Lowell portfolio county court claim on statute barred debt

[tony26]

Re: Lowell portfolio county court claim on statute barred debt

hi yes i've reset my password with my government gateway id , but then when i go to log in with my gateway id and password it says it's incorrect .

[charitynjw]

Re: Lowell portfolio county court claim on statute barred debt

If the problem persists you can email Northampton CCBC.

ccbcaq@hmcts.gsi.gov.uk

Scan a signed copy of the defence c/w statement of truth & send as an attachment to the email.

Put ('Lowell Portfolio') v ('tony26') Court claim no (XXXXXXXX) in the email subject box.

[tony26]

Re: Lowell portfolio county court claim on statute barred debt

Thanks to everyone for all this very helpful advice, i managed to log in to the money claim website this morning with no problems , maybe the website doesn't function out of court hours ?
Anyway i successfully entered my defence , so i'll have to see what happens next.

[charitynjw]

Re: Lowell portfolio county court claim on statute barred debt

Normally the Defendant receives notification from the court that the Claimant has 28 days to reply to the defence, & that failure to do so will result in the claim being stayed.
If it is stayed you are not normally informed of this, so keep an eye on the status of the claim.

[tony26]

Re: Lowell portfolio county court claim on statute barred debt

Hi , i did receive a notification from the court stating that the claimant had 28 days to reply, which from the date of the court letter was the 30th may , i didn't hear a thing from the court or lowells or lowell's laywers , i've not received anything at all ,that i've asked lowells for , then today out of the blue i received a shortly worded letter from BW LEGAL on behalf of lowells stating that they intend to carry on with the claim and they have informed the court, the letter is dated the 7th june2017, i don't what my next move should be as lowells just seem to have ignored eveything i have asked them to send me as proof of the debt including the deed of assignment which i thought in the least they would have, and just seem to be steamrollering me into a CCJ , any advice would be greatly appreciated . Thanks Tony

[warwick65]

Re: Lowell portfolio county court claim on statute barred debt

I believe the next move will be for you to receive a Directions Questionnaire which includes times you are unavailable for court etc. From then it will be allocated to your local court and at some point you will be asked to complete witness statements

Just keep an eye on MCOL - it is a slow process. My case was transferred nearly a month ago and i have not heard anything as of yet.

I am told, and am hoping, that Lowell often go almost to the doors of the court before discontinuing - especially for a relatively small sum where they will have to send some sort of representative which will cost them a bit.

[tony26]

Re: Lowell portfolio county court claim on statute barred debt

Hi warwick thanks for the reply i checked on the court website and it says dq sent out , i received it today so i have to fill it in and send back , what you said about lowells going to the doors of the court sounds about right , as i can't see them turning up at court as they've not sent me one shred of evidence that proves i owe them any money , i think it's the last thing they have in their arsenal of fear with the emphasis on " arse "

[tony26]

Re: Lowell portfolio county court claim on statute barred debt

hi everybody , i ,ve got a hearing date for the 17 th october , i had a letter from my local court saying that if the claimant hadn't paid the court fee of £80 by the 19th september, that the case would be struck out , i thought that with lowells not sending me any information at all, that i asked them for including a cpr request or a cca request that they wouldn't pay the fee ,but to my amazement , they have paid the court fee, should i write to the court stating that lowells have not sent me any proof of the debt at all ,or should i just turn up at the court ,i'm wondering what they've got up their sleeves , as it seems strange to have paid the court fee ,when not sending me any proof of the debt whatsoever, any advice will be greatly appreciated . thanks tony

[Amethyst]

Re: Lowell portfolio county court claim on statute barred debt

Check the hearing date letter you got from the court - it is likely to ask you to file a witness statement, and normally that is due 14 days before the hearing so check around halfway down the second page of the hearing order pls.

[tony26]

Re: Lowell portfolio county court claim on statute barred debt

yes ,the hearing date is the 17th october 1.45pm , what should i do next i haven't ran out of time have i ? thanks for the quick reply

[tony26]

Re: Lowell portfolio county court claim on statute barred debt

what happens if there isn't a witness statement filed fourteen days before the hearing date , does it mean it's a waste of time if i turn up in court and lowells just get a ccj by default or something along these lines ? i'm not a lawyer by trade and i find all this misleading and vague , i mean when it says witness statement ,does it refer to a statement off me or somone else ? i see by the date being fourteen days tomorrow that the court would need to have my witness statement by tomorrow which is not going to happen , so i am at a loss at what to do next .

[tony26]

Re: Lowell portfolio county court claim on statute barred debt

hi could someone tell me what i have to do to write a witness statement to the court i'm afraid i just don't understand
Thanks

[warwick65]

Re: Lowell portfolio county court claim on statute barred debt

Hi
A WS is just that, your statement where you 'put the flesh on the bones' of your defence. It is where you would tell the court what actions you have taken and provide the proof by way of exhibits . It also gives you a chance to lead the judge by the hand and say why he pr she should not uphold the claim
[MENTION=6]Amethyst[/MENTION] are there WS examples

- - - Updated - - -

I think this thread gives examples of the defence and the WS - I realise it is a long thread but might help

[warwick65]

Re: Lowell portfolio county court claim on statute barred debt

By the way- you should also be receiving a WS from Lowell where they will try to counter your defence.

The problem is sometimes they arrive on the day you have to serve yours so difficult to argue but for example if you have said its SB and when you do your WS without seeing their you could put something like

I believe this is time barred under S5 Limitations Act 1980 and therefore can not be enforced. If the claimant says it is not time barred they are request to provide details of the payment , the date, the source .......etc

[tony26]

Re: Lowell portfolio county court claim on statute barred debt

thanks warwick ,i've been busy typing out my witness statement and attached evidence letters , as i've emailed everything to the court ,i hope i'm not to late ! as the fourteen days is up today, according to my calculations, it's not that i couldn't be bothered to do it earlier , it's just that lowells not sending me any proof what so ever i didn't think they'd pay the £80 court hearing fee , and i thought it had just been struck out but i phoned the court today and amazingly they had paid it , so i want into panic stations ! , i've also sent the same email to lowells thats what it says i have to do in the court information , i've not had anything from lowells explaining anything about the case except letters saying that their continuing to pursue me for the money they state i owe , i can't see a judge awarding a ccj with no proof they might as well be asking me for a million pounds with no proof except my name and an ammount next to it ,or maybe i,'m wrong ? i hope not.