Help with Lowell solicitors trying to issue a CCJ on a statute barred account

[Lotty]

Hi Beagles

I am new and really need a little advice!

I had an account with shop direct in 2010 and due to redundancy became unable to repay the debt. In February this year, I received a letter of claim from Lowell, with a balance of £1165.01. Silly I ignored it as I could not remember this debt, 2 children later and baby brain! the

0n the 13/3/17 I received a notice of claim now the balance was £1408.21. I also received the claim form from county court business centre. (22/03/17) I then found the template online for the response, I do not acknowledge the debt ect.. asking them to supply all the signed credit agreement and statements ect...

A month later they sent the unsigned credit agreement, a statement from shop direct group, last payment dated 22/11/10, says the default date was 07/07/11 but no proof of the default?!? and the agent details selling on to Lowell 11/07/11. I can scan these in if it will help?!?

20/05/17, I sent a reply to Lowell stating that i do not admit liability for the claim and quoted both the limitations act 1980 and the consumer credit sourcebook.

I then sent all the documents as a defence to the court via the defence pack on money portal.

I have had a letter today from Lowell saying that the evidence they have provided provides sufficient evidence the account is not statute barred!

I am now looking for advice of where to go next! Sorry for my long post but I am worried!

Looking forward to some advice! Thanks in advance.

Charlotte

[charitynjw]

Re: Help with Lowell solicitors trying to issue a CCJ on a statute barred account

Hi Charlotte, welcome to LB.

What is the state of play with the court claim?

[Lotty]

Re: Help with Lowell solicitors trying to issue a CCJ on a statute barred account

Thanks for the reply and welcome Charitynjw

Well I have sent my defence in and not heard any more from the court, this was last week. I am guessing the court would have told Lowell and that is why I had a reply?

[charitynjw]

Re: Help with Lowell solicitors trying to issue a CCJ on a statute barred account

You're welcome.

Ok, what types of letters/requests have you sent & to whom? (CCA/CPR/SAR etc)

[Lotty]

Re: Help with Lowell solicitors trying to issue a CCJ on a statute barred account

I replied to the CC saying I intend to defend my case. I then last week after receiving the evidence from Lowell wrote a letter of defence and copied all of the documents and letters I have sent them.

Lowell - I sent the initial I have no knowledge of the debt letter found online (I can email this)
- I sent the letter stating the debt is statute barred from the evidence provided under the limitations act. (I can email this too)

[charitynjw]

Re: Help with Lowell solicitors trying to issue a CCJ on a statute barred account

Ok

Send a CCA request + £1 fee to Lowells, pronto.
Use the Claimant's name & address per the court claim form.

A CPR 31.14 request should be sent to the solicitors.
If you tell us verbatim the Particulars of Claim, we can give you an idea of what to ask for.

A SAR +£10 fee should be sent to Shop Direct.

If you look at the top of this thread, in the blue bit is a link to 'Court Claim'.
You will find templates for all the requests there in the green box, top of that link.

[Lotty]

Re: Help with Lowell solicitors trying to issue a CCJ on a statute barred account

I have everything from them bar the default notice, please can I pm you the copies of what I have? I am just about to do childrens dinner then I can forward you everything Thanks soooooo much for your help!

[charitynjw]

Re: Help with Lowell solicitors trying to issue a CCJ on a statute barred account

I have everything from them bar the default notice, please can I pm you the copies of what I have? I am just about to do childrens dinner then I can forward you everything Thanks soooooo much for your help!

Sending an official CCA request is important.
If they do not comply, or if they send non-compliant documentation, a CCA request will protect your legal position.

[Lotty]

Re: Help with Lowell solicitors trying to issue a CCJ on a statute barred account

Hello, back again with progress! right I am now going to court on the 13th November and I have to prepare! help! I have all the papers now from Lowell, I can post a gallery of letters if this is allowed!

The last payment made to Littlewoods was November 2010, I did not hear from Lowell until March 2017. They bought the debt 2011. They are saying this is the cause of action. I have spoken to a solicitor and they can't give advice unless I pay £220 but as the debt is only a little more I can't really see what I would gain?!? but he did say the cause of action is the last date of the payment made to littlewoods.

How would I go about writing this all down professionally enough not to look silly in court?

Any advice would be great!

Thanks in advance.

[warwick65]

Re: Help with Lowell solicitors trying to issue a CCJ on a statute barred account

I think the solicitor is very much over simplifying things but at the same time the COA is not the date Lowell bought it.

It is a complicated area but at best, if you were up to date with payments and the account hadn't been defaulted the COA is the date the first missed payment was due . If you had already defaulted and making payments then yes you can use the date of last payment.

There is an argument that the default remedy date is the actual COA

Did you ever send the SAR to shop direct - that would have details of when the DN was sent out

[Lotty]

Re: Help with Lowell solicitors trying to issue a CCJ on a statute barred account

Thank you for the reply.

I did contact shop direct but as it was over 6 years ago they do not have a legal requirement to keep customer information.

The only information I have is from Lowell, a screen dump and a statement of account, showing payment history. The terms and conditions do not have anything about defaults or other payment issues.

[warwick65]

Re: Help with Lowell solicitors trying to issue a CCJ on a statute barred account

Thank you for the reply.

I did contact shop direct but as it was over 6 years ago they do not have a legal requirement to keep customer information.

The only information I have is from Lowell, a screen dump and a statement of account, showing payment history. The terms and conditions do not have anything about defaults or other payment issues.

Did you send a formal SAR with the fee and get a letter back saying they did not hold any details?

That might be useful then if Lowell recon a DN and you could legitimately ask where it came from as SD have no records

[Lotty]

Re: Help with Lowell solicitors trying to issue a CCJ on a statute barred account

After this message [MENTION=98117]warwick65[/MENTION] I sent the SAR to shop direct, they just returned THIS week saying it would take 40 days to provide the documentation, the court date is the 13th November, I need to get everything in 2 weeks befor to the court and the claimant. I called the court and they said yes I could postpone but it would cost me £250, I called the claiment and they were as helpful as a chocolate fireguard! I called shop direct and they gave me a different default date than the one that Lowell have provided. If I set off everything to Shop Direct to get the paperwork I really don't think it would arrive on time as the adviser said there is a back up at present.

I just have to go with what I have at which is what Lowell have provided under the SAR I sent them. I have attached them so you can see, they are sending a paralegal to court, I am going to go myself but due to the amount on the claim it would not be worth the £250ph a solicitor would cost me.

I would love to know your thoughts.

Thanks

Lotty

[Lotty]

Re: Help with Lowell solicitors trying to issue a CCJ on a statute barred account

After this message @warwick65 I sent the SAR to shop direct, they just returned THIS week saying it would take 40 days to provide the documentation, the court date is the 13th November, I need to get everything in 2 weeks befor to the court and the claimant. I called the court and they said yes I could postpone but it would cost me £250, I called the claiment and they were as helpful as a chocolate fireguard! I called shop direct and they gave me a different default date than the one that Lowell have provided. If I set off everything to Shop Direct to get the paperwork I really don't think it would arrive on time as the adviser said there is a back up at present.

I just have to go with what I have at which is what Lowell have provided under the SAR I sent them. I have attached them so you can see, they are sending a paralegal to court, I am going to go myself but due to the amount on the claim it would not be worth the £250ph a solicitor would cost me.

I would love to know your thoughts.

Thanks

Lotty

Can anyone help with my defence please? Thanks in advance