Setting aside a CCJ - Lowell

[Diana M]

Re: Setting aside a CCJ - Lowell

Lowell never sent a solicitor but a 'representative'. They never argued in court but actually said they agreed to have it set aside.

If the Claimant didn't contest your Application for a set aside, why didn't they simply consent to it without the need to go to court - or weren't you advised to ask them if they were willing to do that (consent)?

Di

[Diana M]

Re: Setting aside a CCJ - Lowell

I would suggest you send the CCA Request template used by members of this forum here >

http://www.legalbeagles.info/forums/...=7670#post7670

Di

[Madcookie]

Re: Setting aside a CCJ - Lowell

@Diana M

I've attached the CCA that we are going to send. As we have no account number I've used the claim number from the court. do you think that would be sufficient?

Kind Regards

Anthony

[Madcookie]

Re: Setting aside a CCJ - Lowell

Hi [MENTION=87380]Diana M[/MENTION] , thanks for quick replies!

In response:

I never attended the actual hearing, this is for my mrs and i couldn't go in as we had our baby there (had no one to look after her). I'm not sure if she mentioned the lack of POC but i imagine not as she was quite panicked and overwhelmed. Lowell never sent a solicitor but a 'representative'. They never argued in court but actually said they agreed to have it set aside. I'm not sure what a WS is so i guess we don't have one.

She said that the DJ did say she may want for her defence to consider either statute barred, saying the claim is less than the amount asked for or that its not her debt (although he said this is probably not an option as she had said about her account with lloyds). This means they know its probably an overdraft as she said that is the only thing it could be, although we haven't put this in writing anywhere.

After reading your replies we have contacted NCCBC, they said nothing could be done online as its now at county court (trying to access mcol) and that they could give us the POC at a cost of £10. This had to be done via an email request, which we have now done and are waiting for a reply.

I will have a CCA typed up before i leave work and signed/posted special deliver today, to both the addresses we have.

Kind regards

Anthony

[Diana M]

Re: Setting aside a CCJ - Lowell

If you're Defence is due on the 1st May and that's a Bank Holiday (it is isn't it)?) then you can file it by 4 pm the following day.

Since you don't know for sure that the claim is for an overdraft (because you've not seen the POC) I would send a s 77-79 CCA Request asap to Lowells. If it's not relevant there's no harm done except a wasted £1 postal order and the cost of postage.

It's the Claimant's job to prove their case not your job to tell the court what it is they're attempting to claim. So don't refer to the possibility of it being an overdraft in any correspondence.

Di

[Diana M]

Re: Setting aside a CCJ - Lowell

I also note that the Claimant sent a solicitor to the hearing. What did they argue in court?

Did the Claimant file a WS before the set aside hearing? If so what did it say?

I see no harm in you asking the Claimant's solicitors for a copy of the claim form. Do this in writing asap. If you get no response then you may wish to refer to that in your Defence. Also email a copy of your letter to them due to the time restraints.

I wish I had seen your thread earlier

Di

[Diana M]

Re: Setting aside a CCJ - Lowell

You really do need those POC.

Since thiis was a Default Judgment call NCCBC and see if they will email you the Case Details which is a printout from their database of the POC and all activity that followed before it was transferred to the county court to deal with your set aside Application.

If they don't (or can't due to the time lapse) co-operate (explain the urgency) then ask the county court which dealt with your set aside for them.

I see you attended the set aside hearing. Did you explain to the DJ that you had no idea what the claim was for since you'd not received the Claim Form?

It's a pity the resulting Order doesn't compel them to produce the relevant documents by a specific date and then Directions for you to file your Defence 14 days later. That may have been suggested in your Draft Order if you filed that with your set aside Application?

Di

[Madcookie]

Re: Setting aside a CCJ - Lowell

Hi all, Thanks for the advice, not sure how i ended up on another post, but thanks for re-arranging it!

I'll try and clear a few things up here and if @nemisis45 @pt2537 @joanna c @Diana M @Chrisc @Amethyst could help that would be massively appreciated. This is all overwhelming so please forgive me if i ask you to explain further.


We have no POC all we know is that a CCJ was issued in august 2014 for a debt possibly 2007 or as late as 2008.

The original creditor was lloyds. This was transferred to Lowell portfolio 1 who applied for the ccj and won by default. we only found out about this in 2016 when a letter came through the door asking for payment of £1200. after realising what had happened we applied to have the ccj set aside as no notifications/letters had been sent to the correct address at the time. Our only defence on this was using the N244 form stating that they had not used the correct address, which they would have had if they checked.

We were successful in having it set aside and were told we must have our defence in by 4pm on the 1st of May.

After getting it set aside we sent a CPR request to Lowell and their solicitors, which we have had nothing back from. We also sent a SAR to Lloyds and have also had nothing back (although we didnt send a £10 postal order).
We never sent a CCA as were advised it was not needed due to it probably being an overdraft. We also never sent anything to the courts for POC as hadn't realised we could, (my lack of knowledge).

