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CCJ from Lowell Portfolio (EveryDay Loans)

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  • CCJ from Lowell Portfolio (EveryDay Loans)

    Received a claim?
    Issue Date: 14 September 2016
    Amount approx: £3400
    Claimant: Lowell Portfolio I Ltd
    Solicitor: Lowell Solicitors Limited
    Original Creditor: Everyday
    Particulars of Claim:
    1)The Defendant entered into a Consumer Credit Act 1974 regulated agreement with Everyday under account reference 1104******* (the Agreement)
    2) The Defendant failed to maintain the required payments and a default notice was served and not complied with.
    3) The agreement was later assigned to the Claimant on 19/06/2014 and notice was given to the Defendant.
    4) Despite repeated requests for payment, the sum of £3010.** remains due and outstanding
    And the Claimant claims
    a) The said sum of £3187.06
    b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum of assigmnent to the date of issue, accruing at a daily rate of £0.699, but limited to one year, being £254.96
    c) Costs
    Is the debt Statute Barred?
    List any letters you have sent: None yet!
    Any Other Info:


    Hi all,

    I hope you can help me. Around 5-6 years ago I was in a real mess with a gambling addiction and spiralling Payday Loans. I somehow managed to take out an Everyday loan, which I did not repay.

    I have moved address a lot in the last few years, and could have missed letters. But got this Claim Form come through last week.

    I desperately want to clear my credit file, but not sure how to handle this claim. I have had 2 Payday loans that had CCJs issued against me, both for around £1000. I had to borrow money to pay them in order to stop the CCJ being filed.

    I will not be able to borrow £3400 to stop this one. Is there anything I can do to stop this?

    Really appreciate your help! I have other CCJs being issued at the same time also, and it is stopping me from sleeping/being able to work as I am sick with worry.

    Thank you!


    - - - Updated - - -

    I am planning to acknowledge the claim and ask for 28 days, ASAP this week. Once I receive my login details back from MoneyClaimOnline.

    Should I also send both template letters to Lowell? The CCA request, and also the CPR request???
    Tags: None

  • #2
    Re: CCJ from Lowell Portfolio (EveryDay Loans)

    Hi all,

    It is possible to get any help with this please? I have sent the CCA and CPR requests last week. I have also completed the AOS.

    Do I just wait until the last minute now to see if I receive a reply from Lowells?

    And then make a defence based on what I receive/do not receive back??

    Thanks again

    Comment


    • #3
      Re: CCJ from Lowell Portfolio (EveryDay Loans)

      OK ... so you've acknowledged the claim, and sent the CCA and CPR requests yes??

      Here's a link to a template defence for you to look over - http://legalbeagles.info/forums/show...t-Court-Claims

      Make sure you keep an eye on the court timescales ... you have 33 days from the issue date on the claim form until your defence is due (http://www.timeanddate.com/date/date...aw=&ad=33&rec=)
      From Wednesday, 14 September 2016
      Added 33 days

      Result: Monday, 17 October 2016
      xx
      Debt is like any other trap, easy enough to get into, but hard enough to get out of.

      It doesn't matter where your journey begins, so long as you begin it...

      recte agens confido

      ~~~~~

      Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

      I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
      But please include a link to your thread so I know who you are.

      Specialist advice can be sought via our sister site JustBeagle

      Comment


      • #4
        Re: CCJ from Lowell Portfolio (EveryDay Loans)

        Hi, thanks for getting back to me! So sick with worry about this.

        Yes, I sent CCA and CPR request last week. Should I wait... or send defence this week?

        Comment


        • #5
          Re: CCJ from Lowell Portfolio (EveryDay Loans)

          send defence a few days before the 28 days up then Lowells etc have little time to complete requirements/.

          Comment


          • #6
            Re: CCJ from Lowell Portfolio (EveryDay Loans)

            That is a large balance for a payday loan - do you think it is accurate?

            Do you remember if you just had one loan from them or did you borrow repeatedly?

            If you had a lot of other payday loans, you should look at whether you can get a refund of interest paid: http://debtcamel.co.uk/payday-loan-refunds/. People have got refunds by going to the Financial Ombudsman even with a bad gambling addiction evident from their bank statements. This isn't going to be quick - it may well take 6 months - but hopefully at the end you may get some money.

            Comment


            • #7
              Re: CCJ from Lowell Portfolio (EveryDay Loans)

              Hi all,

              I filed my defence near the due date last month. It has now been 30 days since I filed the defence, as described but heard nothing.

              What is the next step?? I just have to sit and wait?

              Thanks

              Comment


              • #8
                Re: CCJ from Lowell Portfolio (EveryDay Loans)

                Originally posted by odos View Post
                Hi all,

                I filed my defence near the due date last month. It has now been 30 days since I filed the defence, as described but heard nothing.

                What is the next step?? I just have to sit and wait?

                Thanks
                Check with the court office to see if the claim is stayed (suspended) you are not informed if this happens.

                nem

                Comment


                • #9
                  Re: CCJ from Lowell Portfolio (EveryDay Loans)

                  Is there any advantage to it being stayed? Or it it just a ticking time bomb waiting for them to come up with the documents they need to take the claim further? Or would they have to start all over again?

                  Comment


                  • #10
                    Re: CCJ from Lowell Portfolio (EveryDay Loans)

                    Originally posted by odos View Post
                    Is there any advantage to it being stayed? Or it it just a ticking time bomb waiting for them to come up with the documents they need to take the claim further? Or would they have to start all over again?
                    A stay is open ended unfortunately but you should make sure that the claim is stayed so that you are not caught out.
                    The claimant must pay a court fee to lift a stay.

                    nem

                    Comment

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