**DISCONTINUED** Lowell CCJ Court Letter - Debt 2009

[Dragonswife]

Back in 2009, my ex left and emptied the bank account. I spoke to everyone I owed money to and agreed repayments with everyone except the mobile phone company who wouldn't entertain repayments unless it was in full.

Fastforward to 2016 and I received a letter from Lowell saying I owed for the phone bill, which I probably should have replied to, but didn't.

Yesterday I had a county court letter arrive asking for a CCJ in relation to the phone bill.

I contacted the national debt line who said it might be statute barred (I've had no contact since the back end of 2009, and have since changed my name - I don't get many letters in my old name).

The said that as it was already at the CCJ stage, it was too late to write to Lowell saying that I believe the debt is statute barred; I must now enter a defence and submit it to the court.

Unfortunately, all the free legal clinics are on holiday (they tend to be run by legal students) and I am unable to afford to sit down with a solicitor.

I'm not sure how to word the defence, I believe the debt is statute barred (it dates to 2009) and I have had no written acknowledgement with the original company to admit liability or make an offer of payment.

How though, do I say that without a judge saying "pay it, and some more costs too"?

Any help would be appreciated. I have 14 days to reply, and already I've spent Day 1 trying to get help - so I'm turning to the LB forum in the hope of assistance.

Many thanks

[Kati]

Re: Lowell CCJ Court Letter - Debt 2009

tagging [MENTION=55034]nemesis45[/MENTION] [MENTION=87380]Diana M[/MENTION]

[Dragonswife]

Re: Lowell CCJ Court Letter - Debt 2009

I'm in the wrong thread, I'm sorry

[nemesis45]

Re: Lowell CCJ Court Letter - Debt 2009

Back in 2009, my ex left and emptied the bank account. I spoke to everyone I owed money to and agreed repayments with everyone except the mobile phone company who wouldn't entertain repayments unless it was in full.

Fastforward to 2016 and I received a letter from Lowell saying I owed for the phone bill, which I probably should have replied to, but didn't.

Yesterday I had a county court letter arrive asking for a CCJ in relation to the phone bill.

I contacted the national debt line who said it might be statute barred (I've had no contact since the back end of 2009, and have since changed my name - I don't get many letters in my old name).

The said that as it was already at the CCJ stage, it was too late to write to Lowell saying that I believe the debt is statute barred; I must now enter a defence and submit it to the court.

Unfortunately, all the free legal clinics are on holiday (they tend to be run by legal students) and I am unable to afford to sit down with a solicitor.

I'm not sure how to word the defence, I believe the debt is statute barred (it dates to 2009) and I have had no written acknowledgement with the original company to admit liability or make an offer of payment.

How though, do I say that without a judge saying "pay it, and some more costs too"?

Any help would be appreciated. I have 14 days to reply, and already I've spent Day 1 trying to get help - so I'm turning to the LB forum in the hope of assistance.

Many thanks

Good evening,
You have received a " claim pack " via the Northampton County Court Business Centre, have you acknowledged service of the claim online at Money Claim Online instructions on the court forms? If not do so now.
NDL's advice is flawed if you are confident the alleged debt is statute barred this claim can be stopped before it goes much further.

nem

[Dragonswife]

Re: Lowell CCJ Court Letter - Debt 2009

Thank you for this help

I've completed the Acknowledgement of Service, and now I'm going to admit that I'm not sure "what next".

I understand that by completing the Acknowledgement, I've now extended the time I have to respond and defend the situation. However, I'm not sure how to actually "defend".

I do believe this relates to an issue from almost seven years ago, and after reading as much as I can find, it is now statute barred.

I'm sorry to be so persistent (and I will read more of the forums today when I get home from work)... what next?

Thank you

[Dragonswife]

Re: Lowell CCJ Court Letter - Debt 2009

I have an update, but still need assistance

I've received a letter from Lowell Solicitors, advising that legal proceedings have been issued, and asking me to contact them regarding arranging payment.

Can I now approach the solicitors to advise that I believe the whole thing to be statute barred, or do I have to submit the defence letter asking for evidence?

Also, if I have to send the letter (it's typed up and ready to go) do I need to send money to pay for the information?

Sorry, I'm worried that I'll leave it too late, but I'm also reluctant to call them and risk admitting something

[Kati]

Re: Lowell CCJ Court Letter - Debt 2009

I have an update, but still need assistance

I've received a letter from Lowell Solicitors, advising that legal proceedings have been issued, and asking me to contact them regarding arranging payment.

Can I now approach the solicitors to advise that I believe the whole thing to be statute barred, or do I have to submit the defence letter asking for evidence?

Also, if I have to send the letter (it's typed up and ready to go) do I need to send money to pay for the information?

Sorry, I'm worried that I'll leave it too late, but I'm also reluctant to call them and risk admitting something

OK ... so claim acknowledged online with intent to defend in full??
CCA and CPR requests printed and ready to send (CCA to claimant with £1 postal order, CPR to solicitors)??

Try to keep everything in writing (you have a paper trail then )

tagging [MENTION=55034]nemesis45[/MENTION] xx

[nemesis45]

Re: Lowell CCJ Court Letter - Debt 2009

OK ... so claim acknowledged online with intent to defend in full??
CCA and CPR requests printed and ready to send (CCA to claimant with £1 postal order, CPR to solicitors)??

Try to keep everything in writing (you have a paper trail then )

tagging @nemesis45 xx

Thank You [MENTION=49370]Kati[/MENTION]

nemxx

[nemesis45]

Re: Lowell CCJ Court Letter - Debt 2009

I have an update, but still need assistance

I've received a letter from Lowell Solicitors, advising that legal proceedings have been issued, and asking me to contact them regarding arranging payment.

