Lowell threat

[Ferrety20]

Hi I'm new on here my partner has just received a court letter from lowell addressed to her x boyfriend(who has never been registered as living there) demanding £1700 for a provident loan took out about 5 years ago and apparently was paid to the agent/collector who then ran off with the money she had been collecting from people, they have given 12 days to answer to the letter summons the letter looks like a photo copy. Can you please advise me thanks in advance.

[Ferrety20]

Re: Lowell threat

And in the particulars of claim they are saying the Defendant failed to maintain the required payments and a default notice was served and not complied with and the agreement was later assigned to the claimant on 29/08/14 and notice greatly venue to the Defendant,the original loan was about £400 which was all paid but like I said in other post the agent was pocketing the money's paid to her.

[Joanna C]

Re: Lowell threat

Firstly you will need to acknowledge service of the claim. If it is issued by the County Court Business Centre there will be a password shown on the middle right hand side of the claim form. You have 5 days from the date of issue shown for service and then a further 14 days to acknowledge it. This then allows a further 14 days for the filing of the defence.

it would be a good idea for your partner to send a statutory request under s. 77 (as it appears to be a loan) of the Consumer Credit Act with a £1.00 postal order to Llowells - LB has a template you can use.

Send CPR 31.14 request to Llowrlls solicitors requesting a copy of any documents mentioned in the particulars of claim I e agreement, assignment, default notice - LB has a template you can use.

Would also suggest sending a SAR under the Data Protection Act to Provident requesting all data they hold on you. Enclose the £10 statutory fee. Again LB has a template you can use.

[MIKE770]

Re: Lowell threat

CCA Request || CPR 31.14 Request

[Joanna C]

Re: Lowell threat

CCA Request || CPR 31.14 Request

Thanks Mike770 for posting the links!

[Debt Camel]

Re: Lowell threat

my partner has just received a court letter from lowell addressed to her x boyfriend(who has never been registered as living there).

Is she in touch with her ex? Because it is he who needs to be given the court form to return and he who should be asking for the relevant documents to be sent to him.

It's not your partner's problem.

[Ferrety20]

Re: Lowell threat

She's not in touch with her ex so doesn't really know what to do would her address get the ccj? or how does it work can they give a ccj to someone who has never lived at that address and without them knowing anything about it? I'm confused to say the least but thank you for all the help and advice all future help welcome.

[Arcadian]

Re: Lowell threat

She's not in touch with her ex so doesn't really know what to do would her address get the ccj?

No, a CCJ only applies to a person, not to an address.

[Ferrety20]

Re: Lowell threat

Would her x get a ccj if he didn't even know about it? Would they need to contact him?

[Ferrety20]

Re: Lowell threat

It's

[Debt Camel]

Re: Lowell threat

yes her ex would get a CCJ.

But there is nothing she can do about this if she isn't in touch with him. She CANNOT complete the dfence forms and reply to the court. She can let the solicitors know that he doesn't live there, he has never lived there and she doesn't know where he is at the moment.

Addresses do not get blacklisted. The fact he gets a CCJ at your address will not affect her credit record (assuming she doesnt still have any joint accounts with him) or yours.

[Ferrety20]

Re: Lowell threat

Hi my partner has now received a judgement of claim ( in default) letter from lowell saying her x has to pay ex amount a month, she has managed to contact x and told him he us going to get ccj,she asked me to ask if there is anything he can do to rectify this because she feels a bit sorry for him as it's not his fault

[Ferrety20]

Re: Lowell threat

I have read that you can ask for original debt documents and stuff on some of the other threads can you help with this please

- - - Updated - - -

Or is it all to late

[charitynjw]

Re: Lowell threat

I have read that you can ask for original debt documents and stuff on some of the other threads can you help with this please
That could have been done a month ago as suggested by @Joanna C (post #3).

- - - Updated - - -

Or is it all to late
Your partner's ex will now need to seek a set-aside of judgment before any further defence could be considered.
http://legalbeagles.info/forums/show...lication-notes

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[Ferrety20]

Re: Lowell threat

Thanks for speedy reply I'll pass it on was that a link for the procedure thanks again and will that halt the ccj action