*** DISCONTINUED**** Lowell Portfolio 1 LTD, BW Legal court form

[maestro]

Hi All.

I had a unsecured 7k loan with HFC in 2006. In 2007 I lost my job, my flat, and my father was murdered (Tough year). I basicly quit life and didnt pay for anything.

I've since moved address, and not received anything regarding this dept (last payment was summer 2007 but not sure of exact date).
I received a letter from Lowell/BW legal a couple weeks ago which I didnt respond to. This morning BW legal sent me a county court claim form.

I signed up to Noddle to check my credit and found a default placed on my credit file on 30/11/2011. It also states the Account state date was 02/05/2006 which I assumed would make the dept Statute bar, but not totally sure.

I have just finished my MCOL acknowlegment and not sure what to do next.

Any advice would be much appreciated

Many thanks

[MIKE770]

Re: Lowell Portfolio 1 LTD, BW Legal court form, need help and advice please

First Steps

- - - Updated - - -

CCA Request || CPR 31.14 Request |

do you live in England/Wales?

who was the original alledged debt with before sold off? Ah!! HFC (HSBC)

[MIKE770]

Re: Lowell Portfolio 1 LTD, BW Legal court form, need help and advice please

[MENTION=87380]Diana M[/MENTION]?

[Diana M]

Re: Lowell Portfolio 1 LTD, BW Legal court form, need help and advice please

A quick question. Can you remember how long the loan would have run for if it had continued to its expiry date?

If your last payment was in 2007 there must be a reason why the loan wasn't defaulted until 2011 (four years later). Total incompetence by the lender could be one reason but it would be useful to know the logic which was applied at the time in case it was flawed.

Di

[MIKE770]

Re: Lowell Portfolio 1 LTD, BW Legal court form, need help and advice please

if not known a SAR requet would be useful???? maybe trouble is time limits, or go into HSBC and give detail and ask for last payment and date??

[maestro]

Re: Lowell Portfolio 1 LTD, BW Legal court form, need help and advice please

First Steps

- - - Updated - - -

CCA Request || CPR 31.14 Request |

do you live in England/Wales?

who was the original alledged debt with before sold off? Ah!! HFC (HSBC)

Im Currently writing my CCA and CPR. I live in England. Origial dept was with HFC.

- - - Updated - - -

A quick question. Can you remember how long the loan would have run for if it had continued to its expiry date?

If your last payment was in 2007 there must be a reason why the loan wasn't defaulted until 2011 (four years later). Total incompetence by the lender could be one reason but it would be useful to know the logic which was applied at the time in case it was flawed.

Di

I think the loan was for 60 months but cant be sure. I was looking through threads regarding HFC/Lowell and the default date similar cases all seem to be the same a mine... odd.

[Diana M]

Re: Lowell Portfolio 1 LTD, BW Legal court form, need help and advice please

I think the loan was for 60 months but cant be sure. I was looking through threads regarding HFC/Lowell and the default date similar cases all seem to be the same a mine

Lowell tend to argue that the Cause of Action (impacting on the Statute Barred date) is when an account is defaulted.

I'm not saying they're right, I'm saying that's what they argue

If your loan started in 2006 and was for five years then that could be why it wasn't defaulted until 2011.

Post up/type out the Particulars of Claim removing anything which could identify you. Let's see what they're claiming and why they think they have the right to claim it.

Your CPR 31.14 Request should reflect the documents which are specifically mentioned in the POC where I expect the solicitor has skilfully avoiding stating any.

Di

[maestro]

Re: Lowell Portfolio 1 LTD, BW Legal court form, need help and advice please

Lowell tend to argue that the Cause of Action (impacting on the Statute Barred date) is when an account is defaulted.

I'm not saying they're right, I'm saying that's what they argue

If your loan started in 2006 and was for five years then that could be why it wasn't defaulted until 2011.

Post up/type out the Particulars of Claim removing anything which could identify you. Let's see what they're claiming and why they think they have the right to claim it.

Your CPR 31.14 Request should reflect the documents which are specifically mentioned in the POC where I expect the solicitor has skilfully avoiding stating any.

Di

Particulars of Claim:
The Claimants claim is for the sum of £6700 being monies due from the Defendant to the Claimant under a Financial Services agreement regulated by the Comsumer Credit Act 1974 between the defendant and HFC Bank Limited under account ref XXXXXX and assigned to the claimant on 2x/xx/2011 notice of which has been given to the defendant.
The defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with.
The claim also includes statutory interest pursant of section 69 of the county courts act 1984 at a rate of 8.00% per annum (a daily rate of £1.40 from the date of assignment to xx/xx/2012 being an amount of £540.

[MIKE770]

Re: Lowell Portfolio 1 LTD, BW Legal court form, need help and advice please

1, states regulated agreement.

2. Default notice.

3. Assignment notice.

= Items mentioned for CPR31.14

[maestro]

Re: Lowell Portfolio 1 LTD, BW Legal court form, need help and advice please

1, states regulated agreement.

2. Default notice.

3. Assignment notice.

= Items mentioned for CPR31.14

Thanks Mike.
This is what I have written based on the template:

Dear Sir/Madam,

Claim Number: XXXXX

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

On 13/05/2017 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. (im not sure what date to write here?)


Documents required for inspection are:
1. Agreement
2. Default Notice
3. Assignment Notice


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, 13 May 2017.
(Do I need to keep this in?)

I look forward to hearing from you.

Yours sincerely

[charitynjw]

Re: Lowell Portfolio 1 LTD, BW Legal court form, need help and advice please

(im not sure what date to write here?)

33 days from the claim issue date.

(Do I need to keep this in?)

I would.
No fee needed with this copy; it's just for the sol's information purposes.

[maestro]

Re: Lowell Portfolio 1 LTD, BW Legal court form, need help and advice please

Many thanks for all your advice given. I'm off to the post office to get these letters out.
I will try to keep you all informed on events.

[MIKE770]

Re: Lowell Portfolio 1 LTD, BW Legal court form, need help and advice please

Recorded Delivery keep copies

[maestro]

Re: Lowell Portfolio 1 LTD, BW Legal court form, need help and advice please

Hi all,
I got my notification that both BW Legal and Lowell have (sign for) recieved my CCA and CPR letters this morning.
Would anyone know what time lines I am working with?

Current Timeline:
I recieved the cliam form on the (saturday) 13th May (the letter was dated the 11th)
I acknowleged this via MCOL on the 13th.
I sent CCA and CPR on 13th which they now have.

Many thanks

[charitynjw]

Re: Lowell Portfolio 1 LTD, BW Legal court form, need help and advice please

Current Timeline:
I recieved the cliam form on the (saturday) 13th May (the letter was dated the 11th)
Defence due 13th June (4pm latest) unless they agree to the 28 day extension. (See CPR letter) If they do, you (Defendant) has to inform the court.
I acknowleged this via MCOL on the 13th.
I sent CCA
They have 14 working days to comply, after which they are not able to enforce the agreement until they do comply.
and CPR
Either they will or they won't cough up, or possibly will do so only in part. If the latter 2 applies, it should form part of your defence.
on 13th which they now have.

Many thanks

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