Can I now approach the solicitors to advise that I believe the whole thing to be statute barred, or do I have to submit the defence letter asking for evidence?

Also, if I have to send the letter (it's typed up and ready to go) do I need to send money to pay for the information?

Sorry, I'm worried that I'll leave it too late, but I'm also reluctant to call them and risk admitting something

Good evening,

Have you actually received a Claim Pack from the Northampton County Court Business Centre or just a Lowell letter of claim?

nem

[Dragonswife]

Re: Lowell CCJ Court Letter - Debt 2009

OK ... so claim acknowledged online with intent to defend in full?? - yes, did that Friday morning
CCA and CPR requests printed and ready to send (CCA to claimant with £1 postal order, CPR to solicitors)?? - I'm not sure what the CCA / CPR request is
I copied this letter, filling in the XXX and taking out the bits in red - I've not yet posted it, as I need to call to the post office for a Postal Order, it will go tomorrow




Dear Sirs,

Claim Number: XXXXXX

Request for documents mentioned in a statement of case under CPR 31.14

On xx/xx/xxxx I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on XX XXXX 201X.



1. Agreement No xxxxx
2. Default Notice (do I need to add anything to these sections, or are the headings enough?)
3. Assignment Details
4. Formal Demand


In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I , as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, XX XXXX 201X.

I look forward to hearing from you.

Yours sincerely
Is this all I need to do for now?

[Dragonswife]

Re: Lowell CCJ Court Letter - Debt 2009

I've had a Claim Form which has the court business centre details, and the details of the claim - I presume this is what you mean?

I've followed the information on it, and acknowledged the claim online with the details on the letter.

I did take a photo of the header to post, but I'm not able to add the image (I'll keep trying)


I've also had a letter from Lowell Solicitors asking me to get in touch to discuss paymet of the outstanding balance, but I've not done anything with this yet as I don't know what track to follow

[nemesis45]

Re: Lowell CCJ Court Letter - Debt 2009

OK ... so claim acknowledged online with intent to defend in full?? - yes, did that Friday morning
CCA and CPR requests printed and ready to send (CCA to claimant with £1 postal order, CPR to solicitors)?? - I'm not sure what the CCA / CPR request is
I copied this letter, filling in the XXX and taking out the bits in red - I've not yet posted it, as I need to call to the post office for a Postal Order, it will go tomorrowDear Sirs,

Claim Number: XXXXXX

Request for documents mentioned in a statement of case under CPR 31.14

On xx/xx/xxxx I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on XX XXXX 201X.



1. Agreement No xxxxx
2. Default Notice (do I need to add anything to these sections, or are the headings enough?)
3. Assignment Details
4. Formal Demand


In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I , as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, XX XXXX 201X.

I look forward to hearing from you.

Yours sincerely
Is this all I need to do for now?

OK,

Are all the documents mentioned in your CPR31.14 actually mentioned in the POC?

The Document required in the CPR is the Notice of Assignment.
Is A Formal Demand mentioned in the PC?

nem

[Kati]

Re: Lowell CCJ Court Letter - Debt 2009

OK ... so claim acknowledged online with intent to defend in full?? - yes, did that Friday morning
CCA and CPR requests printed and ready to send (CCA to claimant with £1 postal order, CPR to solicitors)?? - I'm not sure what the CCA / CPR request is
I copied this letter, filling in the XXX and taking out the bits in red - I've not yet posted it, as I need to call to the post office for a Postal Order, it will go tomorrowDear Sirs,

Claim Number: XXXXXX

Request for documents mentioned in a statement of case under CPR 31.14

On xx/xx/xxxx I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on XX XXXX 201X.



1. Agreement No xxxxx
2. Default Notice (do I need to add anything to these sections, or are the headings enough?)
3. Assignment Details
4. Formal Demand


In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I , as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, XX XXXX 201X.

I look forward to hearing from you.

Yours sincerely
Is this all I need to do for now?

That's a CPR request ... no need for the postal order for that one (just send it recorded if poss so you have proof of receipt)

What was written on the claim form (left hand side) for the 'particulars'?? In a CPR letter you can ask for anything they mention on the claim form :nod:

CCA is not valid if this is a phone contract (:sorry: ... I should have read your first post) xx

- - - Updated - - -

I did take a photo of the header to post, but I'm not able to add the image (I'll keep trying)


I've also had a letter from Lowell Solicitors asking me to get in touch to discuss paymet of the outstanding balance, but I've not done anything with this yet as I don't know what track to follow

If you email them both to me (kati@legalbeagles.info) with either a link to this thread or telling me your username in the email I'll post them up xx

[Dragonswife]

Re: Lowell CCJ Court Letter - Debt 2009

The Particulars read:

1 The defendant entered into an agreement with Three Mobile, reference.....

2 The defendant failed to maintain the required payments and a default notice was served and not complied with (I don't remember a default notice, it's from 2009)

3 The Agreement was later assigned to the claimant on 16/12/2011 and notice given to the defendant (again, I have no idea if this is true)

4 Despite repeated request for payment the sum remains due (I receive, perhaps, 1 letter per year addressed to my previous name - usually junk mail which goes in the bin

Claimant claims
sum
interest


Hopefully, this helps.

I probably should have done something sooner, and now it's at the court stage I'm just a bit worried. I presume I need to ask for copies of the agreement, the default notice, and the assignment?

Thank you for taking time to help with this, I'd be lost without guidance

[nemesis45]

Re: Lowell CCJ Court Letter - Debt 2009

Dragonswife,

Can you please type in the Exact word for word Particulars of Claim.

Dealing with Lowell Solicitors POC's can be very odd.

nem