Lowell Financial round 2!!

[ODC]

You have your defence then

 

1. The alleged debt is Statute Barred by virtue of S5 of The Limitation Act 1980

 

Remember LOWLIFE must prove a payment was made by YOU or someone acting with YOUR authority. You have to prove nothing

 

2. The document supplied in response to your CCA request was illegible and you are unable to ascertain that it contains ALL the prescribed terms.

 

3. The POC is vague and does not show the account number, the sum owed, the date of assignment of the alleged debt nor the daily interest sums they will be seeking.

 

4. They have not provided proof that the Notice of Assignment was served on you in accordance with S136 of the Law of Property Act 1925

 

The summons is a complete joke and IMHO designed to scare you into ringing their threat monkeys

 

You really should make a formal complaint to the OFT, TS and your MP. They should not be pursuing a disputed debt

[markwareham7]

I've just dug out some old paperwork from lowells. Along with all the threat letters, all I could find is some statements of the account in question. I can't find the cca they sent, and it's got me thinking. When I cca requested them, I think I might have just recieved these statements. The statements are dated between the years 2000-2008. I think 2008 is when they bought the debt. The only payment showing on these statements is a payment I made in 2001. All the other month are 0.00. So this debt is surely statute barred and these statements surely prove that right?

 

On a seperate statement from lowells however, there is a payment of £112 which I think I payed them in 2008 when they rang me with their scare tactics. That payment does NOT re-open the already statute barred debt right?

[unclebulgaria67]

 

Do you personally think i should defend? Also last year, i cca requested them and they sent a poorly photo copied sheet of paper with my sig on, thats all as far as i can remember.

 

If you don't defend you are showing weakness, which Lowell will love. Another CCJ by default. If you defend they have to make the case, by proving to the court that they have the proof to make the debt enforceable.

 

Don't delay any further. Acknowledge to the court and send the letter to Lowell asking for information.

 

If Lowell look into the matter, following your letter, they may find that they cannot proceed, so will withdraw. If you don't bother to deal with this and allow the default to happen, you will never know.

[markwareham7]

If you don't defend you are showing weakness, which Lowell will love. Another CCJ by default. If you defend they have to make the case, by proving to the court that they have the proof to make the debt enforceable.

 

Don't delay any further. Acknowledge to the court and send the letter to Lowell asking for information.

 

If Lowell look into the matter, following your letter, they may find that they cannot proceed, so will withdraw. If you don't bother to deal with this and allow the default to happen, you will never know.

 

will send acknowledgement to the court and the letter to lowells tomorrow. Quick question about the letter to lowells, in the letter it says they have 7 days to act, what if they don't act within the 7 days?

[unclebulgaria67]

If they don't supply within 7 days, you notify the court of this and ask them to throw out Lowells application.

 

Make sure you tell Lowell that you have documentary proof that the debt is statute barred, but don't tell them what the proof is.

[markwareham7]

Hey guys,

 

Its been over 7 days since i sent the letter to lowells. Not recieved anything back, so exactly what do i do next. Am i right in thinking that i write on the defense form that i believe the debt to be statute barred and that i sent a leeter to lowells asking for those details but never recieved them, and do i also send a copy of the letter that i sent to lowells?

[unclebulgaria67]

Yes sounds about right. If you have statements showing no payment since 2001, I would also include copies of these. The statements are you main proof, so hope these do prove that 6 years passed without payment. From your earlier post, it appeared the debt became SB'd, sometime in 2007.

 

The main point is that the debt is statute barred. You can include supplementary points about the lack of response to your CPR letter and other points you wish to make. But if the SB is proved, then secondary points would be irrelevant.

 

Before any hearing the judge will look at the information and if Lowell cannot show you have made a payment to make the debt enforceable, then their application will be turned down.

[Halibutt]

If you sent your information request letter to Lowell by Royal Mail Recorded Delivery and you have the receipt slip, it would be worth sending a photocopy of it, along with the trace & track screen print from the Royal Mail website to the Court, along with your copies of letters.

 

That would show that Lowell received it and did not comply with your information request. That would be further proof to the Court that what you are claiming in your defence is true.

