County Court Letter from Lowell Portfolio addressed to maiden name

[warwick65]

Re: County Court Letter from Lowell Portfolio addressed to maiden name

I would enter your defence online if you can via MCOL and yes technically you should also send a copy to the solicitors but maybe you could do this by email ( possibly with a second class postage -proof of posting) as well

[chil]

Re: County Court Letter from Lowell Portfolio addressed to maiden name

I would enter your defence online if you can via MCOL and yes technically you should also send a copy to the solicitors but maybe you could do this by email ( possibly with a second class postage -proof of posting) as well

Sorry to be a pain. So, the CPR letter goes to both the court and Lowells?

[MIKE770]

Re: County Court Letter from Lowell Portfolio addressed to maiden name

CPR to the solicitors only Recorded delivery keep copy receipt with your copy of the request

[warwick65]

Re: County Court Letter from Lowell Portfolio addressed to maiden name

Sorry I was confused (easy done) but you had been asking about your defence

Yes as Mike says CPR goes to solicitor

If not already sent CCA request to the claimant ( listed on the claim form)

SAR to the original creditor

[chil]

Re: County Court Letter from Lowell Portfolio addressed to maiden name

Sorry I was confused (easy done) but you had been asking about your defence

Yes as Mike says CPR goes to solicitor

If not already sent CCA request to the claimant ( listed on the claim form)

SAR to the original creditor

Thanks for the replies. I wasn't going to send a CCA as the only thing that it could be that is related to a Lloyd's account is an overdraft. Am I right in just sending the CPR?

[warwick65]

Re: County Court Letter from Lowell Portfolio addressed to maiden name

Hi

Well looking at the claim form they say it was a regulated agreement and was defaulted which does suggest some form of loan or credit card

I personally would therefore send a CCA request but be generic and say this is a request under S77-79 CCA

It may be they haven't got a clue what the claim is actually for

I would also send the SAR

As always I am open to others opinions
[MENTION=6]Amethyst[/MENTION] [MENTION=87380]Diana M[/MENTION] [MENTION=551]pt2537[/MENTION] [MENTION=5553]charitynjw[/MENTION] [MENTION=3599]MIKE770[/MENTION]

[chil]

Re: County Court Letter from Lowell Portfolio addressed to maiden name

Hi

Well looking at the claim form they say it was a regulated agreement and was defaulted which does suggest some form of loan or credit card

I personally would therefore send a CCA request but be generic and say this is a request under S77-79 CCA

It may be they haven't got a clue what the claim is actually for

I would also send the SAR

As always I am open to others opinions
[MENTION=6]Amethyst[/MENTION] [MENTION=87380]Diana M[/MENTION] [MENTION=551]pt2537[/MENTION] [MENTION=5553]charitynjw[/MENTION] [MENTION=3599]MIKE770[/MENTION]

Thank you so much, I'll get on it asap.

[MIKE770]

Re: County Court Letter from Lowell Portfolio addressed to maiden name

CCA Request

| SAR (Subject access request send to originator Recorded delivery attach receipt to copy of request and file.

[warwick65]

Re: County Court Letter from Lowell Portfolio addressed to maiden name

There is always the possibility the account belongs to someone else with the same name as your wife and equally she may have forgotten something - 8 years is a long time. There is no start date on the claim form so they might try to reconstitute an agreement. Wouldn't it be funny if they did it either after you got married ( using her maiden name) or using her maiden name at your current address ( I assume there was a point when you did not live together)

Just as an example - in 2012 I sent prove it letters to all of my ex's creditors and some of then came back with reconstituted agreements giving her address then but with a date when I know she lived elsewhere when the account was opened - needless they were told to go do one and there was no money in the estate

[Diana M]

Re: County Court Letter from Lowell Portfolio addressed to maiden name

we have no idea what this amount is for but we know that it must be over 7 years ago as that is when her name changed.

I worry that you are relying on the name change too much.

I'm not alone in that thought >

the fact they are in your wife's maiden name is irrelevant

This claim is not against you it's against someone else (your wife) so it's difficult to give accurate advice without her involvement since you suggest that the account was opened and operative before you married.

Di

[Diana M]

Re: County Court Letter from Lowell Portfolio addressed to maiden name

looking at the claim form they say it was a regulated agreement and was defaulted which does suggest some form of loan or credit card

Overdraft facilities which were renewed annually after 2012 (which they should have been) are regulated by s 78 CCA.

Di

[chil]

Re: County Court Letter from Lowell Portfolio addressed to maiden name

I have done the CPR letter, could someone check it for me please?

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Thanks in advance

[chil]

Re: County Court Letter from Lowell Portfolio addressed to maiden name

And the CCA

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[charitynjw]

Re: County Court Letter from Lowell Portfolio addressed to maiden name

Imho I think that first one needs looking at.
Esp the underlined reference.

[warwick65]

Re: County Court Letter from Lowell Portfolio addressed to maiden name

Hi

As Charity says the first one does need looking at as does the recipient

Cpr31.14 requests go to the solicitors named on the claim form

It is the S77-79 requests that go to the creditor