Lowell- court tomorrow

[Celestine]

Re: Lowell- court tomorrow

Where about in the UK are you located Lilu?

[Lilu]

Re: Lowell- court tomorrow

Near Portsmouth, I'm still trying to figure out how the overdraft wasn't statute barred ? On the Lowell WS it says the agreement was formally terminated on or before the 23rd of September 2010. When I raised this in court he disagreed ? any idea why this wouldn't be statute barred ?
Thanks

[Diana M]

Re: Lowell- court tomorrow

I found out in September 2016 that I had a ccj against me, issued in 2014. I contacted the courts to find out what it was in relation to. It went back to Lowell who I then contacted. They were unable to give me any information as they said they had no open cases against me. I applied to the court to have the ccj set aside as I didn't know what the alleged debt was for and it was sent to an address I had never live at. It was set aside in November 2016.

. . . . It turns out it is an overdraft and the agreement was formally terminated on or shortly before 23/09/2010.

Does the ccj reset the clock, even though the ccj should never have been issued and I never knew about it?

Will statute barred be enough of a defence?

I'm still trying to figure out how the overdraft wasn't statute barred ? On the Lowell WS it says the agreement was formally terminated on or before the 23rd of September 2010. When I raised this in court he disagreed ? any idea why this wouldn't be statute barred ?

You poor thing Lilu, you've had such a rotten day!

I've only taken a quick peek back at your thread but I'll have a go at answering your SB question based on what you've posted. Please feel free to tell me if I've misunderstood the timeline of events.

If the CCJ (Default Judgement) was in 2014 then the claim would likely have been issued in 2014 albeit you didn't discover this until 2016.

When a CCJ is set aside the legal proceedings go back to where they were before the CCJ was granted (it's as if it never happened) so the original claim issued in 2014 still exists giving you the opportunity to file a Defence to it which you were denied first time around.

In order to successfully prove/plead Statute Barred the debt would need to have been terminated (or whatever cause of action is applicable) six years before the claim issue date which was 2014 in this case.

You say that Lowells have said they were relying on the termination of the agreement/account as the cause of action and that was in September 2010 which is not six years before the claim was issued.

Without seeing the evidence (of the 2010 termination date) produced by Lowells it's not possible to say if it's factually correct. But if it is (which it may not be) then there were only four years not six years following the termination to when the claim was issued.

Others on here have made suggestions about secondary legal arguments you may have so even if the debt wasn't SB you may have other things to go into battle with if that's what you choose to do.

Di

[Diana M]

Re: Lowell- court tomorrow

Otherwise I think I may have a big problem paying

If the CCJ is a 'forthwith' Order (pay the whole lot in 14 days) you may wish to make an application to vary/redetermine the Order to an 'instalment' Order of monthly payments which you can afford. The court would want to see evidence of your Income & Expenditure to back this up.

Depending on what you decide to do about an Appeal (which could prevent enforcement action of the CCJ pending the outcome of the Appeal) you need to do 'something' to give you the peace of mind that there won't be any more court action in the meantime.

Do you own your own home (with or without a mortgage) or do you rent?

Di

[Diana M]

Re: Lowell- court tomorrow

I applied to the court to have the ccj set aside as I didn't know what the alleged debt was for and it was sent to an address I had never live at. It was set aside in November 2016.

Was there a hearing to decide your set aside application last November?

Was there anything in the resulting Order about filing a Defence by a particular date etc (sometimes there is and sometimes there isn't)?

Di

[Diana M]

Re: Lowell- court tomorrow

I did ask if I could appeal but was just ignored !

The hearing would (should) have been recorded. A transcript of the hearing would confirm that you asked for permission to appeal which was denied (I view silence as a denial unless your request wasn't audible).

If the DJ refused your request for an appeal then he/she has to (subsequently) give you their reasons.

Here's a snapshot of the situation > https://www.moneyclaimsuk.co.uk/PDFForms/EX340.pdf

Di

[Joanna C]

Re: Lowell- court tomorrow

The hearing would (should) have been recorded. A transcript of the hearing would confirm that you asked for permission to appeal which was denied (I view silence as a denial unless your request wasn't audible).

If the DJ refused your request for an appeal then he/she has to (subsequently) give you their reasons.

Here's a snapshot of the situation > https://www.moneyclaimsuk.co.uk/PDFForms/EX340.pdf

Di

If you are eligible for fee remission then the court may obtain the transcript for you - which is in itself a quicker process as in one court recently it was a 2 day turn around contract with that particular court.

[Lilu]

Re: Lowell- court tomorrow

Ok,so how do I begin an appeals process?
Do I go down the route of an N244 again?
Lowell have given me no information in relation to the debt (until 25th February) by which time I was too late as the deadline had expired. I had also called numerous times to try to resolve the situation to be constantly told that Lowells had no account with me, no information on me and there was to be no court case. I have records of all of the times I have called. Can I ask them for transcripts of our telephone conversations?
I have never been given i chance to defend the original debt as I've never been told what it was for. To be honest I think the whole situation is completely unfair that I've been given a ccj and told to pay a huge amount of money but not been given the opportunity to pay the original debt.
I have a letter from Lowells to say that they will agree to mediation, I spent 15 minutes on the phone to them, for them to still tell me nothing.
after numerous attempts to contact Lowell to sort the situation, I'm completely at a loss

[Lilu]

Re: Lowell- court tomorrow

Alright, I've had a look at the link above about the appeals procedure..... I'm a little bit unsure as to what my grounds of appeal would be tbh.....
also.....how do I ask permission to appeal? As I stated earlier, I did ask the judge yesterday but I was ignored. (Ok I've found the forms, not sure on which form number, why do they make this so difficult and complicated :/ )

[Lilu]

Re: Lowell- court tomorrow

I know it's not n161! Is it an N259 please?
now I'm confused, and I apologise for so many questions. The n161 states at the top (All appeals except small claims track appeals....)
it was a small claims track but heard in the county court...

[charitynjw]

Re: Lowell- court tomorrow

https://www.moneyclaimsuk.co.uk/PDFForms/EX340.pdf

[charitynjw]

Re: Lowell- court tomorrow

I know it's not n161! Is it an N259 please?
now I'm confused, and I apologise for so many questions. The n161 states at the top (All appeals except small claims track appeals to the Family Court....)
it was a small claims track but heard in the county court...

####

[Lilu]

Re: Lowell- court tomorrow

Thank you [MENTION=5553]charitynjw[/MENTION], I have looked through that and it says the form n161 but I'm just confused by the "except small claims track" on the n161 guidance notes :/

[charitynjw]

Re: Lowell- court tomorrow

Your case is not being dealt with, or being appealed to, the Family Court.
https://www.judiciary.gov.uk/you-and...ly-law-courts/