Received a court claim, I have no clue of what I am doing.

[nemesis45]

Re: Received a court claim, I have no clue of what I am doing.

Basically without the agreement the debt cannot be enforced.

nem

[Diana M]

Re: Received a court claim, I have no clue of what I am doing.

I still haven't heard anything at all yet.....I'm taking this as a good sign.

You filed your Defence on 21st November and the court sent it to the Claimant on the 24th November so they have until the end of next week to inform the court if they wish to continue with these proceedings or let the claim become stayed (a pause button).

Their silence is neither a good or bad sign, but it is a sign that they haven't got the documents in their possession at this moment in time. Long may that situation continue

Check with the court to see if the claim is stayed after the Christmas Holidays.

Di

[IceAgeIce]

Re: Received a court claim, I have no clue of what I am doing.

I spoke too soon.

I have received a letter from Lowell Solicitors (actually 3 letters in the same envelope)

The first one reads like this:

Our client: Lowell Portfolio Limited
Our ref:
Claim number:

We refer to the above matter and can confirm receipt of your defence.

We can confirm that the JD Williams account was opened on 9 June 2012. The account was subsequently defaulted on 17th April 2013. The last payment made to JD Williams on this account was on the 17th August 2012.

In support of this we are requesting a copy of the agreement, statement and default notice from JD Williams with whom you originally entered into the agreement. Whilst we endeavour to provide evidence of the debt as soon as possible, you will appreciate this is dependant upon receipt of the information from the original creditor. We note you have requested a copy of the Deed of Assignment, however the deed of assignment is a confidential agreement between our client and the original creditor that contains personal information which you have no reason to be privy to. Therefore it will not be provided to you. No other contract or an "instrument of novation" exists which our client is under an obligation to provide you with.

However, we enclose a copy of the notice of assignment. Please note this is for your information only. As far as our client is concerned, the outstanding balance is due and owing and no verification of your liability to pay the outstanding balance is required.

As you have filed a Defence this matter will progress through the small claims track and you should respond to any correspondence that the court sends to you.

Your sincerely
Lowell Solicitors Limited.

The other 2 letters included are dated June 19th 2014. One of the letters states that JD Williams sold my account to Lowell in march 2014. The other letter is similar, stating 'formal notice' that Lowell now own the debt.

Still no sign of the CCA though (yet) I'm not sure what my next move should be?

I'm going to google Small claims track, I don't really know what they mean by that.

[nemesis45]

Re: Received a court claim, I have no clue of what I am doing.

I spoke too soon.

I have received a letter from Lowell Solicitors (actually 3 letters in the same envelope)

The first one reads like this:

Our client: Lowell Portfolio Limited
Our ref:
Claim number:

We refer to the above matter and can confirm receipt of your defence.

We can confirm that the JD Williams account was opened on 9 June 2012. The account was subsequently defaulted on 17th April 2013. The last payment made to JD Williams on this account was on the 17th August 2012.

In support of this we are requesting a copy of the agreement, statement and default notice from JD Williams with whom you originally entered into the agreement. Whilst we endeavour to provide evidence of the debt as soon as possible, you will appreciate this is dependant upon receipt of the information from the original creditor. We note you have requested a copy of the Deed of Assignment, however the deed of assignment is a confidential agreement between our client and the original creditor that contains personal information which you have no reason to be privy to. Therefore it will not be provided to you. No other contract or an "instrument of novation" exists which our client is under an obligation to provide you with.

However, we enclose a copy of the notice of assignment. Please note this is for your information only. As far as our client is concerned, the outstanding balance is due and owing and no verification of your liability to pay the outstanding balance is required.

As you have filed a Defence this matter will progress through the small claims track and you should respond to any correspondence that the court sends to you.

Your sincerely
Lowell Solicitors Limited.

The other 2 letters included are dated June 19th 2014. One of the letters states that JD Williams sold my account to Lowell in march 2014. The other letter is similar, stating 'formal notice' that Lowell now own the debt.

Still no sign of the CCA though (yet) I'm not sure what my next move should be?

I'm going to google Small claims track, I don't really know what they mean by that.

Small Claims Track for County Court Claims of less than £10K a somewhat less formal process than Fast and Multi Track Claims.

nem

[IceAgeIce]

Re: Received a court claim, I have no clue of what I am doing.

Small Claims Track for County Court Claims of less than £10K a somewhat less formal process than Fast and Multi Track Claims.

nem

Can they do that before they have provided me with the information I requested?

[nemesis45]

Re: Received a court claim, I have no clue of what I am doing.

Can they do that before they have provided me with the information I requested?

Unfortunately yes, the claim in this type of claim rarely if ever have the documents in their possession when they issue claims.

Which is why they has to obtain agreements etc., from the original creditors.

nem

- - - Updated - - -

Can they do that before they have provided me with the information I requested?

Unfortunately yes, the claim in this type of claim rarely if ever have the documents in their possession when they issue claims.

Which is why they has to obtain agreements etc., from the original creditors.

nem

[IceAgeIce]

Re: Received a court claim, I have no clue of what I am doing.

Thanks nem.

The buggers! Any clue as to what my next move should be now?

[nemesis45]

Re: Received a court claim, I have no clue of what I am doing.

Thanks nem.

The buggers! Any clue as to what my next move should be now?

Start by looking at the defence templates for defences in the green box at the top of the " court claim " forum so you get an idea of content and format.

Watch out for anything from Lowell Solicitors and the court.

nem

[Diana M]

Re: Received a court claim, I have no clue of what I am doing.

I'm going to google Small claims track, I don't really know what they mean by that.

The main difference between the Small Claims Court and the other tracks is neither party gets their legal costs paid by the other side whether they win or lose (except in a small number of cases where there have been conduct issues).

You will also be offered free telephone Mediation in the Small Claims Track if you want to settle a claim without going all the way to Trial. Any Mediation settlement is not a CCJ although it will be legally binding.

Di

[IceAgeIce]

Re: Received a court claim, I have no clue of what I am doing.

I hope I am not speaking too soon again, but I just wanted to post a quick update to say I haven't heard anything since December.

I'm not sure what to make of that? :-)

Hope everyone is having a great New Year so far :-)

[charitynjw]

Re: Received a court claim, I have no clue of what I am doing.

Hi

Have you phoned the court to check on the status of the claim?
The Claimant has sent some correspondence to you, but have they sent anything to the court?
They were given 28 days to do so. (see your post #56)

[IceAgeIce]

Re: Received a court claim, I have no clue of what I am doing.

Hi Charity,

I will ring them in the morning and update with what they say. Should I just ask them for an update on the claim?

[charitynjw]

Re: Received a court claim, I have no clue of what I am doing.

CCBC staff can't (or shouldn't) give legal advice, but they can give you details of the claim 'journey' through the various stages.
Ask them whether the case is stayed, & whether or not the Claimant has responded to the court order (28 days for reply to defence).

[IceAgeIce]

Re: Received a court claim, I have no clue of what I am doing.

I finally got around to ringing them.

It has been stayed. The guy I spoke with said that if Lowell wish to pursue it still, they will have to write to the court, and explain why they didn't do it within the time limit, and they will have to pay the court £100.

He said there is no CCJ's on it.

I feel this is a positive thing, I can't see Lowell pursuing it now or they would have done so already?

Thank you so much to everybody who helped me, when I got that court claim months ago I went into a panic mode about it, I don't know where I'd be now with this if it wasn't for everyone on here.