 

Good luck!

[mothsinmywallet]

I've just discovered I might be in the same boat. Again Experian alerts have seen 2 unrecorded entries by Lowell Financial at the end of last month (the girl from experian says its not illegal and they have a right to search for a new address) I presume its for an old Barclaycard debt which has been through 4 DCAs and because of a poor microfiche copy of a CCA they have all "returned to sender"!!! It looks like Barclaycard have got fed up and sold it on. Its been going on for the last 3 years thats why the address has changed in the meantime hence why Lowell have searched the files.

 

Now with Lowell searching do you think they were searching credit info for a mortgage? And go for a charging order..... the sure fire way they would get the balance in the end.

 

I have not heard from them yet, and I sold my house 4 months ago and rent now so they haven't got a cat in hells chance of a charging order.

 

I'm ready to fight them, at least they have bought the debt now so

if I can kill them off it should kill the debt off.

 

Subbing to this thread to see how easy they back off....

 

Best of luck OP!!!

[markwareham7]

I've just discovered I might be in the same boat. Again Experian alerts have seen 2 unrecorded entries by Lowell Financial at the end of last month (the girl from experian says its not illegal and they have a right to search for a new address) I presume its for an old Barclaycard debt which has been through 4 DCAs and because of a poor microfiche copy of a CCA they have all "returned to sender"!!! It looks like Barclaycard have got fed up and sold it on. Its been going on for the last 3 years thats why the address has changed in the meantime hence why Lowell have searched the files.

 

Now with Lowell searching do you think they were searching credit info for a mortgage? And go for a charging order..... the sure fire way they would get the balance in the end.

 

I have not heard from them yet, and I sold my house 4 months ago and rent now so they haven't got a cat in hells chance of a charging order.

 

I'm ready to fight them, at least they have bought the debt now so

if I can kill them off it should kill the debt off.

 

Subbing to this thread to see how easy they back off....

 

Best of luck OP!!!

 

 

You raise an interesting point in my case. In one of te letters i recieved awhile ago, they said "we know you own a house". I wish i owned a house!! I rent! lol. Shows how thorough their research is!!

[markwareham7]

Defense is all done, I included statements which prove that no payment was made between 2001 and 2008 which makes the debt statute barred. I also included a copy of the CPR repuest that i had no reply to.

 

Hopefully this all goes well. Watch this space, will update when i hear something.

 

Thanks to everyone that has helped so far!!

[ODC]

You can expect the Leeds Losers to come up with an imaginary payment or an attempted payment just to pretend it isnt Stat Barred.

 

Unfortunately for them they will just be clutching at straws

[markwareham7]

You can expect the Leeds Losers to come up with an imaginary payment or an attempted payment just to pretend it isnt Stat Barred.

 

Unfortunately for them they will just be clutching at straws

 

 

Oh I hope they do! The proof I sent to the court were statements sent to me by them, so if they go to court with the same thing but with a changed payment, they will look so silly and I would imagine, could be in a bit of trouble!

[markwareham7]

Hey guys,

 

A little update. Around 28 days ago i recieved a letter from the court saying they had recieved my defense, and sent a copy to lowells. It also stated that lowells may contact me to try and settle (they havent) and that lowells have 28 days to reply to the court, otherwise the case will be stayed.

 

Today i recieved something called a Allocation questionnaire. What is this? I have to fill it out and send it to the court near where i live. There's questions also pointing to me actually having to go to court to defend in person. I wasnt aware this would happen, i thought it could all be dealt with through mail.

 

Anyway, if someone could shed some light as to what all this is and what will happen next, id appreciate it.

 

My thanks as always

[unclebulgaria67]

Sounds a bit odd, being that Lowell have failed to supply the information. Perhaps because nothing has happened after 28 days, they send this out automatically and once your local court receives it, they send letters to both parties with a hearing date. This then gives a point of focus to address the original claim made, to resolve it.

