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Lowell Claimform - old very CAT debt


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Hi all

 

I had a Very Account which was passed onto Lowell Financial and received a Claim Form dated 24th March from their solicitors Lowell Solicitors which I assume are the same people.

 

I then received a letter dated 29th March after the claim was issued that they have issued legal proceedings and I would be receiving the claim against me soon as I failed to make payment or respond to their letter of claim.

 

On 5th March I had a miscarriage and was in hospital since 3rd March and for obvious reasons wasn't well and was recovering, I was given the bad news on 23rd Feb.

 

On opening my mail to see how quickly this claim came about I realised that I was sent a 'notice of Acting' letter from Lowell Solicitors dated 22nd Feb with another letter attached to the same letter dated the same 22nd Feb from Lowell Financial stating they have sent it to Lowell Solicitors to arrange payment.

 

I then received a letter dated 28th Feb a 'letter of claim' stating that they have not heard from me and have been instructed by their client - Lowell Financial to commence legal action and issue a claim.

 

 

There is barely 7 days between the 2 letters and how they expected to allow me time to receive these letters and respond beats me.....

. It then went onto saying that in order to avoid this action contact them by 14th March otherwise action will be taken and costs increased.

 

Due to my miscarriage I hadn't opened my mail etc, then the claim arrives.

 

I called Lowell Solicitors and explained the situation and asked them to retract the claim as I was willing to come to an arrangement and wasn't happy that their timing with letters was unacceptable.

 

The lady I spoke with said she'll allow me additional time for the acknowledgment till 26th April to which I have acknowledged the claim online.

 

I told her my mitigating circumstances and she said the only way they could retract the claim was by my defending it.....

 

I need to defend this as soon as possible regarding the timescale issues and my circumstances,

and that this claim should never have happened had their letters allowed me time to respond to them.

 

I told her that this has just increased the balance and that I am just getting back to normality and I am on working tax credits.

 

I would really appreciate any help towards the defence and any other advice that would help.

 

Regards

IM4347

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Hi,

 

I've moved your thread to Financial legal issues forum, hopefully you will get some help shortly.

 

Regards,

 

Scott.

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POCs

 

 

1) the Defendant entered into a Consumer Credit Act 1974 regulated agreement with Shop Direct under account ref XXXXX

(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 (Lowell Portfolio Ltd) on 16/9/2016 and notice given to the defendant

4) despite repeated request for payment the sum of £xx remains due and outstanding

And the claimant claims

(a) the said sum of £xx

(b) interest pursuant to s69 county courts act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.147, but limited to 1 year, being £27.xx

© costs

 

 

Regards

IM

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If you would read the following link and then copy the Q,s and your responses back here for further advice on how to proceed.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**

 

Regards

 

Andy

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can you see using the details on the claimform as you did with the acknowledgement of claim

and see if you can log in to the claim?

 

if you can we'll give you a suitable defence to file now.

 

 

but we need that link in post 5 done as well please

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thank you Andy & Dx100uk for getting back to me, appreciate it.

 

I was sorting out your post 5 request and whilst doing so i rang the court this afternoon to check timescales for the defence.

 

 

To my horror Lowell have entered a Judgment by Default on 27th April!!

I explained to the court advisor that i had a deadline for 26th April agreed by Lowell due to my circumstance and they said that they have obviously said one thing to me and done another.

 

I filed my acknowledgment 25th April and it was put on the system on 26th April, which has been confirmed by the court today.

 

Lowell sent a Judgment request on 26th and was put on the system 27th April!

i have yet to receive this in the post.

 

After numerous calls to the solicitors today

i finally managed to speak with the person who gave the extension who admitted that yes the extension was 26th April, but its computer generated and the request was apparently made automatically to the court....

 

 

.. She advised me to do a set aside application and hope for the best!

 

 

I wasn't satisfied with this and have asked to speak with a manager who will be giving me a call tomorrow afternoon.

 

I can't believe they can do this!

 

Any advice would be highly appreciated.

 

Regards,

IM

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well sadly their timings are correct

claimform 24th march

def filing date - [day 33] 25th april

 

so they issued a request for judgement

and its been granted.

 

shame you didn't come here a couple of days earlier...

