Old debt: County Court Business Centre: Lowell Portfolio I LTD

[Penfold31]

Hi Leagle Beagles,

I'm wondering if anyone would be as so kind to helping me. I received a letter on Friday from Count Court Business Centre, Issue Date:10th December 2015 that has completely shaken me up.

I had some financial difficulties around 3 1/2 -4 years ago, was out of work and had problems paying back money on an overdraft with my bank which eventually ran up a debt of roughly £380. I ended up getting a default notice/blacklisted (pardon my legal terms, I do no know much about this).

I thought as I had been blacklisted for 6 years (this is what my bank told me) that the debt would be wiped (call this ignorant on my part), but I received the letter as stated above which is now saying that Lowell Solicitors Limited are taking me to court for the sum of £494:05.

I am extremely worried about this as I live with my girlfriend (her property) and absolutely do not want any bad credit problems being associated with her flat.

Any advice would be much appreciated as this has come as a complete bolt out of the blue. If you need any further information on this, just ask.

Many thanks in advance.

Penfold

[nemesis45]

Re: Old debt: County Court Business Centre: Lowell Portfolio I LTD

Hi Leagle Beagles,

I'm wondering if anyone would be as so kind to helping me. I received a letter on Friday from Count Court Business Centre, Issue Date:10th December 2015 that has completely shaken me up.

I had some financial difficulties around 3 1/2 -4 years ago, was out of work and had problems paying back money on an overdraft with my bank which eventually ran up a debt of roughly £380. I ended up getting a default notice/blacklisted (pardon my legal terms, I do no know much about this).

I thought as I had been blacklisted for 6 years (this is what my bank told me) that the debt would be wiped (call this ignorant on my part), but I received the letter as stated above which is now saying that Lowell Solicitors Limited are taking me to court for the sum of £494:05.

I am extremely worried about this as I live with my girlfriend (her property) and absolutely do not want any bad credit problems being associated with her flat.

Any advice would be much appreciated as this has come as a complete bolt out of the blue. If you need any further information on this, just ask.

Many thanks in advance.

Penfold

Good morning, welcome to LB,
A couple of points before getting
to the claim.

1. There is no " black list" of properties of individuals.

2. A creditor registers a default with the credit reference agencies
after following a set procedure for an overdraft that is to send
a Demand for Immediate Repayment in Full, if this is not complied
with a Final Demand is issued, which has a warning about reistering
defaults with the CRA's.

3. All defaulted accounts are removed from credit reference agencies after 6 years
from the default date Paid or Not. (5 years in Scotland where the debt is extinguished)

4. In England & Wales even after the debt is removed from credit files it may not be
statute barred ( immune from court action) the debt still exists.

5. The Limitation Act 1980 ( E & W ) allows for a limitation period of 6 years after
the " cause of action ) for a claim to be issued, any payment or written acknowledgment
of the debt resets the 6 year " clock " to zero.

6. Even once a debt is statute barred it remains collectable until the debtor informs

the creditor in writing of the status of the debt and states they will not make payment.

Now to the claim, can you post a redacted copy of the particulars of claim here or type
it up verbatim please?

Now you must acknowledge service of the claim at Money Claim Online (MCOL) and state
intention to defend in full, do not enter anything in defence at this stage.

Did you receive the demands for repayment? If s when?

You say 3/ 1/2 - 4 years ago you had problems so 2009/2010 the OD was recalled ? Important to establish
this exactly). To calculate IF the debt was statute barred before the claim was issued.
I can advise the next move when you have posted up the particulars of the claim and the credit file
details.

nem

[Penfold31]

Re: Old debt: County Court Business Centre: Lowell Portfolio I LTD

Hello Nem,

First off many thanks for the reply, and secondly for enlightening me about the status of the debt.

Claimant:

Lowell Portfolio LTD
Ellington House
9 Savannah Way
Leeds
West Yorkshire
LS10 1AB

Address for sending documents and payments (if different)

Lowell Solicitors Limited
PO BOX 1419
Northampton
NN2 1BU

Here are the Particulars of Claim:

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 the assignment to the date of issue, accruing at a daily rate of£0.083, but limited to one year, being £30.30, c) Costs

I do recall getting a demand for payment quite some time ago, possibly in January. Since then I have had nothing until now.