 

Just complete and send to your local court. I wouldn't worry too much about any hearing. IF and its a big IF Lowell turn up, they will have to prove their case, but before any hearing they will have to provide details to you and court of any evidence they will be using. So if they don't have any evidence they will either withdraw or not turn up.

[markwareham7]

Hey guys,

 

Quite a big update with a question. Right, so i recieved a court date, which is this tuesday, november 2nd. I wrote to the court recently, saying that i wouldnt be attending on medical grounds, but to take a written statement in my absence. They would have recieved that today, so the letter i recieved today has nothing to do with the letter i sent. This is where my question enlies...

 

This is the general gist of the letter i recieved today.

 

"General form of judgement or order

 

Dear markwareham7

 

Before district judge jones sitting at coventry county court, 140 much park street, coventry

 

IT IS ORDERED THAT

 

1. Claim struck out at 4pm 5th November 2010 unless by then the claimant has paid the Hearing fee.

 

2. Final hearing vacated and re listed to allow time for compliance with previous direction which will continue to apply.

 

3. Parties to provide Court by 4 pm 12th November 2010 details of any dates within the next 3 months on which they or their witnesses are available with reasons.

 

4. Any party affected by this order may apply to the court to have it set aside varied or stayed.Such application must be made in accordance with CPR part 23 within 7 days of service of this order by 4.00 p.m. on the 7th day. Dated 27 October 2010"

 

 

 

Now this letter has confused me somewhat as the case hearing isnt untill tuesday 2nd nov, so could someone please translate this into english please

 

Much appreciated as always

[markwareham7]

bumpy

[Lemmein]

subbing

[markwareham7]

subbing

 

 

Subbing?

[unclebulgaria67]

 

"General form of judgement or order

 

Dear markwareham7

 

Before district judge jones sitting at coventry county court, 140 much park street, coventry

 

IT IS ORDERED THAT

 

1. Claim struck out at 4pm 5th November 2010 unless by then the claimant has paid the Hearing fee.

 

2. Final hearing vacated and re listed to allow time for compliance with previous direction which will continue to apply.

 

3. Parties to provide Court by 4 pm 12th November 2010 details of any dates within the next 3 months on which they or their witnesses are available with reasons.

 

4. Any party affected by this order may apply to the court to have it set aside varied or stayed.Such application must be made in accordance with CPR part 23 within 7 days of service of this order by 4.00 p.m. on the 7th day. Dated 27 October 2010"

 

Reading between the lines.

 

1) Lowell have not paid the court hearing fees, so their case against you will be struck out if they do don't pay by the date shown.

2) A judge must have given previous instructions as a direction, I am presuming to Lowells for them to prove the debt is enforceable. ( A phone call to the court would clarify this)

3) Court wants to know when Lowells and yourself will be available. So if you have been suffering from ill health, the court would want to know to the best of your knowledge, when you can attend and why you would be fit at the time to attend.

4) On 27/10/10, the court made this order as the fee had not been paid by Loweel so no attendence was confirmed. 7 days given to resolve this.

 

I suspect that Lowells, if they can't prove the debt is enforceble will just allow their claim to be struckout. If they want to continue they will have to pay the fee and confirm their avaliability.

[babybear39]

Subbing =subscribing, which I'm doing now by making a post on your thread.

 

Have a look at my dealings with idiots inc.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?279656-BB-V-The-Leeds-Losers-Freemans.com&p=3180619#post3180619

[markwareham7]

Can anybody translate the above letter I received from court please. Thankyou.

[markwareham7]

Scrap the last post, just seen unclebulgaria has already translated. So it's back to waiting this is all great fun! Lol. Thanks unclebulgaria.

[unclebulgaria67]

Can anybody translate the above letter I received from court please. Thankyou.

 

I have given my understanding of the letter. You have been inside this process. What do you think has happened here?

[markwareham7]

I have given my understanding of the letter. You have been inside this process. What do you think has happened here?

 

I think you are right sir. Lowell have not paid the court fees. I believe the debt to be unenfocable, i think lowells believe it to be to. I think they were just trying it on in the hope that i will call them and give them some money. One thing that does suprise me though is that they have taken it this far.

 

I will of course update when i have something new to report