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Lowells/BW Claim form - old cap1 Credit Card 'debt'


maddiemay
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Received a copy of the N180 from Lowell, so it looks like we're off to court (assuming of course they've paid the fee, and not just ticked the box)! I was just wondering if I need to remind them that they've not complied to my CCA request, past the 12 + 2 days now.

 

Also is there anything I should be preparing for??

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Once a section 77/78/79 request is made...you never send a reminder !!

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I emailed BW to tell them they had included someone else's notice to proceed letter in with mine, no response as usual, do you think I should email again asking them what I should do with it, and indeed, what should I do with it??

 

Maddie

 

could make an official complaint, involve the ICO? maybe let the third party know, so they can complain? maybe compensation?

note, that as is now small claims track the normal CPR part 31 rules re disclosure won't ordinarily apply (31.1), unless stated/ordered otherwise?

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Order received from Northampton today , claimant hasn't yet filed directions questionnaire, nor paid the fee, claimant has 7 days from service to do so or claim will automatically be struck out!

Whilst in one way, I suppose it's good news, but very annoying that they are given a reminder and an extra time, I'm sure courts don't send reminders to defendants and give them extra time!

 

What date would be 7 days from service be, letter dated 10th March?

 

Is, ICO the correct body to contact regarding the letter addressed to another Lowell victim, but enclosed with mine?

 

Thanks

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Order received from Northampton today , claimant hasn't yet filed directions questionnaire, nor paid the fee, claimant has 7 days from service to do so or claim will automatically be struck out!

Whilst in one way, I suppose it's good news, but very annoying that they are given a reminder and an extra time, I'm sure courts don't send reminders to defendants and give them extra time!

 

What date would be 7 days from service be, letter dated 10th March?

 

Is, ICO the correct body to contact regarding the letter addressed to another Lowell victim, but enclosed with mine?

 

Thanks

 

Agreed, very unfair that the claimants are allowed to proceed to issue claims without having the correct documents - fail to meet court deadlines and are given more time.. as you say, it would be most unusual for a defendant to be given this !!

 

Yes, the Information Commissioner would be the one you need to contact regarding the letter sent to you incorrectly.

 

It is very worrying that the solicitor didnt respond to your letter regarding this because it might actually cause the other victim a problem if they havent received this.

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  • 1 month later...

Very annoyed! Seems the few extra days the nice court gave Lowell to pay the £40 and file the directions questionnaire worked out just right for them!

 

Received a Notice of Transfer of Proceedings today!

 

Better start preparing myself for court then I suppose, if anyone gets a spare moment between Easter egg hunts, could you give me a pointer of what to expect next.

 

Thanks everyone, I really thought they'd missed the deadline

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Just a quick further question, I signed up with Experian for a free trial, also checked Noddle, both say the same, nothing on my report except for a red marker for Sigma whoever they may be.

 

I was pretty sure the few things outstanding were coming close the the SB stage, does this change anything regarding the above pending court claim? i.e. would I now enter a SB defence?

 

I had the free trial with Experian a few years ago, so can't get another unless I pay £15.95, to check if this says the same.

 

I am a tad confused because it says I don't have any CCJ's when I know I have, with an old Vanquis debt which I lost miserably in court a few years ago.

 

Score is very low, but that's fine because I will never ever borrow again, EVER!

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Hi Maddie may, sorry no.. once the claim was issued the SB clock stopped ticking :(

 

If the Vanquis CCJ is older than 6 years, then that too would drop off your credit file as I understand it.

 

Just having a read back over your thread to see what is going on :)

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Ok, what happens next - having received the notice that the claim is now transferred to your local court, you will receive a notice from them advising next steps.. either a hearing date or the suggestion that the claim might be suitable for mediation.

 

Have you still not received any documents from them ?

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4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Does it stop ticking, even if was SB when they issued proceedings?

 

If it had been statute barred when the claim was issued then your defence would have been a statute barred defence and we wouldnt be having this conversation :lol:

 

I am extremely surprised they did not respond to your email regarding the receipt of someone else's paperwork. Did you take it further? Information Commissioner perhaps ?

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Uploading documents to CAG ** Instructions **

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Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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I didn't know it was SB or indeed if it actually is, it was on my credit file a few years ago, but not now, why would this be unless it's dropped off as the saying goes?

 

 

you said #19 last payment was may 08. so, is unlikely to be statute barred unless that is wrong? 6 years eng/wales, and a claim form stops the clock.

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No not reported it to ICO, it will become part of the disclosure documents, along with the email asking what I should do with it! Or do you think that's a bad idea for any reason?

 

Unless someone can tell me different I don't believe it has any relevance to your defence.

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  • 1 month later...

Hi guys

Received an order from my local court today, it's a bit if a shock to be honest!

It is ordered that

Unless the defendant (me) files at court and serves the claimant a full defence by 4 pm on 18th June, she shall be debarred from defending and the claimant can be at liberty to enter judgement!

 

I have had nothing since the letter telling me it's being transferred to my local court!

 

Can you help me please, anything you need to know in order to help with the full defence, please feel free to ask.

 

Panicking now!

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Hi guys

Received an order from my local court today, it's a bit if a shock to be honest!

It is ordered that

Unless the defendant (me) files at court and serves the claimant a full defence by 4 pm on 18th June, she shall be debarred from defending and the claimant can be at liberty to enter judgement!

 

I have had nothing since the letter telling me it's being transferred to my local court!

 

Can you help me please, anything you need to know in order to help with the full defence, please feel free to ask.

 

Panicking now!

 

 

No need to panic.

 

You've already filed & served a full Defence haven't you?

 

Just re-send it to the Court with a letter pointing out when it was previously sent. It's probably just an oversight.

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