Lowell/carter claimform - creation finance credit card **DISCONTINUED+COSTS**

[shedder101]

Hi everyone

 

At the end of Oct 09 I received a court summons from a solicitor and Lowell finance for several hundred pounds. I had in the past denied this debt to them using template's letters and telephone calls and never admitted to the debt, the day after the summons I had a letter from the said solicitor saying they were going to court for the full amount as i failed to pay them.

I am not one to be frightened by injustice and therefore completed the defence form on the summons refusing to accept the debt, I explained I had contested the debt and been abused on the telephone, requested copies of paperwork ect and sent it back to the court.

I received a letter confirming i had posted a defence and it would be sent to the solicitor listed, they then had 28 days to say if they wished to continue with the claim, they may contact you directly. After the 28 days had lapsed the summons was dismissed, they had to show all the paperwork to me they had on this claim, "put up or shut up time".

Needless to say I herd nothing from them at all it is now well over the 28 days and I fell justified in my actions.

Please do not be alarmed by court papers,

these people use this fear to make you pay,

if 99% pay they have won so my defiance they ignore,

it cost them according to the papers £55 court cost and £70 solicitors cost and they lost.

In this country you are innocent until proven guilty and if they cannot provide you with the paperwork how can they defend the claim.

These people need to be closed by the government messing with peoples life's like this

hope my experience helps others

[shedder101]

Hi

 

i had a CCJ from lowell finance solicitor and i defended it fully and won, they failed to provide evidence and did not continue the claim therefore i believe it was stayed.

 

on the forum some one said how about defendants bill of costs can some one tell me what this is and how to go about it

 

many thanks Shedder

[buzby]

Sorry - your post doesn't make sense.

 

You either have a CCJ or you do not. If it went to court and you lost, you have a CCJ (but not otherwise).

 

If an action was 'stayed' it would be for a stated reason, and would be up to the Pursuer to re-instate the action to have the case heard again, once the reason for the stay had been achieved or met.

 

Lowell are debt collectors - it is rare they would sue you as you can easily tie them in knots over the debt assignation. As for defendants costs, this has to be asked for at the time of the case being concluded in court. It cannot be added later as an afterthought.

[shedder101]

sorry I wasn't clear

 

court papers were issued by lowell through a solicitor for a debt I didn't owe having used templated letters denying the debt to them.

 

I entered a defence denying the claim.

 

I received a letter from court saying my defence had been sent to the claimant and they had 28 days to apply for a continuation otherwise the claim would be stayed and they would have to apply to a judge to continue the claim, I might hear from the claimant directly.

 

It is now over six weeks I have herd nothing from court or lowell, I posted what had happened and some one said about defendants bill of costs and I also wanted to understand what this was and what I can do to clear the CCJ as somewhere it has been recorded against me? or what will happen next.

 

I intend to defend it what ever happens as I do not owe this debt

 

Any help would be appreciated

[buzby]

If the case was stayed - you do not have a CCJ. (Did you get your credit file?). You'll know the court reference, call ther court and ask them what is happening.

 

You can only claim costs when the case comes to court, and it hasn't yet.

[shedder101]

Thanks Buzby

 

I have done all this on line and have looked on the site and nothing shows. It good to know I don't have a ccj and i thought it was strange for lowell to take such action as they failed on several ocations to provide me with any documentation.

 

As for my credit report I was going to do it after xmas to see what's showing

 

Shedder

[boswell]

Lowlife again - no surprises there!!!

[buzby]

No surprises. They invariably fail at the documentation stage, as this is often inpossible for them to source if the debt is sold on. Good luck!

[shedder101]

many thanks I will keep you informed of any update

[diddydicky]

you MIGHT have a CCJ - if they have not contacted you for 6 weeks they might have managed to sneak a summary judgementation - you NEED to check with the court

[shedder101]

Having posted a defence to the court on-line, I received a letter stating the case had been moved to my local court and informing me a copy of my defence had been sent to the claimant.

 

They had 28 days to decide to proceed with the claim else, it would be stayed and could only be moved forward if they applied to a judge to lift the stay.

 

having undertaken some research as well as personal experience I had to sue in small claims court a company who defended the claim, I had to provide all the evidence I had to the defendant in advance so they could defend it, this had to be done in the 28 days from receiving the defence, then a date for the case to be herd was set and the paperwork had to be with them and me 28 days before that and both sides had to put copies in to court, to cut a long story short they lost

 

I have herd nothing from the claimant or the court for 7 weeks so I fell confident it has been stayed. I would like to find out about getting it removed all together or something as I feel its disgusting that they can take someone to court with no evidence and put me through all the problems in defending it and then ignore due process without being punished.

