Lowell.bought all my debts /CC Form

[MIKE770]

Re: Lowell.bought all my debts /CC Form

33 days from:- 12/10/2016

Result: Monday, 14 November 2016

[Cos69]

Re: Lowell.bought all my debts /CC Form

Hi Mike,

Thanks for your reply.

The letter will get there tommorow before 12 as thats how ive sent them.

Would that be enough time or ?

[Diana M]

Re: Lowell.bought all my debts /CC Form

Should i just borough the money and pay it to avoid CCJ .

No don't give up

File your Defence.

My point was you can't say in it that they've not complied with s.77-79 CCA Request because you've not given them enough time to comply.

However if you don't receive anything by the time you file your Defence that's still relevant.

Once your Defence has been filed the court will give them 28 days to inform them (the court) if they intend to continue with the proceedings.

If they say they do, then you should be given the opportunity to opt for free telephone Mediation to settle if you want to settle. A Mediation settlement is not a CCJ albeit legally binding.

Di

[Cos69]

Re: Lowell.bought all my debts /CC Form

Thanks Di,

For keeping me straight!

When do i have to start my defance? Is that online via the aknowledgement page that i filled ealrier ?

[Cos69]

Re: Lowell.bought all my debts /CC Form

Thanks Di,

For keeping me straight!

When do i have to start my defance? Is that online via the aknowledgement page that i filled ealrier ?

Please note that a defended claim will be transferred to an appropriate county court to proceed.
Each step is completed by clicking 'Next' at the bottom of the page, which automatically confirms and saves the information you have entered. Any error messages displayed at the top of a page must be corrected before moving on to the next step.
Before you can file a defence to the claim against you, you must make sure the following apply in your case:
you are filing your defence within 14 days of service of the claim on you (a claim is considered served on the fifth day after it is issued)

or
where separate detailed particulars of claim were served, within 14 days of service of those

or
if you filed an acknowledgement of service, within 28 days of service of the claim (or separate particulars)

You don't have to pay a fee to defend a claim. However, you will have to pay a fee if you decide to make a counterclaim against the claimant. If you file a defence electronically through MCOL, do not send a copy by post.
g,,l

Does the above means that i missed on my defence time?

[Cos69]

Re: Lowell.bought all my debts /CC Form

Hi all,

Could you please advise what would be the next step.

[charitynjw]

Re: Lowell.bought all my debts /CC Form

You have acknowledged the claim on 24/10; Claim issue date was 12/10.
So ok there.
Defence is due on or before Monday 14/11/2016.

[Cos69]

Re: Lowell.bought all my debts /CC Form

You have acknowledged the claim on 24/10; Claim issue date was 12/10.
So ok there.
Defence is due on or before Monday 14/11/2016.

Hi and thank you .

How do i feel in my defance ?

[charitynjw]

Re: Lowell.bought all my debts /CC Form

http://legalbeagles.info/forums/show...t-Court-Claims

You can tweak this to suit your particular case.
As it is for an Argos card, s78 CCA applies; remove references to s77.
Also you will need to say that you sent a CCA request on xx/xx/2016 (insert correct date) but to date (this being the date on your defence) you have not received a reply from the Claimant.

[Cos69]

Re: Lowell.bought all my debts /CC Form

Hi,

Thank you so much . I will fill my defance online later on today when i get home.

[Cos69]

Re: Lowell.bought all my debts /CC Form

Hi all ,

Thank you for all your help.

I filled in my defence online. What would be the next step ? Just to mention that the defence was recorded on the 31 st day.

[Cos69]

Dear all,




Thank you for your existence !!! And the help and advice received in 2016!! (Responded to their claim court form ,demanding a CCA , and have not heard anything ever since
.https://legalbeagles.info/forums/for...form#post87296) I have come bk due to Lowell chasing me for a debt made in 2011, last later demanding payment was may 2016 . Since then i have not heard from Lowell with regards this debt nor via letter,phone ,email,txt , i had a ccj that came off my file in Nov 2022 , since then. I been working on my credit , therefore i signed and payed for Experian to gain access to my credit file . Not even a week later i get a txt message from Lowell, to call and quote a ref nr , i did call, put in my details (date of birth 6nr , and postcode 2 nr ) to see what they are chasing ! This is how i found out what they are after by listening to their automated ref recognition. Please advise what should i be doing next .

[echat11]

Dear all,




Thank you for your existence !!! And the help and advice received in 2016!! (Responded to their claim court form ,demanding a CCA , and have not heard anything ever since
.https://legalbeagles.info/forums/for...form#post87296) I have come bk due to Lowell chasing me for a debt made in 2011, last later demanding payment was may 2016 . Since then i have not heard from Lowell with regards this debt nor via letter,phone ,email,txt , i had a ccj that came off my file in Nov 2022 , since then. I been working on my credit , therefore i signed and payed for Experian to gain access to my credit file . Not even a week later i get a txt message from Lowell, to call and quote a ref nr , i did call, put in my details (date of birth 6nr , and postcode 2 nr ) to see what they are chasing ! This is how i found out what they are after by listening to their automated ref recognition. Please advise what should i be doing next .

They've got a CCJ for the debt, just because the CCJ drops off your credit report, doesn't mean the debt has disappeared. They can still pursue the CCJ through the Courts, but there are 'hurdles' for them in that, they would have to explain why they have left it this late to pursue.

[Cos69]

Sorry Echat11,

Thank you for your swift reply.

I should of explain better.
there are 3 different matters in my post :

1- CCJ was served for a debt that I was not able to defend as I was between different address so woke up with it in NOV 2016 (can they still chase the debt, have not heard anymore from them)

2-is the thread that I started in 2016, after filing my defence online, and asked for the credit agreement have not heard bk with regards that debt....what is happening there ?

3-a different debt that I made in 2011 and received the last letter from Lowell in May 2016 , are chasing me now for payment via text , i know what debt they are on about ( based on the info do I need to pay, or not, can I legally avoid court action and other consequences CCJ ?)

The bottom line is that all the wrong doing is my fault, I admit, young and reckless . However is causing me great stress and really trying to fix my credit, so that hopefully in the near future will be eligible for mortgage.

Could you please share your view and advice on the matter.

[echat11]

1- CCJ was served for a debt that I was not able to defend as I was between different address so woke up with it in NOV 2016 (can they still chase the debt, have not heard anymore from them)

Because there is a CCJ against you, yes. If you are saying you didn't receive the CCJ documents as you were not resident at the address the documents were sent too, then you can try to 'set a side' the CCJ,


2-is the thread that I started in 2016, after filing my defence online, and asked for the credit agreement have not heard bk with regards that debt....what is happening there ?

Click on your user name, then look for threads started by you. If you've not heard anything, after requesting documentation, then it could be that the case has been stayed.

3-a different debt that I made in 2011 and received the last letter from Lowell in May 2016 , are chasing me now for payment via text , i know what debt they are on about ( based on the info do I need to pay, or not, can I legally avoid court action and other consequences CCJ ?)

If you've not made a payment in the last 6 years and not admitted the debt in writing in the last 6 years, then the debt is statute barred. So although the debt exists, it can't be chased through the Courts.

You can send them a statue barred letter.