Hello Legal Beagles. Ref: Lowell & CCJ Summons

[Jagwaaar]

Hello,

I am a newbie but recently had a CCJ claim land on my doormat from Lowell with reference to a Vanquis account. I've never heard of either company so immediately defended the claim online stating this fact. That was when I found this site and would like to thank everyone for their help.

I followed advice and requested a copy of the agreement and any other information and sent my PO off. No reply... Next they tried to force me through mediation so when the phone call came I said that I couldn't accept mediation on a debt that wasn't mine. Off to court then, instructions arrived from my local county court which ordered both sides to file their statements to the court.

I made a statement of the facts and personally visited the court. I explained why I was there and the Clerk replied "we're familiar with Lowell, have they sent you anything?" I replied no. The Clerk went away and came back with a bunch of papers and I could see that the original address was not mine. I mentioned this and the Clerk replied " if they don't get an answer they just search the electoral roll looking for the same surname hoping someone will get frightened by the court papers and cough up. Apparently they had filed their statement and paid the fee. After giving me a receipt the Clerk told me not too worry and I should wait to hear from the court.

I heard from the court today saying that "as nobody from plaintiff or defendant had shown up the case was Struck Out. Funny thing is I never received a court notice with a date to appear as I was looking forward to meeting Lowell's representative.

Is this usual?

[MIKE770]

struck out = rest now they caved in, they have on many occasions backed out just before a case as up to a certain time they get a refund any later they loose the fee they hope to get a CCJ with no arguments dirty Debt buyers tradition.

[Jagwaaar]

Thanks for the confirmation Mike I can rest easy now. Can they bring the same case again?

Interestingly, Lowells have been writing about several debts that this other address had so I presume if I'd coughed up for the first one then the flood gates would have opened.

[jaguarsuk]

Thanks for the confirmation Mike I can rest easy now. Can they bring the same case again?

They have 21 days to seek to appeal that decision and if they do not then that is the end of it. The fact they didn't show up means it's highly unlikely they would appeal.

[Jagwaaar]

They have 21 days to seek to appeal that decision and if they do not then that is the end of it. The fact they didn't show up means it's highly unlikely they would appeal.

Thanks, Neither of us showed up!. I never had a letter from the court with a date that's why I found it strange to just get a letter saying "struck out"

[Amethyst]

Does it say that there was a hearing and on neither party attending it was struck out? Does it also say something about parties can apply to vary/setaside the order within 7 days?

Are you in Scotland or England/Wales ?( just as you said plaintiff )

[Jagwaaar]

Does it say that there was a hearing and on neither party attending it was struck out? Does it also say something about parties can apply to vary/setaside the order within 7 days?

Are you in Scotland or England/Wales ?( just as you said plaintiff )

No sorry, I'm in England so should have been Claimant.

After filing my defence at 2:30pm on the 20th April 2018, checking they had filed theirs and paid the fee.I did this in person at Portsmouth Count Court, I was told by the clerk that I would hear from the Court in due course. Next letter from court says:

General Form of Judgement or Order

Dated 26th May 2018

Claimant Lowell Portfolio Ltd
Defendant............

Before District Judge ....... sitting at the County Court at Portsmouth, address.............................

Upon there being no attendance by either party.

IT IS ORDERED THAT:-

1. The claim be struck out


As I said, I never had any other letter from the court.

Thanks for your help.

[Amethyst]

Hmmm, if you didn't get notice of the hearing, then Lowell may not have had notice of the hearing either... all you can do is wait and see if Lowell apply.