Setting aside a CCJ - Lowell

[pt2537]

Re: Court Claim form Lowell Solicitors

PM nemisis45 ask him to help you!

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

[MIKE770]

Re: Court Claim form Lowell Solicitors

PM nemisis45 ask him to help you!

[Madcookie]

Re: Court Claim form Lowell Solicitors

So what would be my defence?

[MIKE770]

Re: Court Claim form Lowell Solicitors

you now have to set out a clear defence now

[Madcookie]

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

[Amethyst]

Re: Setting aside a CCJ - Lowell

The clock continues so if it was statute barred before they first issued the claim it still is now. So that should go in your defence too

The CCJ will take 28 days or so to come off your file and the register.

If there was no solicitor and it was just lowell financial then send to the lowell financial address, fine to cc it to the PO Box address too though not sure you can send recorded to a PO box though can you? so recorded to the lowell financial proper address maybe?

[Madcookie]

Re: Setting aside a CCJ - Lowell

Thanks [MENTION=49370]Kati[/MENTION]

I've printed two copies and will send it to both addresses.

I'd assumed (incorrectly it appears) that by getting it set aside Lowell would have to go through the whole process again, starting with submitting a claim to the court. But since the judge said we have 30 days to submit our defense to both the court and lowell it appears to have just taken us back to the beginning, as if the claim has already been submitted. this is a problem because we are still fighting blind, with little records to help. Hopefully the CPR ans SAR will help aid this.

Kind Regards

Anthony

[Kati]

Re: Setting aside a CCJ - Lowell

So even though no solicitor appears to have been involved we still send the CPR to:

Lowell Solicitors, Darwin House, 7 Savannah Way, Leeds Valley Park, Leeds, West Yorkshire, LS10 1AB, England?

and we disregard the address their agent gave us. Is this a delaying tactic used by them?

you could send it to BOTH addresses just to make sure??

- - - Updated - - -

One other thing, as this appears the be from 2008ish would it not be statute barred? or does the default CCJ rule that out?

if a CCJ judgement is set aside, the mark on your credit file will be removed, @Amethyst should know if this makes a difference to SB'd (although I'd hazard a guess that it should)

[Madcookie]

Re: Setting aside a CCJ - Lowell

Thank you [MENTION=6]Amethyst[/MENTION] ,

My god this is confusing without the original paperwork! There are just so many questions, I see why people don't defend.

So even though no solicitor appears to have been involved we still send the CPR to:

Lowell Solicitors, Darwin House, 7 Savannah Way, Leeds Valley Park, Leeds, West Yorkshire, LS10 1AB, England?

and we disregard the address their agent gave us. Is this a delaying tactic used by them?

I will get the CPR sent today by recorded delivery.

One other thing, as this appears the be from 2008ish would it not be statute barred? or does the default CCJ rule that out?

Kind regards

Anthony

[Amethyst]

Re: Setting aside a CCJ - Lowell

Personally I would use their proper address;

the solicitors...

Lowell Solicitors, Darwin House, 7 Savannah Way, Leeds Valley Park, Leeds, West Yorkshire, LS10 1AB, England

and the claimant....

Lowell Financial Ltd, Ellington House, 9 Savannah Way, Leeds Valley Park, Leeds, West Yorkshire, LS10 1AB, England


You could cc the letter to the sols to Lowell Financial, to be certain.

[Madcookie]

Re: Setting aside a CCJ - Lowell

Thank you @Kati

It is a start

There is soooo much to read through and consider, I understand why solicitors charge so much now lol

The above bit was still on my screen...hadn't hit post!
@Amethyst

Thank you for your help, I've wrote the CPR out and removed the reference to CCA. at the top it has claimants name etc, is this Lowell Financial Limited? Their representative gave us the following address but no names etc:

PO BOX 1419
Northampton
NN21BU

Our court letter says:
Lowell portfolio I LTD RE:Lowell financial limited

Looking it appears we dont have an address for any solicitors either.....this may be Lowell address so may be all direct?

