Received County court claim form from Lowells

[ODC]

Well they will need one if they hope to obtain judgement against you

[tomterm8]

So, what day do you need to acknowledge by, and file a defence by?

[dannyboy660]

Looks like they're banking on Judgement by default, or waiting for you to poo your pants and back down.

 

Be sure to defend. Lowell are not the creditor, and they have at no point proven to you they have legal ownership. No-one in their right mind would just start paying a third party who claim you owe them money without first checking it out. Remember, they paid pennies for this alleged debt anyway, not it's true value.

 

In fact, I can't see anything to stop you filing a claim with MCOL and getting docs sent out to them in the hope they miss the deadline and then YOU can get a judgment by default against them. Play them at their own game as it's just another bully tactic. In fact, anyone who's been threatened by Lowell should do the same. They got rid of their CCJ's ready for the sale but wouldn't it be great to give them a few back!!!

 

 

This debt must be worth their efforts - or perhaps they do have the paperwork in which case you have been incredibly unlucky. If in the unlikely event you do end up with a CCJ, make sure you only offer what you can afford, (like a fiver a month;) ), because with a court order in existence they are stuffed for their pestering and it'll cost them more than it's ever worthwhile which is why they don't normally bother. It just isn't worth the expense to them.

 

Lowell. The lowest form of fecula yet seen.

[pblackie]

Issue date was 15/10 so defence needs to be in by 16/11 by my calculations ( issue date + 5 days = date of service + 28 days = date defence needs to be in) but I am going to call the court to double check.

[maggieboo]

This debt must be worth their efforts - or perhaps they do have the paperwork in which case you have been incredibly unlucky.

 

but if they did have the paperwork surely pblackie should have had it sent to him by lowells? they can't keep it hidden away until it goes to court can they? or am i just being a bit thick and missing the point?

[ODC]

It would seem from the tone of the letter from Hampton iLegal that they are winging this one hoping you will fold. If they were sure of winning their case why else would they be offering to negotiate. Submit your defence and demand for documents and see how smart they are

[tomterm8]

Issue date was 15/10 so defence needs to be in by 16/11 by my calculations ( issue date + 5 days = date of service + 28 days = date defence needs to be in) but I am going to call the court to double check.

 

Ah... just make sure you acknowledge service:)

[pblackie]

Did that on the day I received the paperwork from the court, now let's see if Lowell/Hampton are as prompt with their paperwork

[dannyboy660]

but if they did have the paperwork surely pblackie should have had it sent to him by lowells? they can't keep it hidden away until it goes to court can they? or am i just being a bit thick and missing the point?

 

Hi Maggie,

 

Yes you are absolutely right. The decent/legal thing to do is to prove beyond doubt the debt is enforceable and legally owned by them. The ownership thing rests largely on whether you acknowledge the debt AND Lowells right to collect. The original contract is still with the OC, not Lowell, they are just an interested third party....

 

I'm thinking along the lines of it's another bullying tactic - but with the chance of Lowell getting a judgement by default.

[Belaflat]

Dont give in to them pblackie, even if they produce what appears to be a valid CCA. They seem to be good at scaremongering but up to date, my experience has shown they lack the mettle to carry it through if defended.

[vogelrok]

Good luck with this pblackie.

 

dealing with the same thing on behalf of the wife. but with moorcroft and mls solicitors.

 

the will do everything they can to get a default against you. just stand your ground listen to the likes of rory and curlyben, they will help you all the way.

[tooth_fairy]

Good Luck pblackie

Am I right in thinking that Northampton Court is a bulk issuing centre and therefore a lot easier for DCA's to get court papers prepared from?

Also, I believe pblackie that IF LOWells do take you to court, you have a right to have it heard in a court closer to your home anyway.

 

Lowells really are the **** of the earth, on a par with Robinscum Way.

 

Wishing you the very best with this.

[Curlyben]

Bear in mind that while Northampton is indeed the Bulk Centre, once defence is filed it will automatically be transferred to the defendants local court.

[ODC]

Bear in mind that while Northampton is indeed the Bulk Centre, once defence is filed it will automatically be transferred to the defendants local court.