With the deadline being Monday, which is a bank holiday, i intend to submit our defence Wednesday by recorded delivery.

But i with no POC and no information other than we owe Lowell £1200 for something to do with Lloyds in 2008 i am really not sure what to enter as a defence.

Is there anything else i can do in 1 day? no time to send requests i assume?

When i submit the defence am i right in submitting to Lowell and the court? We cant access MCOL as we have no original court letters from 2014 with the password on.

For completion I've attached the redacted set aside order, this will have the claim number on. I've also included the CPR and SAR with personal details removed. This are ALL we have other than court date letters.

Thank you all for any help provided, it is genuinely appreciated.

Kind regards

Anthony

[MIKE770]

Re: Court Claim form Lowell Solicitors

Or
just tag Nem into the post.

Ideally advice by PM should be avoided, that being said theres nothing wrong with PM'ing a member and asking them to advise on the thread

= Exactly the suggestion

[Diana M]

Re: Court Claim form Lowell Solicitors

Or
just tag Nem into the post.

Ideally advice by PM should be avoided, that being said theres nothing wrong with PM'ing a member and asking them to advise on the thread

Or tag any of the Authorised Representatives who specialise in the Consumer Credit Act asking them to advise on the thread such as @pt2537 @Joanna C @Diana M and [MENTION=100400]ChrisC.[/MENTION] etc.

Di

[Diana M]

Re: Setting aside a CCJ - Lowell

After reading your post on another thread (which I re-posted in post # 15 on this thread) it seems you may not have obtained a copy of the original POC yet. Is that correct?

If so then you need to get them from the court.

The CCJ was in 2014 so they should be on file 'somewhere'.

Di

[Diana M]

Re: Setting aside a CCJ - Lowell

Did you file a Draft Defence with your set aside application (sorry I've not read through your thread in any detail)?

I can't see the Particulars of Claim posted anywhere but since your Defence will be a 'reaction' to those it may help to post/type them up removing any information which could identify you/her.

You don't seem certain that this was an overdraft but perhaps the POC will clarify things.

If it isn't/wasn't then send a s. 77-79 CCA Request to Lowells now that the CCJ has been set aside so they can't say a CCA Request is not applicable.

Di

[Diana M]

Re: Setting aside a CCJ - Lowell

Hello Madcookie

I see you've posted on another thread tonight but maybe those posts belong on this thread?

Hi again,

I've attached the order from the court that came through last week, seemed to take an age but its here now. Ive sent the CPR and SAR (although i didnt add a £10 PO to the SAR so not sure what will happen with that?)

Our defence has to be in by Monday but just realised this is a bank holiday so will post it on Wednesday. But i still don't know what our defence is? can you help me with that please?

As it stands we still have no idea what the amount is for, other than something from lloyds. We do know that she hasn't had an account with Lloyds since 2007/2008 though and has made no payments of any kind to them in the time since. does this mean we could argue it is statue barred? even though they originally filled the CCJ in 2014 so may not have been at that time? although it could have if it was 2007, but with no info we do not know. If this is the case what do we put in as our judgement?

Can anyone get the particulars of this case? we were hoping for more info from the courts but didn't get them either.

Kind regards

Anthony

So what would be my defence?

Di

[andrew3223]

Re: Court Claim form Lowell Solicitors

Or
just tag Nem into the post.

Ideally advice by PM should be avoided, that being said theres nothing wrong with PM'ing a member and asking them to advise on the thread

Goodluck!

[Diana M]

Re: Court Claim form Lowell Solicitors

Hi again,

I've attached the order from the court that came through last week, seemed to take an age but its here now. Ive sent the CPR and SAR (although i didnt add a £10 PO to the SAR so not sure what will happen with that?)

Our defence has to be in by Monday but just realised this is a bank holiday so will post it on Wednesday. But i still don't know what our defence is? can you help me with that please?

As it stands we still have no idea what the amount is for, other than something from lloyds. We do know that she hasn't had an account with Lloyds since 2007/2008 though and has made no payments of any kind to them in the time since. does this mean we could argue it is statue barred? even though they originally filled the CCJ in 2014 so may not have been at that time? although it could have if it was 2007, but with no info we do not know. If this is the case what do we put in as our judgement?

Can anyone get the particulars of this case? we were hoping for more info from the courts but didn't get them either.

Kind regards

Anthony

Hello Madcookie

This thread was started by Mossip for a claim which was received yesterday.

Do you have a thread elsewhere on the forum for your claim?

Is it this one here > http://legalbeagles.info/forums/show...567#post718567

If so I'll ask [MENTION=49370]Kati[/MENTION] to move your posts across so you'll get the help you need with this set-aside.

Di