Wife just received CCJ court claim from Lowell

[Seasider1956]

Re: Wife just received CCJ court claim from Lowell

What's MCOL Warwick

[Seasider1956]

Re: Wife just received CCJ court claim from Lowell

Sorry Warwick just sussed what it is and registered, only says when claim issued, and when defence received nothing more, wonder how Lowell received a DQ then saying allocated to small claims track!

Regards Bob.

[Diana M]

Re: Wife just received CCJ court claim from Lowell

They have just sent a letter today saying the debt is not Statute Barred, and that we were sent a default notice 3 days before the debt was assigned to them, which is garbage as we never received a default at all from Shop direct.

Have you sent a Subject Access Request to the original creditor? That will help to clear up Lowell's assertion that your wife was sent a Default Notice three days before the assignment.

Check the 'Transaction Log' you should get with your SAR response, because 'if it isn't in the notes it didn't happen' as they say

If the Transaction Log says a DN was issued/served also check to see if it mentions the remedy date because that may be relevant to any Statute Barred issue.

They're also possibly missing the point that a DN gives the consumer an opportunity to remedy the situation within a specific number of days. If the creditor 'defaults' you and terminates the account and assigns it to a debt purchaser before that remedy date then they will have a problem in court.

They can't have it both ways.

Di

[Diana M]

Re: Wife just received CCJ court claim from Lowell

wonder how Lowell received a DQ then saying allocated to small claims track!

The first image you uploaded in post # 23 is a letter from Lowells saying that they've enclosed a copy of the DQ which they have lodged with the court.

In other words they drafted it and sent it to the court not the other way round.

Call the court and ask them if they've sent a DQ to your wife yet in case it's got lost in the post.

It's more likely that they haven't done it yet.

Di

[Seasider1956]

Re: Wife just received CCJ court claim from Lowell

HI Diana M

Never did that but will do now when I find the address for Shop Direct.

Thanks very much for the reply.

Regards Bob.

[Seasider1956]

Re: Wife just received CCJ court claim from Lowell

The first image you uploaded in post # 23 is a letter from Lowells saying that they've enclosed a copy of the DQ which they have lodged with the court.

In other words they drafted it and sent it to the court not the other way round.

Call the court and ask them if they've sent a DQ to your wife yet in case it's got lost in the post.

It's more likely that they haven't done it yet.

Di

Wife phoned earlier today, and they said not been sent out to us, as they are waiting to see if the claimant proceeds.

Wife says they are not very helpful.