CCJ claim form County Court Business Centre - Lowell Portfolio Ltd

[Fedup500%]

Hi all, I have received a photocopy of a County Court Claim form. It is from Lowell, it has been printed (signed) by Lowell Solicitors Limited. It is for a debt from the Halifax Building Society, Current account overdraft.

I have looked on your site but I cannot see where it covers CCJ for Overdrafts can you please help me?
I received this yesterday (12/12/15) but it is dated the 10/12/15. I think it is a photocopy of a claim form

This is what it says:-

1. The defendant entered into a Consumer Credit Act 1974 regulated agreement with HBOS PLC under account reference ******* ('the agreement')
2. The defendant failed to maintain the required payments and a default notice was served.
3. The Agreement was later assigned to the claimant on 24/06/2014 and notice given to the 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 the date of issue, accruing at a daily rate of £0.361, but limited to one year, being £***, c) Costs. The breakdown is Amount claimed ***, court fee 105.00, Legal representatives costs 80.00 Total amount £***. I hope you can help me and I await your reply, thank you

[Fedup500%]

Re: CCJ claim form County Court Business Centre - Lowell Portfolio Ltd

Sorry, it is from Lowell Portfolio 1 Ltd, sorry

[Kati]

Re: CCJ claim form County Court Business Centre - Lowell Portfolio Ltd

:bump: for [MENTION=55034]nemesis45[/MENTION] and [MENTION=48934]Debt Camel[/MENTION] ... any advice for Fed Up please??

[Fedup500%]

Re: CCJ claim form County Court Business Centre - Lowell Portfolio Ltd

Thank you for this Kati, hopefully somebody will be able to help me

[Kati]

Re: CCJ claim form County Court Business Centre - Lowell Portfolio Ltd

Thank you for this Kati, hopefully somebody will be able to help me

No problem :yo:
I'm sure they will :nod: ... sorry your post was missed yesterday (it was the weekend and many of the Beagles have other commitments too).

K xx

[nemesis45]

Re: CCJ claim form County Court Business Centre - Lowell Portfolio Ltd

:bump: for @nemesis45 and @Debt Camel ... any advice for Fed Up please??

Thanks [MENTION=49370]Kati[/MENTION]

[nemesis45]

Re: CCJ claim form County Court Business Centre - Lowell Portfolio Ltd

Hi all, I have received a photocopy of a County Court Claim form. It is from Lowell, it has been printed (signed) by Lowell Solicitors Limited. It is for a debt from the Halifax Building Society, Current account overdraft.

I have looked on your site but I cannot see where it covers CCJ for Overdrafts can you please help me?
I received this yesterday (12/12/15) but it is dated the 10/12/15. I think it is a photocopy of a claim form

This is what it says:-

1. The defendant entered into a Consumer Credit Act 1974 regulated agreement with HBOS PLC under account reference ******* ('the agreement')
2. The defendant failed to maintain the required payments and a default notice was served.
3. The Agreement was later assigned to the claimant on 24/06/2014 and notice given to the 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 the date of issue, accruing at a daily rate of £0.361, but limited to one year, being £***, c) Costs. The breakdown is Amount claimed ***, court fee 105.00, Legal representatives costs 80.00 Total amount £***. I hope you can help me and I await your reply, thank you

The CCA does not apply to some OD's but as they mention a CCA Regulated agreement we will treat it as such.

Have you acknowledged service of the claim? If not do so now at Money Claim Online (MCOL) state intention to defend, but do not enter anything at this point.

You need to send a CCA request the claimant to see if they actually do have such an agreement. There is a £1 statutory fee for this, use a Postal Order Endorsed

" For Statutory Fee only" Lowell has 12 + 2 Working Days to comply. ( use the template from the forum library).

Next a request made under Civil Procedure Rule 31.14 (no fee) this is for the documents mentioned in the particulars of claim. i.e. The agreement. the default notice, and the notice of assignment. No other documents can be requested.
This goes to the solicitors by signed for post

Some history of the debt would assist us,

When was the account opened?
Do you know when the bank called in the OD, Demand for Immediate Payment or Final Demand?
The default date?
Please.

nem

[Fedup500%]

