Lowel portfolio CCJ shopdirect

[Diana M]

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.

Can you just clarify did you write to the court after you received the claim form or after your received the Default Judgment (CCJ)

Can you clarify if the letter you sent to Lowells saying the debt was statute barred was sent to them after you received the claim form or after you received the Default Judgment (CCJ).

Was Lowells answer to your letter sent before or after the Default Judgment (CCJ) was obtained?

It's important to establish what you sent to whom and at what stage in the proceedings.

Di

[eryca03]

Re: Lowel portfolio CCJ shopdirect

I have sent all the response to the court and Lowel after the the default judgement.

i have no receipt for the 1st letter to the court i didnt get one from post office

[eryca03]

Re: Lowel portfolio CCJ shopdirect

So Shop direct as a credit card has been taken out 1/11/2008 and i have left about £708 left to pay when i became redundant in 2010 and couldn't pay anything back. Lowel portfolio took that amount and increased it for £1024. can they do that? there was no response from me at all up until the CCJ and yes i have send a letter after the judgement to the court and Lowel portfolio that the debt is statute barred. now I know I have definitely done it wrong. I should have defended myself earlier.

[charitynjw]

Re: Lowel portfolio CCJ shopdirect

It would appear that you sent your CCA request after the date on the default judgement (1st March).
Can you confirm?

Also, prior to the court claim being issued, did you write to Lowells informing them that it was SB?
If so, do you have proof of posting? Or perhaps a reply letter from Lowells?

[eryca03]

Re: Lowel portfolio CCJ shopdirect

Until the ccj came through I had no communication with this company what so ever.

[eryca03]

Re: Lowel portfolio CCJ shopdirect

Lowell portfolio was sending me letters every week but I have never responded.

[eryca03]

Re: Lowel portfolio CCJ shopdirect

Yes I have sent CCA after the date of judgement and there was no communication from my side before the ccj

[charitynjw]

Re: Lowel portfolio CCJ shopdirect

Apologies for belabouring the points.
As I understand it
Lowells sent you several letters prior to the court claim.
You didn't respond to them.
At some point, possibly during February 2017, a rather large, imposing court claim pack, probably via Northampton County Court Business Centre, was received by you.
You didn't respond or acknowledge it.
You received notification of a default judgement from NCCBC in (very) early March.
You subsequently responded with a statute-barred letter (to whom?) & a CCA request (to Lowells).

Is my understanding of events correct?

[eryca03]

Re: Lowel portfolio CCJ shopdirect

Yes that's correct. I have sent the SB letter to the court but they have advised me to talk to Lowell portfolio. So I ve sent the same SB letter to Lowell portfolio and they have responded saying I have been ordered to pay £50/month by the court and according to their records the debt isn't statute barred. That's when I have responded with a CCA about 11-12days ago now and I ve heard nothing from them since.

[MIKE770]

Re: Lowel portfolio CCJ shopdirect

if you are 100% sure SB then you would need to N244 set aside and Pay £255 into court with the form, but check on here your reasons for set aside is eligible for set aside =read threads on same subject many on here!

[eryca03]

Re: Lowel portfolio CCJ shopdirect

Lowell still have not confirmed what they are saying after 12days so am not sure what's the next step I should tell them. I have asked for a credit record and it was stated that I took out the account in 2008. And the last time I had any contact was in 2010.

What at I find interesting is that I opened a Barclay card in 2008 as well that i didn't touch again after 2010 and when I've sent the letter that it is indeed SB they accepted it.

I will check out set aside. What should I do next? Should I send another CCA? Am still waiting for my credit check to arrive

[MIKE770]

Re: Lowel portfolio CCJ shopdirect

no 2nd CCA if you have already sent one to them , their problem

[eryca03]

Re: Lowel portfolio CCJ shopdirect

no 2nd CCA if you have already sent one to them , their problem

So what is the next step?

[charitynjw]

Re: Lowel portfolio CCJ shopdirect

Hi eryca

As there is now a county court judgment (by default), the CCA request is no longer applicable.
To set aside the judgment, you will need to make an application to the court (either with or without the Claimant's.....now known as the Judgment Creditor...... consent).
Set-aside info http://legalbeagles.info/forums/show...lication-notes
The examples shown are for occasions when the original court claim form was served on the wrong address.
Obviously not applicable in your case, so you will need to provide a compelling alternative reason for the set-aside (ie why you did not, or could not, respond to the claim per court instructions in the court claim pack), as well as showing that you have a defence to the original claim

[eryca03]

Re: Lowel portfolio CCJ shopdirect

So if I apply for the set aside not knowing for 100% that my debt is SB and I lose can they make the payments more? Or I will be still able to pay the small amount they are asking of me now?

Also so if it will get to county court do I need to attend on the court or they will be just going through the paperwork?am starting to get scared. Don't think I can do this on my own neither pay a solicitor to defend me ��

- - - Updated - - -

Also I am supposed to have 2-3more cases with them which they have denied it's SB but yet never provided any evidence. Not since 7/3/2017 anyway when I have asked for them