Claim from Lowell Portfolio - confused

[MoneyConfused]

Hi all,

A couple of months ago i received a claim from the County Court with the claim being from Lowell Portfolio (using BW Legal Solicitors)

This claim was for something like £800 from an old mobile account.

I believed this debt to be statute barred so i acknowledged the claim, sent the solicitors a CPR request and then filed my defense a couple of weeks later.

This morning i have received a 'Notice of Proposed Allocation to the Small Claims Track' letter from the court, what does this mean? What happens from here and what do i have to do now?

Does this mean my defense failed?

[Amethyst]

Re: Claim from Lowell Portfolio - confused

No, it means your defence has been received and the other side have indicated to the court they wish to proceed. Next step is to complete the Directions Questionnaire and get that sent in.

Did your defence include the statute barred argument as well as the lack of response to your CPR request ?

[MoneyConfused]

Re: Claim from Lowell Portfolio - confused

Thanks for your reply, this is really starting to get me stressed now.

My defense included the statute barred argument and also that i had not had a response to my CPR request (which i still haven't)

So if i now have to fill in the questionnaire i am even more confused as i really don't know what to say. The first checkbox is 'Do you agree to this case being referred to the small claims mediation service?' - My answer would be no, not really as this is statute barred and they haven't fulfilled my CPR request!

[Amethyst]

Re: Claim from Lowell Portfolio - confused

Normally we'd say yes, as it shows willing, and then when it comes to mediation they send you a little questionnaire, where if you still haven't had any documents, you check a box saying you can't mediate as you have no documents ... and it doesn't go ahead, but I think we're turning round and just saying no from the off now. If you say no it should reduce the amount of time it takes to get to a court hearing being booked, and thus reduce the time they have to find documents. BAsically it is up to you, if they come up with docs and proof it isn't stat barred you might be glad of a mediation opportunity, but if you are 100% it is statute barred then I'd just say no and let it proceed.

[MoneyConfused]

Re: Claim from Lowell Portfolio - confused

So if i say yes and proceed with the small claims track i will receive a mediation questionnaire which i will be able to to say i haven't received documents so can't mediate - will i have to go to court?

And if i say no, and basically say no to the whole questionnaire, and they don't prove it isn't statute barred will it then get dropped? or will i still have to go to court?

It's all extremely confusing

[Amethyst]

Re: Claim from Lowell Portfolio - confused

It is unlikely to actually get into the court room, most likely scenario is that they will discontinue when it is time for witness statements to be exchanged. But you need to be aware that it COULD go into a courtroom, but you can always negotiate nearer the time if the thought of that scares you too much ( it shouldn't, honestly, they are actually quite friendly places ). It's a processm, like a game of chess really with these DCA's - see who pulls out first.

What are your statute barred dates? ( last payment ? default ? )

[MoneyConfused]

Re: Claim from Lowell Portfolio - confused

I can't remember the exact month of last payment but i know 100% that it was August 2010 or before. I'm thinking i'm going to answer no.

Would i still need to say i require a witness? what witnesses would i even need or use?

[Amethyst]

Re: Claim from Lowell Portfolio - confused

No you don't need an actual Witness, a Witness Statement is just written by you and is your account of what happened and when. We'll give you a hand when you get to that bit but basically you repeat what your defence is in less legal language - have a mooch at a couple examples http://legalbeagles.info/forums/show...ness-Statement

So in the box on the form you just put 1 ( which is you )

[MoneyConfused]

Re: Claim from Lowell Portfolio - confused

That's perfect thank you very much. I feel a lot better informed in what to do next now.

I'm going to say no on the questionnaire, send it back and see where it goes. I'll post back to this thread with any updates so this might help someone else down the line.

[MoneyConfused]

Re: Claim from Lowell Portfolio - confused

I have now received a date for the hearing in court in mid April.

So my next step is to prepare a witness statement and send it to the court 14 days prior to the hearing? And then i just turn up to court and hear a judgement?

I'm kind of glad this is nearing it's end but its a bloody confusing process for those of us less informed!

[charitynjw]

Re: Claim from Lowell Portfolio - confused

The Claimant has to pay the hearing fee prior to the actual hearing.
Details are normally on the allocation notice.

[MoneyConfused]

Re: Claim from Lowell Portfolio - confused

So my court date is 19th April and i haven't had anything from the court to say the hearing is not going ahead.

