Lowell's CCJ claim

[Emlewuna]

Received a claim? Yes/No: yes
Issue Date:13/03/20
Have you Acknowledged the Claim?: no
Total Amount Claimed :*( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000) 1600
Claimant’s Name: lowell portfolio I ltd
Solicitors Firm: lowell solicitor limited
Original Creditor: tesco
Original Debt*(eg. Credit card/Loan/Overdraft)*: loan
Particulars of Claim:* (*Please type out in full excluding names/account numbers/exact amounts ): defendant entered into agreement with tesco bank personal loan which was regulated by Cca 1974 under ref *********** on **/11/10
2) in breach of agreement defendant failed to maintain required payments and agreement was terminated
3) agreement was later assigned to claimant on **/08/19 and written notice given to defendant
4) despite repeated requests for payment, the sum of £****.** remains due and outstanding. And the claimant claims*
a) the said sum of £****.**
b) interest pursuant to s69 county courts act 1984 at the rate of 8% per annum from the date of assignment to date of issue, accruing at a daily rate of £0.350 but limited to one year being £76.40
c) costs
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): Iam unsure but think i have not made any written contact to acknowledge the debt in the last 6 years
List any letters you have sent (eg: CCA/ CPR ):
Any Other Information or Background Details:

[jaguarsuk]

Determining whether the debt is Statute Barred comes from the date of the last payment or default notice, whichever is the latter? When did it default and when was the last payment?

You need to Acknowledge Claim first and foremost.

Send a CCA Request to lowell portfolio I ltd with a £1 cheque/postal order with the wording "CCA 1974 STAT FEE ONLY" written across the front of it. Before sending it make two copies of the letter and cheque/postal order. Keep one copy for your records.

Send the second copy with a CPR 31.14 Request to lowell solicitor limited and requesting copies of:

agreement with tesco bank personal loan which was regulated by Cca 1974 under ref *********** on **/11/10
notice given to defendant the agreement was later assigned to claimant

Send a Subject Access Request Letter to Tesco Bank asking for copies of the credit agreement, notice of default, notice of assignment and statements of payments. Also add in asking whether when they assign debt they allow the assignee to send the notice of assignment on their behalf?

Interesting that they don't plead that a default notice was sent to you, suggests they may not have a copy of it and if Tesco don't they won't be able to get one.

When lowell portfolio I ltd and lowell solicitor limited respond come back here and post an update. If tesco don't respond before the deadline do not wait to update this thread.

Once service is acknowledged your defence deadline will be 4pm on Wednesday 15th April 2020, so if they haven't responded by Friday 10th draft a defence based on the Example Defence and post here for critique.

[Emlewuna]

Thank you so much for your advice. I'll get on all of that straight away.
I thought that about the default notice, that they didn't mention it and just said about the assignment.*
Would that make any difference to a case this like I wonder?
The default probably would have been 6 years ago now, but I'll ask for the information to be sure.
Feeling more positive to at least get the information needed to arm ourselves.

Thanks alot, I'll keep you posted.*

[jaguarsuk]

Thank you so much for your advice. I'll get on all of that straight away.
I thought that about the default notice, that they didn't mention it and just said about the assignment.
Would that make any difference to a case this like I wonder?
The default probably would have been 6 years ago now, but I'll ask for the information to be sure.
Feeling more positive to at least get the information needed to arm ourselves.

Thanks alot, I'll keep you posted.

Don't ask for the default notice because they have not mentioned it in their pleadings, so you are not entitled. If the debt has fallen off your credit report then the date of default is more than six years, so the important thing will be establishing whether you have made a payment towards the debt in the last six years?

If they aren't able to produce the default notice and prove the original lender complied with the Consumer Credit Act 1974 it is fatal to their case.

[Emlewuna]

Oh no, I didn't mean that I would request that from Lowell but from Tesco, as you have said, with the SAR request?*
I appreciate all your help and advice*

[Emlewuna]

Hi, so I've received a letter back from Lowells soliticors which says that I took the loan out in 2010 and last payment was made in february 2018, which I am convinced it wasn't. I did ring to get a full and final settlement figure around that time but it was too much for me to pay, so I paid nothing. I'm trying to compress an image of the letter for you to look at.*
I also don't know if it is all going ahead because of covid19 and now we have even less ability to pay anything if we have to due to no work?!*

[Emlewuna]

This is the letter from Lowell's solicitors*

[jaguarsuk]

I think I would ask them to confirm the method of payment and then get bank statements from the time to check that a payment was not made.

[Emlewuna]

Working on getting the information about that last payment. My partner and I have been on the phone to national debtline this morning who say I am going to get a CCJ whatever happens from now. Feeling very sad and my partner has been crying, our dream of buying a home squashed for 6 years it feels.
Still no further correspondence from Lowell's portfolio with the CCA request. I think they've either got til Friday or next monday, as they received on the 18th March?

[Emlewuna]

What if the last payment was made in feb 2018? Is that fatal to our case if they are able to produce what is asked of them in the CCA request?

[jaguarsuk]

National Debt Helpline should not be saying that, that is not true.*

Right up to the point of walking into the court ron you can settle and there would be no CCJ, they are not legal advisers and shouldn’t be advising that. I would complain if I were you.

If you made a payment in Feb 18 the debt is not statute barred. You haven’t plead a defence yet, so this isn’t your only argument.*

If they are able to produce all the required documentation (Credit Agreement, complaint Default Notice and Notice if Assignment from Original Creditor) then they would win the claim and you’d be well advised to negotiate a settlement.*

And note that they haven’t plead that a Default Notice was served, so in the defence we’ll focus on the fact none has been and put forward the argument that as such they can’t lawfully bring the claim.*

At this point they haven’t produced anything and you haven’t had your SAR back from the original creditor, so you don’t know what your actual position is.*

Tell your partner not to get upset, there’s a long road yet and there are always ways to prevent ending up with a CCJ.*

[Emlewuna]

We really appreciate the advice and the reassurance.*
so really, I need to hang tight and see what Lowells come back with by early next week and then what Tesco come back with.
If the due date for defense comes before the SAR request comes back from Tesco, what happens then? Do I say I'm awaiting records or whatever? Would it be extended?*
Thank you so much for your help

[jaguarsuk]

Tesco is purely to see what they might get, so we don’t wait for Tesco.*

If Lowell aren’t back before the deadline and don’t write agree an extension you’ll file a defence based on that fact.*

You should draft a defence based on that now using the Example Defence provided by this site (can’t link to it as I’m typing from my phone) and then you are ready to post here for critique 48 hours before the deadline.*

[Emlewuna]

Great, I'll get on that right away and get back to you asap.
Thanks Jaguars

[Emlewuna]

Hi, tesco got back to us with our sar request which includes the original CCA, which probably means that Lowell's will get back to us with it today or tomorrow. I think we are going to have to admit to the ccj and just pay it in monthly installments.
Thanks for your help anyway though.
*