**STRUCK OUT!!** Lowell solicitors and ccj with Northampton County Court

[Roddaz77]

Re: Lowell solicitors and ccj with Northampton County Court

So I've sent off a cca request to Lowell and sent the cpr to the solicitors what do I do in mean time? Ring them and see what I can offer them as a settlement or wait ...

How do I 'defend' my corner even tho there is no defence I owe the money and how do I now deal with courts

If they accepted £1,200 will that avoid ccj process and be done with it then

Thank you again for the advice and help

[Kati]

Re: Lowell solicitors and ccj with Northampton County Court

Try to keep everything in writing!! If you've acknowledged the claim you've got 33 days from the issue date before your defence is due in ... so there's a bit of leeway on when you need to make an offer (or not as the case may be) xx

[Roddaz77]

Re: Lowell solicitors and ccj with Northampton County Court

Issue date was 25th March so got something like three weeks now.

Sorry What do you mean offer (or not as the case may be)

Sorry really new to all this stuff

[charitynjw]

Re: Lowell solicitors and ccj with Northampton County Court

So I've sent off a cca request to Lowell and sent the cpr to the solicitors what do I do in mean time? Ring them and see what I can offer them as a settlement or wait ...

How do I 'defend' my corner even tho there is no defence I owe the money and how do I now deal with courts

If they accepted £1,200 will that avoid ccj process and be done with it then

Thank you again for the advice and help

Try to keep everything in writing!! If you've acknowledged the claim you've got 33 days from the issue date before your defence is due in ... so there's a bit of leeway on when you need to make an offer (or not as the case may be) xx

IMHO

For the mo, the ball is in their court.
I would hold fire & see what they can come up with (if anything).

[Kati]

Re: Lowell solicitors and ccj with Northampton County Court

Issue date was 25th March so got something like three weeks now.

so ... your defence due date is - http://www.timeanddate.com/date/date...aw=&ad=33&rec=

From Friday, 25 March 2016
Added 33 days
Result: Wednesday, 27 April 2016

Sorry What do you mean offer (or not as the case may be)

Sorry really new to all this stuff

You can come to an agreement with them right up until court ... it might be worth seeing if they can come up with the things you've requested in the CCA and CPR letters, and having a think about it. If they do come up with compliant paperwork before the defence is due (and there's no guarantee they will) then you can offer payment. If they don't ... you could put in a defence based on non-compliance (see - http://legalbeagles.info/forums/show...t-Court-Claims) and see what they do xx

- - - Updated - - -

You can always come to a payment arrangement via a Tomlin (consent) order ... [MENTION=6]Amethyst[/MENTION] knows more about them (I've tagged her) xx

[Roddaz77]

Re: Lowell solicitors and ccj with Northampton County Court

Aww thank you so much I'll keep the thread up dated with the info once or if I get it.

When it comes towards the date for defence what do i do then? Defend myself on the money claim website or ring the courts?

I will also read up on this Tomlin order. Will they do an income and expenses thing to get what I can afford or will I be able to pay a £1 a week

I will leave it for now and see what they come up with and hopefully they won't have any paper work and also hopefully reduce it back to the original debt as I am annoyed about the increase in charges etc

My fault for trusting a cheater I suppose to make payments for the stuff she had off me

Oh well mistakes are learned from x

[Kafka]

Re: Lowell solicitors and ccj with Northampton County Court

Kati sums it up well.

As I stated earlier, I think your only hope here (other than an arrangement) is that they will fail on the procedures and not supply the requested documentation, or else supply documents that do not comply with the legal reuirements. Having said that, I think it unlikely the documentation will be poor given that its a quite a recent account, when the banks' documentation generally tightened up after the bank charges movement started about 10 years ago.

There really isn't much for you to do now - providing all the requests were done - other than wait to see what they provide. Your defence needs to be in in good time so watch the dates and we can then decide whether to challenge the procedures. the other thing you can do is to read up on a lot of other threads to see how these cases can unfold and how Lowell operate, though bear in mind that to some extent, each case is individual.

[Roddaz77]

Re: Lowell solicitors and ccj with Northampton County Court

Thank you

I guessed I had no leg to stand on really.
Let's hope they do cock up and go in my favour a little bit.

It was the 25th March 2016 they have on the claim form so when do you think would be my last day to then start panicking and submit a defence

I don't want a ccj I can't afford to have one on my records so I'll have to sell some stuff maybe beg and borrow too

[Kati]

Re: Lowell solicitors and ccj with Northampton County Court

It was the 25th March 2016 they have on the claim form so when do you think would be my last day to then start panicking and submit a defence

See my quote (in red) below:

so ... your defence due date is - http://www.timeanddate.com/date/date...aw=&ad=33&rec=
From Friday, 25 March 2016
Added 33 days
Result: Wednesday, 27 April 2016

[Roddaz77]

Re: Lowell solicitors and ccj with Northampton County Court

Thank you

[charitynjw]

Re: Lowell solicitors and ccj with Northampton County Court

If you have offered a 28-day extension (quite often included in template letters), & they agree to it in writing, it is your duty to inform the court. (Include a copy of their letter agreeing to it)

If not, follow the existing dates as per Kati's post (above).

[Noah]

Re: Lowell solicitors and ccj with Northampton County Court

Just to point out, if you follow the consent order as Kati suggested you will not get a cci registered however miss even one payment and they can get judgement.

Personally for an agreement that is relatively new I think they are likely to be able to produce a compliant agreement for the cca request however they may miss other bits out such as a DN

Even if the worst happens and you do get a CCJ , if you pay within 28 days it is not registered

Lots of options as others have pointed out

[Roddaz77]

Re: Lowell solicitors and ccj with Northampton County Court

What's a DN?
I do think they will be able to 'back them selves up' and not play ball by reducing the amount

I think really now that's what in hoping for that they will reduce it back to the original £1,200 as per the noddle report at default.

Looks like very added £400 in interest before it got to Lowell

Fingers crossed I can get them to reduce it as a final settlement

[Kafka]

Re: Lowell solicitors and ccj with Northampton County Court

What's a DN?
I do think they will be able to 'back them selves up' and not play ball by reducing the amount

I think really now that's what in hoping for that they will reduce it back to the original £1,200 as per the noddle report at default.

Looks like very added £400 in interest before it got to Lowell

Fingers crossed I can get them to reduce it as a final settlement

DN = Default Notice.

Its likely that some of the amount will be penalty charges added on for missing payments, at £12 a time, as well as interest on the outstanding balance over some time.

[Roddaz77]

Re: Lowell solicitors and ccj with Northampton County Court

What's the chances of asking them to take these off