Re: CCJ claim form County Court Business Centre - Lowell Portfolio Ltd

Hello Nem, thank you so much for getting back to me, I think I messed up big time trying to start a post. I haven't acknowledged the claim yet as I didn't know if it was a 'real' claim as it is a photocopy but I will do that tonight - Thank you.
The account was opened in about 2000 or maybe before but definitely by 2000.
It was in 2011, I think but In 2012 Halifax sent me a letter saying "As we haven't been able to agree a suitable repayment plan we've transferred your Halifax debt to debt collection agency, Moorcroft Group Plc". It goes on to say that they have instructed Moorcroft to arrange collection of the outstanding amount.
I had sent a letter to all my creditors explaining my financial circumstances and the only company I have ever responded to sine then, apart from the original creditors, was Moorcroft. I sent them an income and expenditure form which showed that I did not have the funds to repay anything. I sent all my creditors a copy of a doctors letter explaining my illness and inability to continue working.
I hope I have given you sufficient information and once again thank you so much for helping me.

[nemesis45]

Re: CCJ claim form County Court Business Centre - Lowell Portfolio Ltd

Hello Nem, thank you so much for getting back to me, I think I messed up big time trying to start a post. I haven't acknowledged the claim yet as I didn't know if it was a 'real' claim as it is a photocopy but I will do that tonight - Thank you.
The account was opened in about 2000 or maybe before but definitely by 2000.
It was in 2011, I think but In 2012 Halifax sent me a letter saying "As we haven't been able to agree a suitable repayment plan we've transferred your Halifax debt to debt collection agency, Moorcroft Group Plc". It goes on to say that they have instructed Moorcroft to arrange collection of the outstanding amount.
I had sent a letter to all my creditors explaining my financial circumstances and the only company I have ever responded to sine then, apart from the original creditors, was Moorcroft. I sent them an income and expenditure form which showed that I did not have the funds to repay anything. I sent all my creditors a copy of a doctors letter explaining my illness and inability to continue working.
I hope I have given you sufficient information and once again thank you so much for helping me.

Hello Fedup,

Claims are entered at Northampton CC Business Centre electronically and are printed only for posting to the defendant.

Get the acknowledgment done.
Then we have a little more time to look into details with you.

Always happy to help nem

[Fedup500%]

Re: CCJ claim form County Court Business Centre - Lowell Portfolio Ltd

Okay, thank you, I will do it now.

[nemesis45]

Re: CCJ claim form County Court Business Centre - Lowell Portfolio Ltd

Okay, thank you, I will do it now.

Be careful to note down password etc. on MCOL it's a rather over loaded system
prone to glitches.

nem

[Fedup500%]

Re: CCJ claim form County Court Business Centre - Lowell Portfolio Ltd

Thank you. But... I need help already!! I am on the Moneyclaim line site and it says:- start AOS, start defence, or start part admission, i'm sorry, I know I am being stupid but which one do I do?

[Kati]

Re: CCJ claim form County Court Business Centre - Lowell Portfolio Ltd

tick "intend to defend in full" and close the page ... you can enter a defence later!!

Have you made a note of your MCOL passwords?? You'll need them later to log back in xx

[Fedup500%]

Re: CCJ claim form County Court Business Centre - Lowell Portfolio Ltd

Thank you so much Kati, I didn't think my post went through as my computer is playing up but I read and re-read Nem's answer and finally figured it out :clap2: I have printed a copy of it too. I am so sorry to be such a pain but I find these things really hard to understand, I have to read them about 20 times before I finally understand what I am supposed to do and even then I am too scared to do it in case I get it wrong! Yes, I have made a note of my MCOL password, once again thank you and thank you to Nem too.

[Fedup500%]

Re: CCJ claim form County Court Business Centre - Lowell Portfolio Ltd

Hi, I think I have done the letters I need to send off, I will copy and post them here. I am not sure if I have got the date of my defence right though, I have put the 8th of January 2015? Also how much do you think it would cost for them to get copies of all the documents needed as it says in the letter that I would pay 'reasonable' costs? Could you tell me if these are okay please.
Well here goes...

Letter to:-
Lowell Solicitors Limited

Dear Sirs,
Claim Number:
Request for documents mentioned in a statement of case CPR 31.14
On 12/12/2015 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 8^th January 2015.

1. Agreement
2. Default Notice
3. Assignment
4. Repeated requests for payment

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.

I look forward to hearing from you.

Yours faithfully,

Letter to:-
Lowell Portfolio 1 Ltd

14^th December 2015

Dear Sir/Madam

Re:− Account Number

Please treat this letter as a formal request for you to supply a copy of my Consumer Credit Agreement as is my entitlement under sections 77-79 of the Consumer Credit Act 1974.

I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit.

Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189.

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.


Yours faithfully,