Lowell Portfolio (Barclays) have issued a County Court Claim....help!

[classylady18]

Hee hee i like it

[noomill060]

(dont use the dead horse argument in Court!)

[gravitas]

I think? there are two forms of assignment, one equitable (rights and benefits), and one absolute (with obligations)

 

 

How you find out from them I dont know? but once you put your counterclaim in, I am sure you will soon find out:grin:

 

Lowell will be Equitable - they buy the rights and benefits but the obligations belong with the original creditor who was responsible for the build up of any illegal charges etc

 

Sorry about lateness of reply

[classylady18]

Thank you Gravitas

 

Do you know how i would complete my counterclaim / POC ?

[steven4064]

On assignment - this assignment is contractual under the Law of Property Act 1925 rather than in equity.

 

One question - is this for back charges or credit card charges? (they are different in that the former are covered by the test case and the latter not, a case for the former is likely to be stayed) - I'm assuming this is bank charges.

 

Since the two cases (Lowells chasing you and you chasing Barclays) are seperate, what would happen is that Lowells case would go ahead, probably ending with a CCJ for you, and the Barclays case wouldbe stayed pending the test case outcome (2 years?). Eventually, you would get the money but would have been paying Lowells and living with a CCJ in the meantime.

If any one thinks otherwise or can think of a different way forward, please say so - I am thinking aloud a bit here.

 

IMHO you need to get the two cases linked and then stayed. Once the test case is over, the case can go ahead and Barclays debt to you will pay yours to Lowells and leave you with some over, particularly as interest will accrue in the meantime.

 

So I think you do need to add Barclays - details of adding parties are here

 

I don't think you will gey Barclays to willingly agree, so you will have to apply for a court order using a form N244 and pay £75. There may be a fee for the counter claim too, which you would get back.

 

So, you make an application for three things:

 

1. that, since the debt to Lowells is made up entirely of charges (which you assert to be unlawful and which are currently the subject of a test case between the OFT and Abbey National plc and 7 others) added to the account by Barclays, you ask the court for an order joining Barclays to the case pursuant to CPR Part 19.2 (2) (a)&(b)

 

2. that, since the charges are the subject of the above mentioned case and Barclays is a party to that case also, that this case be stayed pending the outcome of the test case.

 

3. that you be given the right to amend your defence and submit a counterclaim once the OFT case is resolved.

 

How does that sound? Anyone?

Edited August 7, 2008 by steven4064
LPA is 1925 not 1920

[classylady18]

I am really worried now that i am going to get a CCJ. I wish i hadnt sent my AOS saying i was going to defend, i feel like i have opened a can of worms here. I dont feel experienced enough to fight this.

 

I am seriously considering trying to get an advanc eon my mortgage to pay this off.

[steven4064]

Classylady

 

Please don't panic

 

I think you have a really good chance of heading off a CCJ - after all you do not owe this money. In fact they owe you.

 

Where is the case now? Have you been sent an allocation questionnaire yet?

 

Wait a little while and see what anyone else thinks about my strategy. I have had one comment so far from another team member.

 

Then we'll help you get an application in and see these pond-life off.

[steven4064]

I think you should write to Barclays as soon as possible asking them to be joined to the case (they will almost certainly refuse, but I think you have to ask)

[your address]

 

Barclays Legal and Compliance

Litigation and Disputes

Level 29

One Churchill Place

London

E14 5HP

 

[date]

 

Dear Sirs

 

Account number: xxxxxxxxxxxx

The above account held by myself was sold to Lowells despite the fact that the balance is made up entirley of bank charges and interest levied thereon.

 

Lowells are currently taking me to court for recovery of this balance (Claim number XXXXXX in the XXXXX County Court).

 

As you are aware, the charges levied on this account by Barclays are currently the subject of a test case (OFT -v- Abbey National plc and 7 others) before Mr Justice Smith and to which Barclays are a party.

 

Since this is material to Lowells case against me, I wish to joint Barclays to that case pursuant to CPR Part 19.2 (2)(a)&(b) so that the matters in dispute can be resolved and to which matters Barclays are obviously connected.

