. They attached a copy of a Notice of Assignment they claimed was sent to myself on Sept 15 2014. The copy they have sent is a photocopied version and it appears as though a child has created it.

So do I need amend point number 9 and mention this copy of Notice of Assignment or just leave things the way they are as it is a really shoddy copy?

Many thanks
Micky

[nemesis45]

Re: Lowell solicitors have applied for a ccj, please help!

What date is the defence due Micky?

nem

[Darter245]

Re: Lowell solicitors have applied for a ccj, please help!

Claim form is dated 13th Sept so 28 days from then? I worked it out to be due on or before 11th of October.

Cheers
Micky

[nemesis45]

Re: Lowell solicitors have applied for a ccj, please help!

Claim form is dated 13th Sept so 28 days from then? I worked it out to be due on or before 11th of October.

Cheers
Micky

Send tomorrow signed for post and or file online at MCOl

nem

[Darter245]

Re: Lowell solicitors have applied for a ccj, please help!

I will file it online tonight with MCOL thanks. So do you think the defence looks OK? Regarding point 9 and receiving no documents from the solicitors do I just go with what I have said or do you think I need to change things?

Sorry about all the questions I just want to get things correct the first time of asking.

Thanks
Micky.

[charitynjw]

Re: Lowell solicitors have applied for a ccj, please help!

Claim form is dated 13th Sept so 28 days from then? I worked it out to be due on or before 11th of October.

Cheers
Micky

With reference to CPR 7E 5(7), the claim form is deemed received 5 calendar days after it has been issued via Money Claim On Line.
In effect you have 33 days (28 + 5) to file a defence.
https://www.justice.gov.uk/courts/pr...t07/pd_part07e

Apologies [MENTION=55034]nemesis45[/MENTION] - crossed posts.

[Darter245]

Re: Lowell solicitors have applied for a ccj, please help!

Thanks charitynjw

I did read that on several other threads, you read that many things the hardest part is absorbing everything.

Micky

[nemesis45]

Re: Lowell solicitors have applied for a ccj, please help!

I will file it online tonight with MCOL thanks. So do you think the defence looks OK? Regarding point 9 and receiving no documents from the solicitors do I just go with what I have said or do you think I need to change things?

Sorry about all the questions I just want to get things correct the first time of asking.

Thanks
Micky.

Leave it as is Micky.

nem

- - - Updated - - -

With reference to CPR 7E 5(7), the claim form is deemed received 5 calendar days after it has been issued via Money Claim On Line.
In effect you have 33 days (28 + 5) to file a defence.
https://www.justice.gov.uk/courts/pr...t07/pd_part07e

Apologies @nemesis45 - crossed posts.

None need charitynjw!!

nem

[Darter245]

Re: Lowell solicitors have applied for a ccj, please help!

Hello again,

The MCOL web page had a few gremlins as usual, however that's it my defence is in let's see what happens next.

Micky

[Darter245]

Re: Lowell solicitors have applied for a ccj, please help!

Hi nem and everyone else,

Just a quick update, today I received a letter from Lowell Solicitors which reads as follows;

"We confirm receipt of your request for a copy of the Credit Agreement under sections 77-79 of the Consumer Credit Act 1974. The account will be placed on hold until we have the requested documents from the original creditor Vanquis. These will then be forwarded to you upon receipt. If you wish to speak with a member of our team, please telephone the above number between 8.00am and 8.00pm Monday to Friday or between 8.00am and 2.00pm Saturday".

So in terms of this letter and the account being put on hold, what exactly do they mean? Is the court action ceasing pending them trying to find the Credit Agreement or are they clutching at straws and wanting me to ring them, something I won't do? Or is the whole letter just some ploy on their behalf trying to play silly buggers?

Any advice or any knowledge on something similar would be very helpful.

Thanks as always

Micky

[MIKE770]

Re: Lowell solicitors have applied for a ccj, please help!

ignore lowells usual response they try to get you to think that no more action? wrong:- court case goes on the CCA1974 etc is their problem, just follow any court instructions you receive, Warning there are many a thread where people have though because lowells state they are ceasing pending the agreement etc, only to find lowells get a back door CCJ - dirty standard tricks for the unwary

[Darter245]

Re: Lowell solicitors have applied for a ccj, please help!

Cheers MIKE770

I had a feeling that may be the response that I got. I've had a good look thru other threads and seen it mentioned quite a few times, Lowell's and their dirty tricks. Stuff them then, I'll ignore the letter and leave things in the hands of the system. Defence has been acknowledged by the court so we'll see what crops up next.

Thanks again

Micky