Lowell pursuing 10 plus year old debt via CCJ

[FlamingParrot]

Re: Lowell pursuing 10 plus year old debt via CCJ

So I've had the standard response from BC stating that the matter will be allocated to the small claims track & therefore civil procedure rules don't apply!

The Civil Procedure Rules still apply to the small claims track, only Part 31 in particular does not apply, however, the claim has not yet been allocated to any track, that won't happen until you file your defence.

Also you are correct when you say they aren't willing to grant an extension.

I'm psychic! I can read Carter's mind! :lol:

Um, what do I do now? Any help will be gratefully received.

That's his generic response, here is our generic response to his generic response: http://www.legalbeagles.info/forums/...385#post410385 :grin:
Bear in mind you still have to file your defence before the 33 days from date on claim are up, even if you don't receive anything from anyone. :typing:

[Evocoxy]

Re: Lowell pursuing 10 plus year old debt via CCJ

Hi Flamingparrot,

Thanks for your help. The defence part is the but I'm struggling with. Do I just literally say the debt should be statute barred & therefore shouldn't be CCJ'd??

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I can also send that letter back to BC but do you think I'll have a response before I need to file a defence on the 25th? Thanks

- - - Updated - - -

I can also send that letter back to BC but do you think I'll have a response before I need to file a defence on the 25th? Thanks

[Evocoxy]

Re: Lowell pursuing 10 plus year old debt via CCJ

Ok, so this is what I am going to use as my defence. Do you think I should mention that i had the CPR request back from BR stating about the small claims track nonsense & that they wouldnt be willing to grant an extension? Also the fact that I had only sent the CCA request on the 14th? Or leave that out? Do I also mention that its not on my credit file?

I received the claim xxxxxxxxx from the Northampton County Court Business Centre on xxxxxxx.
Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
This claim appears to be for a credit agreement regulated under the Consumer Credit Act 1974.
The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim. The particulars of claim fail to state when the agreement was entered into, the date of any alleged Default or any detail how the sum claimed has been calculated.
The account is statutebarred by virtue of Section 5 of the Limitation Act 1980 in that in excess of 6 years have elapsed since the date on which any cause of action accrued.
The Claimants statement of case states that the account was assigned from xxxxxxxx . The Defendant does not recall receiving notice of this assignment.
It is denied that Welcome Finance served a Default notice on the Defendant pursuant to s87 of Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.
On xxxxxx I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Brian Carter Solicitors. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.
Brian Carter Solicitors have not not sent any of these documents to me.
On the 14/10/2015 I sent a formal request for a copy of the original agreement to Lowell pursuant to s.78 of the Consumer Credit Act 1974 along with the statutory £1 fee.
The Claimant has failed to comply with s.78(1) of the Consumer Credit Act 1974 and by virtue of s.78(6) of the Consumer Credit Act 1974 cannot enforce the agreement.
Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.
In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.
It is denied that the Claimant is entitled to the relief as claimed or at all.

[Evocoxy]

Re: Lowell pursuing 10 plus year old debt via CCJ

Anyone?? lol

[Amethyst]

Re: Lowell pursuing 10 plus year old debt via CCJ

Hiya xxx Just having a read back for you xx

[Amethyst]

Re: Lowell pursuing 10 plus year old debt via CCJ

I received the claim xxxxxxxxx from the Northampton County Court Business Centre on xxxxxxx.

Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

This claim appears to be for a credit agreement regulated under the Consumer Credit Act 1974.

The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim. The particulars of claim fail to state when the agreement was entered into, the date of any alleged Default or any detail how the sum claimed has been calculated.

It is my contention that, if a debt exists, the debt would be statute barred by virtue of Section 5 of the Limitation Act 1980 in that in excess of 6 years have elapsed since the date on which any cause of action accrued.

The Claimants statement of case states that the account was assigned from xxxxxxxx . The Defendant does not recall receiving notice of this assignment.

It is denied that a Default notice has been served on the Defendant pursuant to s87 of Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

On receipt of the claim I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to the Claimant's Solicitors. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

I have not received copies of any of these documents.

On the 14th October 2015 I sent a formal request for a copy of the original agreement to Lowell pursuant to s.78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

The Claimant has failed to comply with s.78(1) of the Consumer Credit Act 1974 and by virtue of s.78(6) of the Consumer Credit Act 1974 cannot enforce the agreement.

Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

I have requested the claimant agrees to an extension of time for the filing of this defence in order to allow them time to retrieve any documents, however they have declined and therefore I am unable to plead further.

I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and I would ask the court to order the Claimants bear the costs of the amendment, as it could have been avoided had they supplied documentation with or following their claim, or had they agreed to an extension of time.

It is denied that the Claimant is entitled to the relief as claimed or at all.

[Evocoxy]

Re: Lowell pursuing 10 plus year old debt via CCJ

Thanks Amethyst, Defence submitted, fingers crossed hey x

[Evocoxy]

Re: Lowell pursuing 10 plus year old debt via CCJ

Once I've entered my defence do I need to do anything else?

[judgemental24]

Re: Lowell pursuing 10 plus year old debt via CCJ

They have 30 dys max to respond or the claim is stayed

[nemesis45]

Re: Lowell pursuing 10 plus year old debt via CCJ

Once I've entered my defence do I need to do anything else?

28 days for the claimant to respond to your defence, after which if there is no response the court
will of its own volition stay the claim.
You will need to check with the court after the 28 days has expired without response as you
will not be informed that the claim is stayed.

If this happens the claimant will have to pay a fee and make application to the court for the stay
to be lifted.

nem

[Evocoxy]

Re: Lowell pursuing 10 plus year old debt via CCJ

Hi Guys,

FYI, it's been 16 days & ive heard nothing from BC about them pursuing the claim so fingers crossed. I've also not received the info from Lowell.

[Evocoxy]

Re: Lowell pursuing 10 plus year old debt via CCJ

I submitted my defence on 22nd Oct & I've heard nothing since!! Does that mean it's over? Is there any way I can check?

[Amethyst]

Re: Lowell pursuing 10 plus year old debt via CCJ

Sometimes the courts are just slow, but it could be your case has been stayed pending a response from the claimants. Best way to find out, if you can bear the on hold music, is to ring the court and check the status of the case.

[Evocoxy]

Re: Lowell pursuing 10 plus year old debt via CCJ

Thanks. Why do they just stay the case rather than dismissing it, if they offer no evidence within the 28 days? Doesn't sound fair that I have to respond within 28 days but they can just apply to have the stay lifted after 28 days.

[nemesis45]

Re: Lowell pursuing 10 plus year old debt via CCJ

Thanks. Why do they just stay the case rather than dismissing it, if they offer no evidence within the 28 days? Doesn't sound fair that I have to respond within 28 days but they can just apply to have the stay lifted after 28 days.

As [MENTION=6]Amethyst[/MENTION] has said ring the court on Monday there is a significant backlog in parts of the
court system. Lowell Carter often go right to the line before submitting/responses.

nem