Court papers and Lowlife 1 ltd.

[Belaflat]

Due to change of address (relationship troubles) mail sent to my old address was returned to sender.

Subsequently after daughter visited me, a letter from Lowlifes was given to me.

Rang the court and quoted reference number and they sent out the papers again which I received this morning.

There is nothing but the response pack in it so I dont have the particulars of claim and also no notes for defendant which the claim pack refers to.

I have never CCAd Lowlifes but obviously that is now No 1 priority.

Where do I go from here, do I contact the court for full particulars of claim as I dont know exactly what they have stated (although I have an idea) so dont know what I am going up against.

Do I fill in the acknowledgement of service to buy time?

What is the procedure with the CCA request as although I realise they cannot start action whilst the account is in dispute, they have already initiated this action.

Thanks in advance.

BF

[bennyowen]

Belaflat,

I will suggest you phone the court to get more information on the case including particulars of claim. Telephone will be quicker, not letter. When you get more information from the court, you will then know the next course of action.

Meanwhile CCA is a good idea. Also, if the matter has to do with unlawful bank charges, then start by requesting statements of account or credit card account (Subject Access Request - Data Protection Act 199.

Also, if they have put any default in your account following the unlawful charges, then say so in your preliminary letter.

The suggestions above are not specific because you have not provided enough information. For example, what is the court case about? Do you owe the company? Is the debt sold to the company from another lender or bank?

If you give more information, you will get better advice.

[Belaflat]

Hi Benny, thanks for advice.

I specifically leave some details out as I dont like to think that I could be identified by Lowells from those details. Call me paranoid but I wouldnt put anything past them and I am sure they browse boards like these for information.

The details I will give are that it was for a loan but Lowells claim is some £2000 higher than the defaulted amount. Lowells claim ownership of the debt

If I S.A.R - (Subject Access Request) the original lender than is that tantamount to admitting liability?

[bennyowen]

If you Subject Access Request the original lender, they are legally bound to submit the details if within the last 6 years. This is not about liability because you agree that you have a loan with the lender. Since you have a loan with the lender, you are liable to pay that loan as agreed in the terms and conditions of the loan.

However, if you have defaulted by not paying for sometime and then incurred charges, you can claim back the charges using the same principle of claiming back unlawful bank charges. But you will still pay back the loan outstanding or at least keep to the payment arrangement of the loan.

The £2000 extra claim they are requesting from you will be revealed in a Subject Access Request. A Subject Access Request is the only way you can get the unlawful charges added to your loan. When you know the charges added to your loan, you can then pursue them for refund.

You do not need to provide any sensitive information in this forum. Just give enough information that will allow somebody here to understand the situation and provide the best suggestion.

Shout if you don't understand anything.

[Belaflat]

Ok, will send off CCA request to Lowells first then.

I take it I will need to ask both for the agreement and the deed of assignment which gives them the right to pursue this debt.
If they cannot provide, end of story.

[bennyowen]

If they cannot provide it, you will be able to use their court case against them by submitting a defence to strike out their claim for failing to adhere to CCA request being a contravention of the Consumer Credit Act (CCA).

However, make sure you receive the POC (particulars of claim) so that you will know how to respond to their claim.

[Belaflat]

OK, an update.

Have been on to Court who have sent me some new papers.
Strange thing is that although the papers were deemed served a couple of months ago, Court records show judgement has not yet been applied for.

The letter I had forwarded to me from Lowells offered me settlement terms at a monthly rate or a full and final if I contacted them otherwise they would go for judgement. If they are so sure of thier right to this money, why are they waiting instead of going for my throat and getting judgement straight away.

I have been advised to fill in the defence form as the acknowledgement of service would be pointless as it has already gone past the 28 days.

I have sent of a CCA request for the agreement and deed of assignment to Lowells and am wondering if it is received before judgement is entered, does that prevent them applying for judgement due to it being in dispute or can they get a default judgement by default anyway.

Obviously time is now not on my side but the chappie I spoke to at the Court said if that judgement was entered in the meantime then I could get it set aside as it was served at an old address.

Need some good advice on this one please.

[Belaflat]

Anyone out there can offer any advice...please...

What do I put to defend this, can judgement be stayed due to CCA request being delivered?

Up to date judgement has not been entered and CCA request not yet signed for.

[tomterm8]

Type the P.O.C. up. (minus private details)


Fairly standard defence:

You need to submit something today. remove 3. if the case is brought by the original creditor.