Thanks again

[Amethyst]

Re: Setting aside a CCJ - Lowell

Apologies for not replying yesterday xx

Send a SAR to Lloyds - just simple is fine - http://legalbeagles.info/forums/show...964#post685964 - just your partners details from when she held the account and new details should be okay. And the £10. It might be worth her having a chat with Lloyds in branch or something to save time/confusion over identity protection etc. They might even have details on the system and be able to give her a print out of the end of the account stuff ( when she closed it, how the hell it went up to £1200 etc etc ) then and there. You never know.

There's no need to do a CCA request as this is an overdraft so it wouldn't apply.

Send a CPR request to Lowells solicitors - this should ask for the Agreement/Contract, Statement of Account, Notice of Assignment and Default Notice. I know you don't have the particulars of claim so it is a little bit of a wing it and see what they do situation.

So amend letter thus;

Dear Sirs,

Claim Number: XXXXXX

Request for documents mentioned in a statement of case under CPR 31.14

You will be aware that judgment in the above Claim has been set aside by the court and I am now preparing my defence to your claim. I have not yet received a copy of the original particulars of claim in the case and would appreciate it if you could send me a copy as soon as possible. In addition I require inspection of documents you mention in your statement of case, as time is limited and documentation lacking, I would request that you supply a copy of the;

1. Agreement / Contract
2. Default Notice
3. Notice of Assignment
4. Statement of Account

that apply to the account relevant to the claim and that you intend to rely on in court.

As ordered by District Judge xxxxxxxxxxxxx I shall be filing and serving my defence on xxxxxxx(just under 30 days from the hearing) and should I not receive the documents requested I shall reserve the right to amend my defence and request the cost of that amendment be awarded against your client should the required documents deem it necessary.

I look forward to hearing from you.

Yours sincerely

[Madcookie]

Re: Setting aside a CCJ - Lowell

Also where it states :

NB: ONLY LIST HERE DOCUMENTS THAT ARE MENTIONED IN THE PARTICULARS OF CLAIM ON THE FRONT OF THE CLAIM FORM - eg. IF THEY DON'T MENTION ' DEFAULT NOTICE' YOU CANNOT ASK FOR IT UNDER CPR 31.14, IF THEY MENTION CONTRACT rather than AGREEMENT - ask for the CONTRACT...IF IN DOUBT TYPE OUT THE PARTICULARS OF CLAIM AND ASK ON THE FORUM.( and remove this paragraph too!!!!)
for EXAMPLE
1. Agreement / Contract
2. Default Notice
3. Assignment
4. Formal Demand

what do we do, as we dont have any paperwork?

Kind regards

Anthony


- - - Updated - - -

Thank you [MENTION=49370]Kati[/MENTION]

It is a start

There is soooo much to read through and consider, I understand why solicitors charge so much now lol

[Kati]

Re: Setting aside a CCJ - Lowell

I know @Amethyst will be along soon Anthony ... in the meantime I believe that it will be a SAR you need to send to Lloyds (not a CCA) so that you can get all the information they hold on the account. CCA to Lowell, CPR and copy of CCA to Lowell Solicitors.

I'm sure you'll get something in writing from the courts and Lowell before the 30 days is up, but it might be an idea to get started on the letters (leaving the account numbers blank until you know what to put there)

K xx

[Madcookie]

Re: Setting aside a CCJ - Lowell

@Amethyst could you help me with this please?

I'm conscious that time is of the essence, although i imagine you're all very busy!

I'm looking at the next steps and think they are as follow:

submit a CCA to Lowell
Submit a CCA and CPR request to Lowell Solicitors
Submit a CCA to Lloyds (although i don't have any details with regards Lloyds)

What do we enter for account numbers etc as we dont have these? and if it is a bank account what do we do instead?
and what about a SAR? Where does that go/is it needed?

Our problem is not having all the relevant paper work including the original ccj. Can anyone offer us some advice please? I registered my partner on MCOL but with out the defense pack i could not open the case linked to this CCJ. Should we expect some correspondence from the courts after the we got it set aside?

Kind Regards

Anthony