I have prepared my witness statement but there doesn't seem to be much beef to it.... and i'm not sure what else i can say. It's basically like this;

IN THE XXXXX COUNTY COURT

Claim No. XXXXXXXX

BETWEEN:
LOWELL PORTFOLIO 1 LTD Claimant

- and –

XXXXXXXXXXXXXXXX Defendant

_________________________________

WITNESS STATEMENT OF XXX
_________________________________



I XXXXXX of 146 XXXX being the Defendant in this case will state as follows;


1. I make this Witness Statement in support of my defence in this claim. The matters set out below are within my own knowledge, except where I indicate to the contrary.

2. On the 8^th October 2016 I wrote to the claimant’s solicitors BW Legal of The Tannery, 91 Kirkstall Road, Leeds requesting the following information from them as required by Civil Procedure Rules 31.14:

a. A legible copy of the alleged agreement
b. T&C’s at inception of the alleged agreement, along with any subsequent variations
c. Notice of assignment
d. Default Notice
e. Proof of all payments to the account made by me
f. Any written acknowledgement of the debt by me in the last 6 years

3. I attach a copy of this letter as Exhibit A.

4. I am yet to receive any of these documents from the claimant.

5: The Claimant has mentioned the Credit Agreement, the Default Notice and the Assignment in its Statement of Case and yet it has provided none of these documents despite my request to inspect them.




And i'm not sure what else i can really say, or how to close it off and request that the judge throw this thing as far out of court as possible, any ideas?

[nemesis45]

Re: Claim from Lowell Portfolio - confused

So my court date is 19th April and i haven't had anything from the court to say the hearing is not going ahead.

I have prepared my witness statement but there doesn't seem to be much beef to it.... and i'm not sure what else i can say. It's basically like this;

IN THE XXXXX COUNTY COURT

Claim No. XXXXXXXX

BETWEEN:
LOWELL PORTFOLIO 1 LTD Claimant

- and –

XXXXXXXXXXXXXXXX Defendant

_________________________________

WITNESS STATEMENT OF XXX
_________________________________



I XXXXXX of 146 XXXX being the Defendant in this case will state as follows;


1. I make this Witness Statement in support of my defence in this claim. The matters set out below are within my own knowledge, except where I indicate to the contrary.

2. On the 8^th October 2016 I wrote to the claimant’s solicitors BW Legal of The Tannery, 91 Kirkstall Road, Leeds requesting the following information from them as required by Civil Procedure Rules 31.14:

a. A legible copy of the alleged agreement
b. T&C’s at inception of the alleged agreement, along with any subsequent variations
c. Notice of assignment
d. Default Notice
e. Proof of all payments to the account made by me
f. Any written acknowledgement of the debt by me in the last 6 years

3. I attach a copy of this letter as Exhibit A.

4. I am yet to receive any of these documents from the claimant.

5: The Claimant has mentioned the Credit Agreement, the Default Notice and the Assignment in its Statement of Case and yet it has provided none of these documents despite my request to inspect them.




And i'm not sure what else i can really say, or how to close it off and request that the judge throw this thing as far out of court as possible, any ideas?

Hi,

Take a look at the WS template in the green box above for the format and content of the WS.

You need to make a statement of How the debt has got to this stage and what has occurred in the progress of the debt up to now.

Expand upon your defence statements.

nem

[MoneyConfused]

Re: Claim from Lowell Portfolio - confused

Well that;s the thing, nothing has really progressed at all....

I received the claim form on the 4th October, i immediately acknowledged and sent a cpr request, then filed my defence at the end of October.

Since October i have not received 1 single letter from Lowell's. nothing at all, no reply to my CPR request or anything...

I used the witness statement templates, i just don't see what else i could add? I made my statute barred defence and sent CPR request and have had not 1 letter from Lowells.

[nemesis45]

Re: Claim from Lowell Portfolio - confused

Well that;s the thing, nothing has really progressed at all....

I received the claim form on the 4th October, i immediately acknowledged and sent a cpr request, then filed my defence at the end of October.

Since October i have not received 1 single letter from Lowell's. nothing at all, no reply to my CPR request or anything...

I used the witness statement templates, i just don't see what else i could add? I made my statute barred defence and sent CPR request and have had not 1 letter from Lowells.

There's no history of the debt, original creditor, etc. do you believe the debt is statute barred? Reasons for this? Any evidence credit file data?

nem