It was around 3 1/2 - 4 years ago that I had the problem with my bank and got the default against me. Since then, it has become apparent that this company Lowell has taken over on it. So it has certainly been under 6 years from when I received the default against me.

Thanks,

Penfold

[nemesis45]

Re: Old debt: County Court Business Centre: Lowell Portfolio I LTD

Hello Nem,

First off many thanks for the reply, and secondly for enlightening me about the status of the debt.

Claimant:

Lowell Portfolio LTD
Ellington House
9 Savannah Way
Leeds
West Yorkshire
LS10 1AB

Address for sending documents and payments (if different)

Lowell Solicitors Limited
PO BOX 1419
Northampton
NN2 1BU

Here are the Particulars of Claim:

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 the assignment to the date of issue, accruing at a daily rate of£0.083, but limited to one year, being £30.30, c) Costs

I do recall getting a demand for payment quite some time ago, possibly in January. Since then I have had nothing until now.

It was around 3 1/2 - 4 years ago that I had the problem with my bank and got the default against me. Since then, it has become apparent that this company Lowell has taken over on it. So it has certainly been under 6 years from when I received the default against me.

Thanks,

Penfold

Good afternoon Penfold, Responding to your PM.

Clarification please.

1. Service of claim acknowledged and intention to defend stated? Use MCOL ( money claim online)

2. CCA Request sent to Lowell?

3. CPR 31 .14 request to solicitors?

4, Have you checked your credit file yet it will help to establish the status of the debt. Noddle is Free Online.

nem

[Penfold31]

Re: Old debt: County Court Business Centre: Lowell Portfolio I LTD

Hi Nem,

Many thanks for the reply.

Regarding Points 1,2 & 3, could you please help me out with them? I haven't replied to the Service of claim as I was awaiting advice first. Are there templates for these?

I'm also unsure as to how I send a CCA request back to Lowell's and CPR 31.14 request to solicitors. Do I need to have my own solicitor now it has got to this?

As for Point 4, I have signed up with Noddle (thanks for that very helpful link), and I have looked at the status of this issue. It is as follows:

Lender Balance Updated Status
Lowell £378 07/12/2015 Default

Date of default: 15/06/2012

I am sorry for not replying sooner, it is extremely hard for me to reply during working hours.

Thanks once again.
Penfold.

[nemesis45]

Re: Old debt: County Court Business Centre: Lowell Portfolio I LTD

Hi Nem,

Many thanks for the reply.

Regarding Points 1,2 & 3, could you please help me out with them? I haven't replied to the Service of claim as I was awaiting advice first. Are there templates for these?

I'm also unsure as to how I send a CCA request back to Lowell's and CPR 31.14 request to solicitors. Do I need to have my own solicitor now it has got to this?

As for Point 4, I have signed up with Noddle (thanks for that very helpful link), and I have looked at the status of this issue. It is as follows:

Lender Balance Updated Status
Lowell £378 07/12/2015 Default

Date of default: 15/06/2012

I am sorry for not replying sooner, it is extremely hard for me to reply during working hours.

Thanks once again.
Penfold.

Hello Penfold acknowledge service of the claim Now at Money Claim Online ( MCOL ) state intention to defend in full
Do Not enter any thing in defence yet.

CCA request template is in the Forum Library, goes to Lowell's address as shown on the claim form (N1). £1 statutory fee use a postal order endorsed " For Statutory Fee Only" use signed for post.

CPR 31.14 template in the forum library (no fee for this request) again send by signed for post. This is for the documents mentioned in the particulars of claim Only!

The agreement, The Default Notice, The Notice of Assignment.

Important to acknowledge service asap.

[Penfold31]

Re: Old debt: County Court Business Centre: Lowell Portfolio I LTD

Hello Nem,

Thanks once again for the reply, I am currently getting all of this processed.

