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

[nemesis45]

Re: Lowell CCJ Court Letter - Debt 2009

Good morning,

I've used the template, and filled in the bits that I think are correct. Of course, there are parts of the template that don't apply to me, but I'm not sure which are/aren't correct - so I've used it all and left little comments to raise queries.
@Kati - am I OK to email it to you to add to the thread please?
@nemesis45 - thank you for your help so far, I think I'm almost there, but without your guidance I'd have been floundering even more than I think I am

Ok I would like to read through the defence and compare it to the particulars of claim then come back to you.

nem

[Dragonswife]

Re: Lowell CCJ Court Letter - Debt 2009

Ok I would like to read through the defence and compare it to the particulars of claim then come back to you.

nem

Hi [MENTION=55034]nemesis45[/MENTION], I don't suppose you had a chance to look over the defence?

I am sorry to ask, but I was hoping that I might get it submitted this week (I believe I only have about 7 days left to submit and my 28 days are up)

Many thanks

[nemesis45]

Re: Lowell CCJ Court Letter - Debt 2009

....

Good morning

Header: On date I received claim No............ via the Northampton County Court Business centre.

I 've edited in a couple of suggestions re the POC on the mobile account.

I think it's good to go.

nem

[Dragonswife]

Re: Lowell CCJ Court Letter - Debt 2009

Good morning

Header: On date I received claim No............ via the Northampton County Court Business centre.

I 've edited in a couple of suggestions re the POC on the mobile account.

I think it's good to go.

nem

Thank you [MENTION=55034]nemesis45[/MENTION], I can't find where you've edited (sorry, am I looking in the wrong place completely)?

I did download the original defence that [MENTION=49370]Kati[/MENTION] very kindly uploaded, but there doesn't seem to be any amendments... am I just losing the plot?

[nemesis45]

Re: Lowell CCJ Court Letter - Debt 2009

Thank you @nemesis45, I can't find where you've edited (sorry, am I looking in the wrong place completely)?

I did download the original defence that @Kati very kindly uploaded, but there doesn't seem to be any amendments... am I just losing the plot?

Hi np you're not losing the plot I down loaded and edited and saved the defence and reposted but my post has disappeared.
Will try again asap.

nem

[Dragonswife]

Re: Lowell CCJ Court Letter - Debt 2009

Good morning
[MENTION=55034]nemesis45[/MENTION] did you manage to upload the amended file?

I know you're busy, so I didn't like to push

Manyt thanks

[Dragonswife]

Re: Lowell CCJ Court Letter - Debt 2009

I submitted my defence, and had a letter today from the court saying it had been received and a copy sent to the claimant's solicitors.

They have 28 days to respond

[nemesis45]

Re: Lowell CCJ Court Letter - Debt 2009

Good morning
@nemesis45 did you manage to upload the amended file?

I know you're busy, so I didn't like to push

Manyt thanks

Problems with my browser not loading mail to the inbox will post amendments asap.

nem

[nemesis45]

Re: Lowell CCJ Court Letter - Debt 2009

Hi,
For some reason your attachment is allowing me to edit but will not save the amendments.

Do you have time to type it in on the forum then I will amend immediately.

nem

[Dragonswife]

Re: Lowell CCJ Court Letter - Debt 2009

Hi,
For some reason your attachment is allowing me to edit but will not save the amendments.

Do you have time to type it in on the forum then I will amend immediately.

nem

I have just come back from a few days away - and I've already submitted a defence because I'd run out of time. I checked the dates, and was already at day 30 when I looked.

I did think the defence was submitted too late, but as I've had a letter from court saying they've received it and accepted it, I think someone somewhere must like me!

Thank you [MENTION=55034]nemesis45[/MENTION] for your help so far - I'll let you know what happens next.

[Diana M]

Re: Lowell CCJ Court Letter - Debt 2009

I've already submitted a defence because I'd run out of time. I checked the dates, and was already at day 30 when I looked.

I did think the defence was submitted too late, but as I've had a letter from court saying they've received it and accepted it

* phew *

Di

[nemesis45]

Re: Lowell CCJ Court Letter - Debt 2009

I have just come back from a few days away - and I've already submitted a defence because I'd run out of time. I checked the dates, and was already at day 30 when I looked.

I did think the defence was submitted too late, but as I've had a letter from court saying they've received it and accepted it, I think someone somewhere must like me!

Thank you @nemesis45 for your help so far - I'll let you know what happens next.

Glad that the defence has been accepted!! I think the backlog in the NCCBC has help here.

nem

[Dragonswife]

Re: Lowell CCJ Court Letter - Debt 2009

Update!

A Very odd one - I've had a letter from Lowell regarding Mediation.

The letter (I'll scan tomorrow) reads
"please find enclosed a copy of the Directions Questionnaire which we have now lodged with the court. You should have received a copy fo the same for review and completion. The court will use the information contained in both our copy and yurs to make decisions about how the case should proceed."

The attachment is regarding Small Claims Track.

Should I be worried about this, as I've had a notification from the court stating my defence has been accepted by the court.

Do I need to do anything now? It worries me that I've had one letter from the court, and then a letter from Lowell saying I should have had something from court (I haven't) regarding mediation?

I'll scan the whole thing tomorrow at work, and let you have a look.

Any thoughts?
[MENTION=55034]nemesis45[/MENTION] sorry to bother you again, but is this something that I need to be concerned about?

Rachel

[Diana M]

Re: Lowell CCJ Court Letter - Debt 2009

I've not been following your thread but from what you say Lowells have sent you a copy of their Directions Questionnaire.

If that is the case it means that they have informed the court that they intend to continue with the proceedings.

The court will then send you a DQ to complete and file by the deadline stated on it.

Perhaps your reference to "Mediation" refers to Lowells having ticked the 'Yes' box for Mediation on the form?

I've looked at the Defence you uploaded in post # 30 and I can see no mention of the debt being statute barred when you seemed so certain that it was since you said the last payment was in 2009. Did you discover something which made you change your mind?

If a legal argument isn't pleaded in the Defence then you may not be able to argue that issue in court at a later stage.

Di

[Dragonswife]

Re: Lowell CCJ Court Letter - Debt 2009

I didn't get a chance to scan my letter, but I think you could be correct about it being mediation.

The odd thing is that it arrived after my defence was accepted, and I've had nothing further from the court (even though the lowell letter says I should have).

This is the defence I actually filed

On 25th July 2016 I received claim No XXXXXX via the Northampton
County Court Business centre

The Claimant states the claim relates to an agreement with Three
Mobile, but without further details the Defendant is unable to
identify such an account within his own records.

The particulars of claim state that the account was
assigned/purchased by Lowell Portfolio Ltd on 16th November 2011
and notice served pursuant to the Law of Property Act 1925. The
Defendant does not recall receiving notice of this assignment.

In respect of matters, which the Defendant is able to plead to, on
the 2nd August 2016 the Defendant sent “recorded delivery”
requests for information to the Claimant. The Defendant sent a
request for inspection of documents on the 2nd August 2016 to
Lowell Portfolio mentioned in their statement of case as allowed
under CPR 31.14. The Claimant has not replied to this letter.

The Claimant has failed to reply and has not disclosed any
documents relating to their claim to the Defendant.

The Claimant has failed to provide any information relating to
this debt.

Therefore, the Claimants Claim should be dismissed



Signed