lowell portfolio

[jeremybeagle]

Hi
I have followed instructions from this site regarding CCA request and defending a claim for a credit card now owned by Lowell portfolio.
My defence was based on the advice given on here asking them to prove that it is my debt (ref thread 59599 cabot/ old egg loan) and I have been awaiting the information to be sent with Lowell saying in reply to my cca request that all correspondence will be dealt with by their solicitors BW legal.
A court date is set for 20th October and up until yesterday had no reply to the cca request other than they have now issued their case documents and the information I sought was in amongst this.
with just two weeks left before the court hearing I am not sure what to do. However they still haven't actually responded to my request. the court date is six years and 7 days after the last payment was made and this has been revealed in the documents BW legal have presented for their case, does this make it time barred?
what is my next step please?
thank you in advance

[Amethyst]

Re: lowell portfolio

Unfortunately the statute barred clock stops ticking on the date they issue the court claim.

what exactly have they sent you ? The full terms and conditions and signed agreement copy? Default Notice? Notice of Assignment ?

Have you submitted your own witness statement yet ? ( It would likely have been due in on the 6th if the hearing is on the 20th)

[jeremybeagle]

Re: lowell portfolio

Hi
they have sent a copy of original agreement, default notice of assignment etc as part of their claim document to the court
Can I offer to settle out of court the original debt was for £600 and the claim with costs is up to £800 does the fact they didn't comply with CCA request carry any weight ? what should I do next withdraw my defence or go to the hearing and tell the judge they didn't comply with the CCA and therefore I couldn't complete my defence?
thank you

[Amethyst]

Re: lowell portfolio

Okay, you did, in your defence, reserve the right to amend your defence should they supply the relevant information, so if you feel they have now provided all of the information, and you don't have any further defence - eg. that the claim is made up of charges, you don't agree with the amount owed etc - you will want to be thinking about negotiating with the claimants in order to avoid getting a CCJ.

You could either offer a full and final settlement or a monthly installment arrangement under what's called a Tomlin Order - so the case remains in the court system but on hold, and without judgment, while you fulfill your side of the agreement you make, but if you default on that the claimant can simply obtain judgment (so get a CCJ) and move to enforcement.

Did you actually put in a witness statement?

[jeremybeagle]

Re: lowell portfolio

Hi
no, as I didn't know they were going to actually come through with the information i've been waiting for in their witness statement
If they don't agree to settle before the hearing does that and the fact they ignored the CCA request carry any weight with the judge and what sort of offer as full and final as a percent of total should I go for
thank you