1. I appologise for not responding to this claim sooner, as It was sent to an old address and I only recieved it today. I have no knowledge of the alleged debt, and have not been able to investigate the matter further as yet. I therefore do not admit or deny the debt, and put the claimant to strict proof thereof.

2. On XXX I sent a request under the consumer credit act for a true copy of the executed Credit Agreement, and a statement of account detailing the principal, and all charges and fees made in respect of the debt, the claimant received the request on and the claimant has so far failed to send me the required information.

I would respectfully submit the debt is unenforceable under the Consumer Credit Act 1974 until such time as the claimant provides the necessary information.

3. The claimant states the alleged debts were purchased from XXX. I have not received a notice of assignment for the alleged debts from the original creditor. I therefore put the claimant to strict proof that privity of contract exists between the claimant and Defendant.

4. I have not received a copy of any default notice from the claimant, and ask that the claimant provides the court with a true copy of such a notice, and with some form of proof of postage that this notice was sent to the correct address and was served with the proper notice before this claim was submitted .

5. During the period in which the Account [was] operating the Claimant and/or original creditor debited numerous charges to the Account in respect of purported breaches of contract on the part of the defendant and also charged interest on the charges once applied. The defendant understands that the claimant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

6. The defendant contends that:

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Claimant; exceed any alleged actual loss to the Claimant in respect of any breaches of contract on the part of the Defendant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Claimant which exercises the contractual term in respect of such charges with a view to profit.

b) The contractual provision that permits the Claimant to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and under common law.

7. Therefore, in addition to asking the court to order the disclosure of the credit agreement, notice of default in the form required by the Consumer Credit Act 1974, and notice of assignment in the form required by the Law of Property Act 1925, the defendant also requests that the court order the claimant to disclose a list of all charges made to the account and a list of the costs associated with each charge for the last 6 years in order for them to prove that the debt amounts the the amount claimed.

8. The defendant respectfully asks the permission of the court to amend this defence when the above documents are provided by the claimant.

[Belaflat]

Thanks tomterm8, just done a track on the CCA request and it hasnt yet been signed for.
As soon as it is, I will put in your letter.

Just as an addition, I have been forwarded another letter which offers to suspend or cancel judgement if I refinance through an advisor they can put me in touch with.

Amazing isnt it, they are dealing with me because of financial problems and here they offer to let me dig myself even deeper into a hole.

[bennyowen]

Belaflat

Some RECORDED delivery do not get updated on the Royal Mail website even when it has been signed for.

I hope you are sure the current address you used for the CCA is valid.

I will suggest that you allow them to apply for their default judgment if they so wish. You can then proceed to set it aside for non service of documents being an old address.

You can clarify the registered address of the company from Companies House at:
Companies House (click on webcheck)

[bennyowen]

You cannot stay a judgment if it has not been entered.

[tomterm8]

Originally Posted by bennyowen

Belaflat

Some RECORDED delivery do not get updated on the Royal Mail website even when it has been signed for.

I hope you are sure the current address you used for the CCA is valid.

I will suggest that you allow them to apply for their default judgment if they so wish. You can then proceed to set it aside for non service of documents being an old address.

You can clarify the registered address of the company from Companies House at:
Companies House (click on webcheck)

I do not believe it is advisable for you to let them apply for a default judgement. Once this is done, you are in a worse position as you would need to show that there is some chance of a defence being accepted.

It is better, in my view, to defend.

yeah... make sure you have the right address

[Belaflat]

I used the address which was used on the Court Papers which is the same as the address at the bottom of Lowells letters, Apex View.

I was told it could be set aside by the Court staff member I spoke to so not overly worried but I thought it would be less hassle not to go that road.

Still baffled as to why they have not gone for judgement so long after the papers were deemed served.

You cannot stay a judgment if it has not been entered.

I will re-phrase that, since judgement has not yet been entered, by putting the account into dispute, can it prevent it being applied for.

[tomterm8]

It might be a little trick, but I might suggest calling Lowells in a "panic", telling them you only just recieved the "judgement" and asking them if it was possible for them to suggest an advisor to "refinance the loan". LOL. Might buy you enough time to do everything properly

[varbene]

take care with these sharks. they have been isuuing statutory demands for bankruptcy and not following them through. i ignored everything they sent me following an initial phone conversation, did not sra or cca them and received a stat demand so ignored that too.

after several more threats inow find myself dealing with another dca as lowell clearly feel they dontwant to go to court and they were getting nowhere with me.

not suggesting ignoring them is the best course of action but worth beaing in mind tey do tend to be shy abot going to court.