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backdoor lowells CCJ - LLLoyds Loan - poss already SBd - set aside judgement adjourned


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Hello to all in this wonderful forum !! Also a very BIG thankyou tou all the information being made available from posters :). I am due in county court on thursday 7th for application to set an original judgement aside and would appreciate very much any help or and advice on my best way to deal with the proceedings. If any members has experienced this and can guide me to relevant threads or experience i would be overjoyed as the stress and agro is really getting me down, and up when i realise that thursday is not now and i just want to get into court and state my case

 

thank you in advance :)

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HI and welcome to cag

 

If you can give a few more details what was the original judgement for ?

Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

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I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.

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Hi and Thankyou for your reply Saintly. The original judgement was for an unsecured loan that Lowell Portfolio are climing. They say I owe a sum of 3 thousand pounds and the loan was taken out in 1996 and defaulted in 1997. I made the mistake of contacting them on the phone whoops and in naivity believed them when they offered to extend the court date and change it to my local county court. I have never acknowleded the debt either verbally or in writing, i sent a letter requesting a copy of original loan agreement and other relevant docs. Needless to say they neither sent the requested docs and did not re-shedule court date so the court made judgement in favour of the claimant. I am in court on thursday and have stated this as my defence with the hope that judgement will be set aside to eneble a defence to be properly formed. All and any help advice is gratefully appreciated and thanks again for your reply.

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So there had been no acknowledgement of the debt since 1997? No payment ?

Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

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Thanks Saintly. In the telephone conversation they said a payment had been made in 2001 which i know i ddid not pay. i have not acknowledged the debt and certainly not within the last 6 years which was to be part of my original defence if i would not have believed their lies regarding re-scheduling the court date. i am not sure whether i should just get the judgement set aside or whether to request that the court takes account that i believe the debt to be statute barred and to strike it off. I dont want to confuse matters and get on the wrong side of the court.

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I have asked for another site team member to take a look .

Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

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I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.

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Hi there

 

Just to sum up, and correct me if i am wrong

 

Lowells took you to court ( nice people that they are) and got judgment by default?? ie you never filed a defence, you then have made an application to have the original judgment set aside and that is where we are now?

 

you are in court on thursday for the set aside?

 

is that the size of it?

 

who was the debt with originally?

 

What were lowells particulars of claim on the claim form?

 

just a point but it is for them to prove that you made a payment not for you to prove you didnt;)

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Yes Saintly thats correct, the original debt was with Lloyds, as to the particulars on the claim form were as follows.

 

The Defendant entered into an agreement with the assignor, regulated by the consumer credit act 1974. The Defendant failed to comply with the terms and the agreement was terminated in accordance with the statutory notice of default. The benefits of the agreement were assigned to the claimant on 29/02/08 by Lloyds.

 

and the claimant claims:

1.£3038.61.

2.Statutory interest persuant to Section 69 of the county courts act (1984)at a rate of 8.0000% per annm from 29/02/08 to 16/04/08 £0.00, and thereafter at a daily rate of £0.00p to date of judgement or sooner payment.

 

agreement ***** 29/02/08

 

Ref: ********

 

Doesnt make sense to me but hopefully I can Come out of this without paying and also be able to help and advise others against these tricksters.

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I hope anyone reading this thread are happy with the outcome or with the proceedings of their disputes :). I am posting this because i have attended a county court hearing today that was to request a judgement to be set aside. Has anyone experienced the judge not setting aside but adjourning and ordering the caimant to supply payment details that they claim have been paid but i dispute? Any input would be gratefuly recieved

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I've read your posts, this should have been thrown out by the judge...the debt is statute barred !!! are they claiming you have paid within the last 6 years ??

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

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IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

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Hi I hope am posting this in the relevant section. I attended county court yesterday to request judgement to be set aside. I did not attend the original hearing due to the fact that Lowell person told me on the phone that the court date was going to be changed and also the court location, I had phoned them (foolishly i realise now) to inform them that i wanted to see credit agreement, payment details and other information regarding the claim, I also wrote to them after the conversation requesting the same. Needless to say they had lied and no documents arrived.

 

I stated this as my defence and in court yesterday, The claimant thought he was there for a charging order and and not the set aside hearing and he had to have some details e-mailed to him regarding the details that i had requested. The judge said he was assuming that this was my debt and adjourned the hearing and ordered the claimant to send proof of payments that the claimant said i had made in 2002 to me and that they had to comply within 14 days.

