Lowell County Court claim crisis

[charitynjw]

Re: Lowell County Court claim crisis

I still need to send a CCA? It says here that CCA doesn't apply to overdrafts and banking accounts

http://www.legalbeagles.info/forums/...y-of-Agreement

In your first post, you say that the PoC states 'regulated agreement'.
If so, & it would appear that the Claimant/solicitors are themselves a bit confused, if it were me I'd send it anyway & see what transpires.

[charitynjw]

Re: Lowell County Court claim crisis

I still need to send a CCA? It says here that CCA doesn't apply to overdrafts and banking accounts

http://www.legalbeagles.info/forums/...y-of-Agreement

The link refers to ss 77-79 CCA requests.
See above post.

Oh wait, as they're saying I had an agreement with Sigma and not Barclays, does that mean it's no longer classed as an overdraft so the CCA will apply?

Any assignee will 'stand in the shoes' of the original creditor for the purposes of CCA.

[Madrigal]

Re: Lowell County Court claim crisis

Right, so I'm sending the CCA and £1 to Lowell Portfolio, the claimant, and a copy to Lowell Solicitors.

I'm sending the CPR 31 to Lowell Solicitors. On the template is says to address to the Claimant:

Your name
Your address
Your postcode

Date

Claimants name
Claimants address
Claimants postcode

So I'm putting Lowell PORTFOLIO here, not Lowell SOLICITOR, even though it's going to the solicitor?

Sorry for all the dumb questions, just need to make sure I'm getting it completely right!

[charitynjw]

Re: Lowell County Court claim crisis

Right, so I'm sending the CCA and £1 to Lowell Portfolio, the claimant, and a copy to Lowell Solicitors.

I'm sending the CPR 31 to Lowell Solicitors. On the template is says to address to the Claimant:

Your name
Your address
Your postcode

Date

Claimants name
Claimants address
Claimants postcode

So I'm putting Lowell PORTFOLIO here, not Lowell SOLICITOR, even though it's going to the solicitor?

Sorry for all the dumb questions, just need to make sure I'm getting it completely right!

The Claimant/address & the solicitor/address should be stated on the court claim form.

[Madrigal]

Re: Lowell County Court claim crisis

Well, I sent the letters over a week ago and went away. Just got back and there's nothing from Lowell yet. I also got my Experian credit report, using addresses going back 14 years. My credit score is 996 out of 999, and there's nothing at all about my old debts. I may have taken out the overdraft in an old name, but I changed my name 9 years ago and Lowell always contact me using the name I have now. The credit report doesn't even link me to my ex. Does this mean that the debt is definitely statute barred, or am I missing something? Trying not to get my hopes up, but this is good, isn't it?

[nemesis45]

Re: Lowell County Court claim crisis

Well, I sent the letters over a week ago and went away. Just got back and there's nothing from Lowell yet. I also got my Experian credit report, using addresses going back 14 years. My credit score is 996 out of 999, and there's nothing at all about my old debts. I may have taken out the overdraft in an old name, but I changed my name 9 years ago and Lowell always contact me using the name I have now. The credit report doesn't even link me to my ex. Does this mean that the debt is definitely statute barred, or am I missing something? Trying not to get my hopes up, but this is good, isn't it?

I think it may well be you can send a carefully worded letter stating you believe the alleged debt is statute barred without admitting any liability if you want to try I can help with a letter.

nem

[Madrigal]

Re: Lowell County Court claim crisis

Thank you Nem, I would really appreciate help with that. In a couple of days they'll be over the time limit I gave them in my CPR and CCA letters. I know there's another letter I can send if they don't get back to me, but should I just send a letter saying it's statute barred instead? I'm very nervous about accidentally admitting to the debt!

[nemesis45]

Re: Lowell County Court claim crisis

Thank you Nem, I would really appreciate help with that. In a couple of days they'll be over the time limit I gave them in my CPR and CCA letters. I know there's another letter I can send if they don't get back to me, but should I just send a letter saying it's statute barred instead? I'm very nervous about accidentally admitting to the debt!

OK Madrigal if there is anything more you can give me to work on it will help, I'll get on with tomorrow.

nem

[Madrigal]

Re: Lowell County Court claim crisis

Here's the full credit report (personal info removed). Not sure what else you need, let me know if there's anything I can add.

[nemesis45]

Re: Lowell County Court claim crisis

Here's the full credit report (personal info removed). Not sure what else you need, let me know if there's anything I can add.

Hello Madrigal,

Had a problem with opening the files yesterday, done it now and will complete letter during the morning.

nem

[Diana M]

Re: Lowell County Court claim crisis

In a couple of days they'll be over the time limit I gave them in my CPR and CCA letters. I know there's another letter I can send if they don't get back to me, but should I just send a letter saying it's statute barred instead? I'm very nervous about accidentally admitting to the debt!

I wouldn't send them a letter saying anything.

If this debt is statute barred you would include that legal argument in your Defence and not before.

If you alert them to the fact now they'll go looking for evidence to the contrary which could scupper your Defence document. Also the element of surprise works wonders in litigation

I also see no reason to chase them for a response to your CCA and CPR requests. You've sent perfectly valid requests. They've not responded. Good. Without those documents they'll be in some difficulty in enforcing the debt in court.

The onus is on the Claimant to prove the debt. Don't make it easier for them by entering into a conversation prior to filing your Defence.

Once a claim has been issued (the cause of action) the SB clock stops ticking so it makes no difference if you accidentally acknowledge it now.

Di

[nemesis45]

Re: Lowell County Court claim crisis

[QUOTE=Diana M;668321]I wouldn't send them a letter saying anything.

If this debt is statute barred you would include that legal argument in your Defence and not before.

If you alert them to the fact now they'll go looking for evidence to the contrary which could scupper your Defence document. Also the element of surprise works wonders in litigation

I also see no reason to chase them for a response to your CCA and CPR requests. You've sent perfectly valid requests. They've not responded. Good. Without those documents they'll be in some difficulty in enforcing the debt in court.

The onus is on the Claimant to prove the debt. Don't make it easier for them by entering into a conversation prior to filing your Defence.

Once a claim has been issued (the cause of action) the SB clock stops ticking so it makes no difference if you accidentally acknowledge it now.
Surely if one acknowledges the debt at this stage in correspondence with the claimant or their solicitors it would be fatal to the defence IF the debt is not statute barred??

nem

[nemesis45]

Re: Lowell County Court claim crisis

Here's the full credit report (personal info removed). Not sure what else you need, let me know if there's anything I can add.

Hello Madrigal,

Please let me know if you want me to supply a draft.
Please be aware it is not safe to admit or imply liability for the debt.

nem

[Madrigal]

Re: Lowell County Court claim crisis

Hi Nem,

I'm not sure what I want to do yet, but if you could give me a draft I'd appreciate it. Good to have some options!

Thanks,
Madrigal

[nemesis45]

Re: Lowell County Court claim crisis

Hi Nem,

I'm not sure what I want to do yet, but if you could give me a draft I'd appreciate it. Good to have some options!

Thanks,
Madrigal

Ok not a problem.

I just wanted you to be aware that if the debt was acknowledged and it was not statute barred all would a lot more difficult, I'll make and amended draft.

I find is realistic where possible to cut a claim off asap, surprise might be that the claimant turns up in court with " evidence " that you have had no chance to challenge.

nem

nem