**DISCONTINUED** lowell Portfolio 1 ltd v Danny Butts

[sam8585]

Re: lowell Portfolio 1 ltd v Danny Butts

Hi Danny, how is the case going? only ask as mine is similar.

Sam

[charitynjw]

Re: lowell Portfolio 1 ltd v Danny Butts

Hi Danny, how is the case going? only ask as mine is similar.

Sam

Hi Sam

Usually, once a defence has been accepted by the court, the court sends details to the Claimant & asks for a response within 28 days.
You could 'phone the court to see if this is the case with your claim.

[sam8585]

Re: lowell Portfolio 1 ltd v Danny Butts

Thanks Charity, i was just wondering the timeframes if these things so from when defence has been submitted how long does it take if you have potentially got to go to court? i presume a few months?

Sam

[charitynjw]

Re: lowell Portfolio 1 ltd v Danny Butts

Thanks Charity, i was just wondering the timeframes if these things so from when defence has been submitted how long does it take if you have potentially got to go to court? i presume a few months?

Sam

It varies, Sam.
6 to 9 months from the issue of a claim is not unusual; I've seen a lot longer, depending on the particular circumstances.

[Danny Butts]

Re: lowell Portfolio 1 ltd v Danny Butts

Hello again,

Hope everyone had a good Christmas & New Year.

I'm disappointed it can take so long to reply to a defense. My own records , and something that Lowells let slip in their reply re the CPR shows that this becomes SB in less than a fortnight.

[charitynjw]

Re: lowell Portfolio 1 ltd v Danny Butts

Hello again,

Hope everyone had a good Christmas & New Year.

I'm disappointed it can take so long to reply to a defense. My own records , and something that Lowells let slip in their reply re the CPR shows that this becomes SB in less than a fortnight.

If the court claim has been made within the Limitation Act timeframe (normally 6 years from the cause of action for money claims) the statute-barred clock 'pauses'.

[Danny Butts]

Re: lowell Portfolio 1 ltd v Danny Butts

If the court claim has been made within the Limitation Act timeframe (normally 6 years from the cause of action for money claims) the statute-barred clock 'pauses'.

why does the law have to be so legal about everything

I've just had a bit of a poke around other threads, and think it is worth mentioning that I can prove the original debt to the original creditor was "in dispute" when it was sold on.
I have an email chain and the creditors final reply stating they would not accept my offer , which is dated just a few days before Lowell says the debt was originally put into default. This offer was far higher than comms comps usually accept today in cases of theft.

However, these emails would necessarily show that I was aware of the debt.

[Danny Butts]

Re: lowell Portfolio 1 ltd v Danny Butts

Hello All,

I got the direction questionnaire from Lowell last friday and have been expecting my copy sent from the court but nothing so far.

Should I be worried about it being delayed?

I cant log on to MCOL because the problems with passwords on Government gateway.

(O/T but I've just sent off a change of address on the old paper form to DVLA
because its was actually less of a PITA and probably quicker)

[samsamsam]

Re: lowell Portfolio 1 ltd v Danny Butts

Hi

I have a similar case and I'm hoping someone could help.

I had a CCJ from Lowells set aside on the grounds that it was sent to the wrong address. This is also true of all previous documentation about the debt and the associated accruing interest. They were ordered to pay my court (N244 application) fees of £255 and I received a cheque in the post.

Following this - I filled in a directions questionnaire and I have now received a trial date. Is this another CCJ? or not?

The debt is only £700. Supposedly from an overdraft debt of under £200 accrued 5 years ago however I'm yet to see any evidence of the original debt.

I could afford to pay the debt if necessary however my main concern is that I do not want a CCJ on my record.

What would you recommend I do?

Any help would be greatly greatly appreciated.

[Danny Butts]

Re: lowell Portfolio 1 ltd v Danny Butts

Hello Sam,

Sorry I'm no expert in this an here asking for advice myself.

I think it would be better to start your own thread with the details laid out, rather than half way through a thread where it could be missed or mistaken for a reply.

Hopefully someone will be able to help you.

good luck.

[charitynjw]

Re: lowell Portfolio 1 ltd v Danny Butts

Hello Sam,

Sorry I'm no expert in this an here asking for advice myself.

I think it would be better to start your own thread with the details laid out, rather than half way through a thread where it could be missed or mistaken for a reply.

Hopefully someone will be able to help you.

good luck.

Already has.
http://www.legalbeagles.info/forums/...373#post702373

[Danny Butts]

Re: lowell Portfolio 1 ltd v Danny Butts

I might be changing the thread title to ******DISCONTINUED*******

However, all I've received is a notice of discontinuance from Lowells which isnt signed by a judge.

If this is a "tactic" by Lowells I think its a pretty stupid one, but I'm not counting my chickens until I get the notice from the court.

The earlier correspondence from Lowells threw up an interesting anomaly between the date of default on my credit file and the date I "defaulted" that I would like some advice on, as it is a good 6 months in my favour. Is there a better sub forum for asking about this?

[MIKE770]

Re: lowell Portfolio 1 ltd v Danny Butts

take it as is - ring the courts in 5 days to confirm

- - - Updated - - -

can upload a redacted copy of notice received on here

[Amethyst]

Re: lowell Portfolio 1 ltd v Danny Butts

It won't be signed by the judge as it will be the NOD that they submit to the court. Does it look like this - http://legalbeagles.info/forums/atta...3&d=1485167068 ?

Should be it for this claim then, but as Mike says, give the court a call in a few days ( so they can catch up on their paperwork) to treble check it's all sorted xxx

[Danny Butts]

Re: lowell Portfolio 1 ltd v Danny Butts

Hi Amethyst (and Mike)

Yes it looks exactly like that , other than mine was signed by lowells "complex litigation specialist" which makes me feel somehow special.

If an earlier letter from lowells clearly states "the last payment on the account was 10/01/2011...and the account was defaulted and registered 10/10/2011"

And there is no record of contact from that date...

1: Can I safely assume the alleged debt became statute barred 10/01/2017 ?
2: Does this give me reason to contact either Lowells (safely as SB) or the referencing agencies and ask/require them to remove the default as of 10/02/2017 (ie: 1 month after the last payment on an account that is paid monthly) ?

I'll happily move these questions to the DCA forum if that would be advisable.