 

The Claimants solictor had his laptop and pointed out to the judge that the proof of the payments were on it. The judge insisted that they had to send me the details and stopped the claimants arguing. The claimant seemed very upset with the judge and stormed off at the end.

 

 

Could someone please help me to understand what this means and also advise me regarding exactly what documents are sufficient proof and which would not be. And if there is anything else i need to do.

 

I am just hoping hat they dont have the details as i am sure i never made them and they have made my life a misery. Thankyou in advance I just wish I had found this wonderful site a few months earlier

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I have merged your threads so people reading get a fuller picture.

 

This thread http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/146530-have-you-received-threatening.html may be of interest to you

Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

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Please Donate if you can - help CAG help others

 

I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.

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Thanks 42man sorry for missing your reply but after yesterdays court appearance i was a little innebriated last night and didnt get online. The judge has said that the debt will be statute barred unless the claimant can proove to me that i paid within the six year period. He has ordered them to send the proof within 14 days. their legal rep seemed very perturbed to say the least an stormed out after the hearing. Even if I ened up having to pay the 3 grand i will always remember seeing that greasy little scrote squirming and throwing a tantrum like a child, I just thanked the judge. fingers crossed here that they aint got the proof cos am damn sure i never paid in year they claim.

Edited by bradz1711
forgot to include comment
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Don't forget to claim your costs too...!!!

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Thanks 42man.

 

Well i hope that my intuition about them not having the details is correct. If i do come out without paying there are 2 certainties.

 

1. i will reclaim costs

 

2. I will donate 50% of them to this site.

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Hi tinkerbell thanks for reply and support. It amazes me that these Edit are even allowed to get to court let alone be allowed to exist. The judge seemed fair yesterday i wonder if thats why the greasy scrote stormed off lol

Edited by saintly_1
possily liabelous
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Hi I wonder if anyone could advise or point me in the right direction. I had a judgement to set aside and in my defence i stated that i required proof of payment from the claimant. They claimed in court that I had made a payment within the 6 year period and I denied. I explained that To the best of my knowledge and in all honesty that I had made no payments at the time they claim. The judge ordered them to send me the proof within 14 days. Couple of questions I am asking are.

 

1. What type of proof are they required to give me and which would not prove sufficient?

 

2: If in the event that I dont recieve them within the period where do i stand?

 

I would expect them to leave it till last minute before they let me have them to give me less time to respond.

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Bradz....update your original thread, stick to the same one if you can then people can see the rest of the story...

 

it is here...

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/154945-set-aside-judgement-adjourned.html

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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If the judge has given them 14 days to provide proof, then they will have to provide it. So it looks like they have until the 22nd ?? August to comply...either way the CCA argument is still relevant too. you can neither deny or admit to the debt and you wish to bring the claimant to proof to provide an agreement that is compliant, otherwise there is higher court law to say that without it then the debt cannot be enforced.

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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As a safeguard it might be wise to send off for a copy of your Consumer Credit Agreement

 

A CCA request is a formal request for them to send you a copy of your Consumer Credit Agreement, without it (and bear in mind it MUST contain the prescribed terms) then they cannot enforce the debt legally. You need to send this with a £1 postal order.

 

If you want convincing read this...

 

Consumer Credit Agreements - A letter from the Parliamentary Under Secretary Of State

 

You can find the CCA request here, letter 'N' - Creditors and DCAs - Letter Templates & Budget Planner -they have to provide this within 12+2 working days or they fall into default of your request - which also means they can't enforce the debt.

 

You need to send the CCA request to Lowells

Send it by recorded/guaranteed delivery, do NOT hand sign it, DO IT TODAY !!

Edited by 42man

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Thanks 42man. I wrote a letter to Lowell requesting a copy of CCA but when went to court for set aside the judge asked was it my debt or did i have a debt from around that time? I said that I was aware that I had outstanding debt but was unsure of time taken out or ammount, The judge said we assume that this is your debt but order claimant to provide details of last payment if they couldnt then the debt is statute barred. If I request CCA from Lowell will it not interfere with courts request?

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When did you request the CCA ?....

 

Are they in default already ?....if so then you would need to bring that up in the court also....

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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