[shedder101]

just like to keep you updated

 

it has now been 12 weeks since i put in my defence and i have herd nothing

 

I am now willing to bet I won

 

don't let them think they can frighten people with court orders

 

fight them Lowell finance rubbish

[buzby]

If it HAD been stayed, you would have been send a notification confirming this.

 

I wouldn't assume that becasue you havent; heard anything that's an end to the matter. Ask the court for proof that the matter has been disposed of.

[Belaflat]

If it HAD been stayed, you would have been send a notification confirming this.

 

Not so Buzby...I too have a stayed case and it was only when I phoned the Court that I found out. No notification by letter or any other form.

I recieved a letter from the Claimants legal department asking me for my reasons for defending and that was the last I heard.

[shedder101]

yes Buzby

 

I have called the court they say no further action to be taken its passed back to the defendant

[buzby]

Good to hear, although as for them NOT providing written confirmation of this is an abomination (especially for something so important as this).

 

It would appear courts have their local 'policies' in what constitutes a necessary communication, and my local court DO advise of stays as not to do so can leave a defender in limbo (especially as the pursuer is unlikely to volunteer this information at any stage).

[shedder101]

I couldn't agree more, they were a bit abrupt I thought the letter from the court stated they had 28 days they told me and then if no response it was stayed.

 

some form of communication of that fact would have helped as it does stay on your mind.

 

just a quick follow up question,

 

now that it is stayed would that show up on my credit report ?

[twofoot]

No it won't be on your credit file.

[diddydicky]

Not so Buzby...I too have a stayed case and it was only when I phoned the Court that I found out. No notification by letter or any other form.

I recieved a letter from the Claimants legal department asking me for my reasons for defending and that was the last I heard.

 

i think the court advises you when it receives your defence that it will be put to the claimant and if the claimant does not indicate his intention to proceed within 28 days will be automatically stayed and the only application the claimant can then make is to lift the stay

 

therefore saving duplication

[Belaflat]

As a matter of interest, what sort of time frame would be considered reasonable before an application to lift the stay was made.

For instance, if it had been stayed for 1 year, would it be lifted without question.

At what point would a request to lift a stay be viewed unfavourably.

[sarnie2109]

I had mine for 3 years but it was set a side today, although I did have a doctors letter to back my case.

[shedder101]

I would like today to post an update to this thread

 

if read you will see i defended an action from Lowells solicitors when they issued a CCJ and as they did not do anything in october last year I got the action Stayed.

 

forgot all about it

 

I had call to look at my credit report this month and notice some soft enquires from Lowell since found out they were just checking where i lived, no CCJ on my credit file at all in fact very little was on it that is the way i like it.

 

surprise today i receive a demand for payment from Lowells solicitor the one who took me to court with a bunch of statements from the creditor showing an address with dates from 2005 to 2007 i moved out of in 2002

 

his letter says that clears it up so pay up .

 

i have responded with a copy of the letter from the court stating its stayed, a letter still demanding proof the debt is mine and telling him if he keeps this up i will have him for harassment.

 

question? can i do him for harassment and if so how do i do it

 

i am getting a bit annoyed with these bozo's now

 

sending CCJ and not following through

[buzby]

Realistically, no.

 

A 'CCJ' is something that is at the END of a court process, so you cannot state that 'Lowells issued a CCJ'. Similarly, the database of record for CCJs are advised by the court to Registry Trust. Your Credit File may or may not show it, it just depends on them parding the information correctly. so not seeing a CCJ on your file is no guarantee there isn't one lurking somewhere.

 

If you gotr their action stayed. then they have no CCJ.

 

Harassment would need to be severe, and is a criminal complaint, not civil, so it is not withing your powers of a small claims action to pursue them for it, unfortunately.

[shedder101]

bit confused now

 

I had a court order CCJ form sent to me in October from Northampton

 

i filled in the defence part denied the debt

 

i had a letter from the court stating the 28 day rule and stayed as they never responded to my defence until today 10 months later with junk and asking to get paid.

 

i send another letter asking for proof the debt is mine

 

so what happens now do i keep shredding the crap from them or live with it for ever until one dies

 

what more can i do:???:

[buzby]

By Northampton, I'm assuming you mean the English Courts central processing centre...? Fine, so far I'm with you - and Lowells had no part in this, other than initiate the action.

 

Can you clarify what you mean by 'the 28 day rule'? If you stated your defence, then the usual process is to transfer it to your local court for a formal hearing. It would not be 'stayed' simply on the basis of your statement in defence.

 

I wouldn't shred anything until you can find out what they are on about - especially if this is the same debt, or them chasing another (unrelated) one?