 

you have tried MCOL?

to see if you can lodge a defence even if late...litigants in person are given some lee way

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi Dx100uk

 

Thank you for replying, Lowell gave me an extension for acknowledgment till 26th April and then follow it with the defence which we would have had another 14 days to do so.

 

After speaking with Lowell earlier today they have agreed that 26th was the agreed extension but their computer automatically generated the request for the judgment.

 

I have done the acknowledgment through MCOL.

 

regards,

IM

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A claimant cant give an extension to Acknowledgement of Service ...only a maximum extra 28 days to submit your defence.

 

CPR 15.5

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part15#15.5

 

Agreement extending the period for filing a defence

15.5

(1) The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.

(2) Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.

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Hi Andy

 

Thank you for replying, re your post #10 regarding extension times, Lowell should have known this especially when the adviser went and asked from a manager. They did the extension and said they wouldn't take any further action unless i didn't meet the acknowledgment.

 

I asked them to retract the judgment as they said their computer requested it automatically and i am speaking with a manager tomorrow afternoon.

 

They never advised me to let the court know of the agreed extension on the acknowledgment.

 

Is there anyway i can approach the court with this information?

 

I really need to get this retracted especially when Lowell have admitted giving me the extension for the acknowledgment.

 

Thanks

IM

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not reading things properly again

 

theres no such thing as an extension to acknowledgement.

 

if you and the claimant agree to an extension to defence filing date

then YOU must phone the court and agree to it else it wont happen.

 

so full circle for the third time.

 

can you get onto MCOL still

 

and will it allow you to file a defence by clicking the relevant box ?????

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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shame might have worked if you'd got on here quicker the other day.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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but you weer on the phone to lowells on what date?

 

 

yo've several court threads

you knew the process and the time limits

so I cant really fathom out why you even bothered ringing them.

all they'll do is try and confuse the be-jesus out of defendants so they get a default judgement...

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi Dx

 

I spoke to Lowell on 12th April,

and the only reason I called them was to ask them to retract the claim as I was going through a miscarriage during all this process and the letters they sent 'Notice of Acting', 'Letter of Claim' and 'Notice of Claim Issue' were sent days apart from each other and gave me no time to deal with them,

 

 

hence why they gave me till 26th April for acknowledging it and I understand now from your replies that the extension only applies to a defence.

 

I am sitting here kicking myself because of what I went through and I just didn't think as my mind has been all over the place due to my miscarriage....,

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IMHO that is out of order

they purposefully spoofed you with lies so you messed up

you could have filed a defence and stopped this happening then.

 

though equally you could have come here too and got the right info rather than waiting weeks

if you had then you'd not be in the mess you are in now.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Exactly Dx, believe you me I am kicking myself as to why I didn't come here in the first place as I would have done normally....

 

I only have my state of mind to blame at the time....

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The last day to acknowledge service was Tues the 11th April...the claimant or defendant cannot change this date...its clearly marked in the response pack the necessity of adhering to this date..otherwise the claimant can request a default judgment (anytime after 33 days from the date on the claim form)

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part10

 

However......because the claimant requested judgment on the 25th of April the time for the defendant had not expired (either to AoS or submit a defence) ...33 days is the 25th April (the court applied it on the 26th) so technically they are in by 1 day.....but they requested it on the 25th and therefore there is an error in procedure (CPR 13.2 PD A-C).

 

Its a close call and could be a waste of the application fee (£255) but a court may grant a set a side...its a gamble.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Hi Andy

Thanks for replying, they requested the judgment on the 26th April and the court order has arrived today and Judgment was entered 27th April.....

 

I submitted the AoS on 25th April and it was added to the system 26th at 8am.

 

The Judgment form states the following:

 

You have not replied to the claim form

It is therefore ordered that you must pay the Claimant £xxx with interest to date and costs for £xxx

By instalments of £xx

First payment 26th May

 

I'm on working tax credits will this help towards the fee?

 

Thanks,

IM

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"Lowell sent a Judgment request on 26th and was put on the system 27th April! "

 

So no error then...they requested it at the allowed time.

 

Im afraid WTC is not applicable to fee exemption

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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Hi Andy

 

Thanks for letting me know regarding WTCs, I know Lowell played dirty with us, said one thing to us and did another, but then looking at the time scales they didn't give us no extension, surely this is a valid point to retract the judgment.....

 

Regards

IM

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