 

Please confirm your agreement to Barclays being joined to case XXXXXX. If I do not hear from you within 7 days from receipt of this letter, I will assume your agreement.

 

Yours failthfully

 

Classylady

Send a copy of the letter to the court and to Lowells. Edited August 6, 2008 by steven4064
spurious smiley

[classylady18]

Hi Steven,

 

I have not had an allocation questionnaire sent to me yet. I received the initial Claim Form from Northampton Courts dated 21st July, the 14 days days are up on friday i think. They should have recieved my acknowledgement of service yesterday (i hope).

 

Do they send me an allocation questionnaire out when i they receive my form back?

 

I will send this letter to Barclays today and copy to Lowells and Northampton Court.

 

I'll try not to panic..!

 

your help is really appreciated Steven

[classylady18]

Am i right in thinking that i should not sign my name at the bottomo of the letter? Ive heard of DCA's copying signitures etc etc

[classylady18]

Steven - As the account is no longer open do i need to reword this bit....

 

The above account held by myself was sold to Lowells despite the fact that the balance is made up entirley of bank charges and interest levied thereon.

[steven4064]

You should sign these letter. It's only when there is a disputed CC agreements that you need to be careful.

 

Yes, amend the sentence as you suggest.

 

You will be sent an AQ by the court in due course. If the initial claim form was dated 21 July, you have until 18 August to get in you defence.

 

I think you should also write to Lowells asking for a copy of the Notice of Assignment that you should have been sent to comply with s136 of the Law of Property Act 1925 when they aquired the alleged debt. Let's put pressure on these guys. Again copy the letter to the court.

[gravitas]

If your really worried about this and this is just a thought why dont you approach Lowell, in writing if thats your preference and ask if they would consider an out of court settlement whereby you pay by instalments, worst case scenario they may want you to sign a consent order saying they can go for CCJ if you fall behind with the instalments so set the level realistic

 

Other than that if you want to fight it follow the above good advice

[classylady18]

I have a letter from lowell informing me that the debt had been sold on 30/01/2008 and been appointed as collection agents. Is this the notice of assignment??

[classylady18]

I think it could be a good idea to offer a repayment to them but i could only afford £30 a month - then i could issue a claim against Barclays, which of course will be stayed, but at least i could aviod a CCJ

[steven4064]

I have a letter from lowell informing me that the debt had been sold on 30/01/2008 and been appointed as collection agents. Is this the notice of assignment??

I think that is the notice of assignment. I hadn't realised it ws so recent - often you can catch these people out because their admin is appalling.

 

I don't think you need to choose between the two approaches. It is still early days. You could try and get it stayed as I have suggested and, if that fails, come to an arrangement with Lowells before any court date. You probably have several months before any reasonable court date. However, I think you have a strong case to bring in Barclays and get the whole thing stayed. Even better, there is a good chance that Lowells will send the whole thing back to Barclays.

[classylady18]

So do you suggest that i still send the letter to Barclays?

[steven4064]

Yes

 

As I said, I think there is an excellent chance of seeing this lot off completely so I would advise going down that route (it's up to you of course)

[classylady18]

Ok i will send it in tonights post

[classylady18]

Just a quick question....

 

I have never asked Lowells for any CCA for my debt, is this something i should try and obtain from them? I have a feeling that they wont have anything to produce - as far as i can remember i increased my overdraft over the phone so woulnt have signed anything...

 

Any ideas??

[steven4064]

If it's a bank overdraft then there won't be a CCA anyway. There will only be one if it's a credit card or loan account.

[classylady18]

Ok just wanted to check !

[classylady18]

Hi,

 

Can somebody help me draft a letter to Lowells offering a repayment of £30 a month if they can withdraw the court claim against me. I'm thinking of going down this route after having a good think about my options.

 

I am really struggling to raise the court fee to defend their claim so i feel i have no other option.

 

I hope someone can help...

 

Thanks CL

[noomill060]

If you are on a low income the court will waive your fee.

[classylady18]

Hi Noomill,

 

What is classed as a low income?