...............providing they live in England or Wales. They have no jurisdiction over residents of Scotland, Northern Ireland or the Republic of Ireland.

[Belaflat]

Hmm, so if we were to move to bonnie Scotland, would the 5 year limitations apply then...

[ODC]

Hmm, so if we were to move to bonnie Scotland, would the 5 year limitations apply then...Yes and unlike the rest of the UK the debt is actually written off too.:o

[itsamomentintime]

subbing this one

[tomterm8]

Hmm, so if we were to move to bonnie Scotland, would the 5 year limitations apply then...

 

Well, any contracts you entered into when you were in england are almost certainly governed by english law, and

 

Prescription and Limitation (Scotland) Act 1973

 

[F1 23A.

Private international law application.

— (1) Where the substantive law of a country other than Scotland falls to be applied by a Scottish court as the law governing an obligation, the court shall apply any relevant rules of law of that country relating to the extinction of the obligation or the limitation of time within which proceedings may be brought to enforce the obligation to the exclusion of any corresponding rule of Scots law.

 

(2) This section shall not apply where it appears to the court that the application of the relevant foreign rule of law would be incompatible with the principles of public policy applied by the court.

 

(3) This section shall not apply in any case where the application of the corresponding rule of Scots law has extinguished the obligation, or barred the bringing of proceedings prior to the coming into force of the M1 Prescription and Limitation (Scotland) Act 1984.]

Annotations:

Amendments (Textual)

F1

S. 23A inserted by Prescription and Limitation (Scotland) Act 1984 (c. 45, SIF 97), ss. 4, 5(2)

[dannyboy660]

Off topic

[ODC]

Well, any contracts you entered into when you were in england are almost certainly governed by english law, and

 

Prescription and Limitation (Scotland) Act 1973

 

[F1 23A.

Private international law application.

— (1) Where the substantive law of a country other than Scotland falls to be applied by a Scottish court as the law governing an obligation, the court shall apply any relevant rules of law of that country relating to the extinction of the obligation or the limitation of time within which proceedings may be brought to enforce the obligation to the exclusion of any corresponding rule of Scots law.

 

(2) This section shall not apply where it appears to the court that the application of the relevant foreign rule of law would be incompatible with the principles of public policy applied by the court.

 

(3) This section shall not apply in any case where the application of the corresponding rule of Scots law has extinguished the obligation, or barred the bringing of proceedings prior to the coming into force of the M1 Prescription and Limitation (Scotland) Act 1984.]

Annotations:

Amendments (Textual)

F1

S. 23A inserted by Prescription and Limitation (Scotland) Act 1984 (c. 45, SIF 97), ss. 4, 5(2)

Could we have a plain English Translation. Should we all move to Scotland or not:-D

[tomterm8]

Could we have a plain English Translation. Should we all move to Scotland or not:-D

 

My reading is that if the debt's made in england, and therefore (probably) governed by english law, any limitation period will stay the same even if you move to scotland.

 

As for moving to scotland, it's full of midges, but has good wiskey.

[ODC]

As for moving to scotland, it's full of midges, but has good wiskey.

I think Dannyboys idea of moving to France sounds a better plan then. Then of Course that will be ended when the European Debt Rules come into force.

[tomterm8]

I think Dannyboys idea of moving to France sounds a better plan then. Then of Course that will be ended when the European Debt Rules come into force.

 

if he moved to france, he would get a CCJ in england, then it would be enforced in france.

 

If you REALLY want to escape, go to Turkish cyprus, where the government isn't recognised (at the moment) by Europe.

[Belaflat]

As for moving to scotland, it's full of midges, but has good wiskey.

 

True but its also full of delicious geese and me being the type who likes to go out and forage for some fresh food now and then.....bang bang..Roast greylag.....hmmmmmm, scrummy.

[ODC]

if he moved to france, he would get a CCJ in england, then it would be enforced in france.

 

If you REALLY want to escape, go to Turkish cyprus, where the government isn't recognised (at the moment) by Europe.

I'll stick in the UK and use the law to defeat the DCAs.