Lowel portfolio CCJ shopdirect

[eryca03]

hi, I have been a part of this forum a long time ago to find help to handle some debts when i have lost my job. Since then i managed to swing things completely around and I am more or less on a straight line. One thing I regret I have not done before is to handle my debts properly and now that I want to get a mortgage things are catching up with me. And by things I mean Lowel portfolio. I have managed to close down 2 accounts (£1600) by sending a letter saying all the accounts are statute barred but they have sent me to CCJ (County Court Business Centre with no actual stamp but a circled crown) saying I do ow them money and now am obligated to pay £50/month for a debt that is older than 6 years. Lowel portfolio is stating the case goes into default in May but they did not comply with any of the agreements what I have requested.

the court also denies my letter I have sent to them to defend myself - which is probably my fault as I have only sent it by first class. I have just sent to them a CCA asking for the agreements and all the paperwork they referring to but am very scared. I ve gone through hell to come out this end and I dont want to lose everything again.

ps: I have been told by a financial adviser to send a letter that states the accounts are statute barred after going through my credit record from Experian. now I dont know what to do. I would greatly appreciate any help I could get in this matter

[charitynjw]

Re: Lowel portfolio CCJ shopdirect

Hi eryca03

Is there an issue date on the court claim form? If so, what is it?
Is there an 8-character claim reference no.?

[eryca03]

Re: Lowel portfolio CCJ shopdirect

I think there is Starting with DH0.... but not sure about the numbers and letters. It also states date of birth but there is no actual date of birth stated. the whole thing looks fake if am honest, but as I ve not been dealing with anything like this before I really have no idea. I am at work at the min so I ve not got it with me.

I have sent a letter back to the court 2x stating that the account they are referring to is older than 6 years and I will need proof if I am wrong . they have said they did not received my first letter and Lowell portfolio stated that it is still valid and only goes out of date in May (they have not proved anything yet) The court basically said I will need to ask Lowell portfolio about this and I can appeal against it.

[wales01man]

Re: Lowel portfolio CCJ shopdirect

Is there a CCJ for this ? if so writing to court will do nothing you will have to go through a set aside application this is the only way to get the CCJ removed

[eryca03]

Re: Lowel portfolio CCJ shopdirect

Yes there is a CCJ. What is a set aside application?

[eryca03]

Re: Lowel portfolio CCJ shopdirect

[eryca03]

Re: Lowel portfolio CCJ shopdirect

This is the ccj I have received and the letter from Lowell portfolio

[eryca03]

Re: Lowel portfolio CCJ shopdirect

Can anyone help please ...

[eryca03]

Re: Lowel portfolio CCJ shopdirect

I am supposed to start paying on 24th of March but I don't really want to do this unless I ll get a confirmation that I do ow the amount. Requested a CCA as I thought the account was statute barred as this is what was stated on my credit record.I could really use some help here please ��

[Kati]

Re: Lowel portfolio CCJ shopdirect

tagging [MENTION=87380]Diana M[/MENTION] (as she's online ) xx

[Diana M]

Re: Lowel portfolio CCJ shopdirect

the court also denies my letter I have sent to them to defend myself - which is probably my fault as I have only sent it by first class.

Do you mean that you filed your Defence (however casual it may appeared to have been) after the court deadline?

If so, do you have any evidence (such as Proof of Posting from the post office) that you sent it within the deadline?

Di

[eryca03]

Re: Lowel portfolio CCJ shopdirect

I have basically been notified that I am going to a court and I have sent a letter to them stating that the debt they are trying to take to the court with has expired a long time ago. The court did not respond only to tell me that decision has been made and I have to pay £50/month from now on every month to Lowell portfolio. When I have replied the court said they have not received anything from me and I will have to deal with Lowell portfolio from now on. I have sent Lowell portfolio the same letter that the debt is statute barred and the answer was that it is not. No proof has been given. So I have sent a CCA around the 7th of March but so far I have not received anything. The court did say there is something I can do.

- - - Updated - - -

Oh there is no evidence of the first letter to the court as I ve sent it first class but I will double check again tomorrow to be sure.

[Joanna C]

Re: Lowel portfolio CCJ shopdirect

Yes you can make an application to set aside the judgment. Did you say the debt was statute barred in the defence the court say they didn't receive?

Did the court receive the defence at all ?

[Amethyst]

Re: Lowel portfolio CCJ shopdirect

Basic info on set aside - http://legalbeagles.info/forums/show...lication-notes

Do you have a copy of the defence letter you sent to the court and/or Lowell ? Any postage receipt at all ?

[eryca03]

Re: Lowel portfolio CCJ shopdirect

I will post the letter I have sent and see if I will have a receipt soon as I get home. I can also post Lowell portfolios answer after I have contacted them. I do appreciate your response