Regarding the CCA request template, under the Account Number, is that the account reference ('the Agreement) I posted:

"Here are the Particulars of Claim:

1) The Defendant entered into a Consumer Credit Act 1974 regulated agreement with HBOS PLC under account reference ************** ('the Agreement'),"

Or something else? I just want to make sure I am putting the correct information. I can see a Claim No & a Claimant reference on other bits of paper so a little unsure.

Thanks,

Penfold

[Penfold31]

Re: Old debt: County Court Business Centre: Lowell Portfolio I LTD

Hello Nem,

I'm sorry for being a nuisance with this, I just want to make sure everything is filled out (or not!) correctly.

Do I fill in the whole of the AOS 'apart' from the Defence? On Step 3 it says "Contest Jurisdiction". Do I tick this?

Can you tell me what Particulars I actually need to put in, if any? Ideally page by page as so I don't enter anything I shouldn't be.

I'm a bit confused with this, I'm sorry.

Thanks,

Penfold

[nemesis45]

Re: Old debt: County Court Business Centre: Lowell Portfolio I LTD

Hello Nem,

I'm sorry for being a nuisance with this, I just want to make sure everything is filled out (or not!) correctly.

Do I fill in the whole of the AOS 'apart' from the Defence? On Step 3 it says "Contest Jurisdiction". Do I tick this?

Can you tell me what Particulars I actually need to put in, if any? Ideally page by page as so I don't enter anything I shouldn't be.

I'm a bit confused with this, I'm sorry.

Thanks,

Penfold

Unless you live in Scotland or NI you don't contest jurisdiction.
Yes to SCT
Yes to mediation.
Enter Local Court name if you know it.
Level of Judge DJ DDJ
nem

[Penfold31]

Re: Old debt: County Court Business Centre: Lowell Portfolio I LTD

Ok, so now I am really confused. What is SCT? I have no Mediation, Local Court option, Level of Judge etc?

I have 5 tabs I have to go thorough: Acknowledgment of Service - Personal Details - Intention - Summary - Confirmation and I cannot see any of what you have mentioned. Am I on the right page?

[nemesis45]

Re: Old debt: County Court Business Centre: Lowell Portfolio I LTD

Ok, so now I am really confused. What is SCT? I have no Mediation, Local Court option, Level of Judge etc?

I have 5 tabs I have to go thorough: Acknowledgment of Service - Personal Details - Intention - Summary - Confirmation and I cannot see any of what you have mentioned. Am I on the right page?

What is the form number?

[Penfold31]

Re: Old debt: County Court Business Centre: Lowell Portfolio I LTD

It says N1SDT Claim Form (04.14)

Just to confirm I am doing this via the MCOL.GOV.UK website, if there is anything different when filling out the paperwork I still cannot see the above.

Thanks,

Penfold

[nemesis45]

Re: Old debt: County Court Business Centre: Lowell Portfolio I LTD

What is the form number?

I thought you had already submitted the Acknowledgement of Service, it's quicker
and easier to do the at Money Claim on Line ( MCOL)

Yes acknowledge, yes intention to defend in full. the rest is sel explanatory.

nem

[Penfold31]

Re: Old debt: County Court Business Centre: Lowell Portfolio I LTD

Nem,

Thanks for the information and apologies for my ignorance, I really have no clue when it comes to things like this!

Just to confirm, the documents I have do not have to be sent back as that is what I have now completed online via MCOL.

When you say endorse the postal order "Statutory Fee Only", is that who I write out (pay) the Postal Order to, which then gets sent to Lowell?

I fully appreciate your time and patience helping me out on this.

Many Thanks,

Penfold

[Penfold31]

Re: Old debt: County Court Business Centre: Lowell Portfolio I LTD

Hello Nem,

I was looking at another thread, same problem with Lowell, and they had the date for their Court Case:

"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."

Could you please tell me where I would find that information as I have looked all through the paperwork I have and cannot find it?

I would be so grateful for a reply as I need to get his letter posted tonight by Special Delivery.

Many, many thanks in advance.

Penfold