Lowell/BW claimform - old cap1 'debt'

[dx100uk]

pay us something before we have to discontinue the claim me thinks

begging letter

dx

[ChrisS1968]

Sure hope so, thanks DX.

[ChrisS1968]

OK, getting a little anxious now....

This is my case status copied from MCOL a moment ago.

Your acknowledgment of service was received on 10/02/2015 at 14:00:36

Your defence was submitted on 01/03/2015 at 14:42:03

Your defence was received on 02/03/2015 at 01:00:40

When is Lowells cut off point for responding please?

Cheers, Chris

[AndyOrch]

28 + 5 days service...why are you anxious?.....they wont respond and the claim will be stayed.

 

Andy

[ChrisS1968]

Thanks Andy.

 

If it is stayed is that it or is there the option for them or any other blood suckers to have another crack at it in court?

[AndyOrch]

A Stayed claim is nothing more than a parked speculative claim.....the claimant can make application to proceed in the future...or reassign it and another Assignee who could instigate litigation...

 

 

Crystal Ball time.

 

Andy

[ChrisS1968]

Hi all,

Sorry to be a pain. Just checked the case status and its still showing as Défense.

Should that not have changed by now or will it just hang like that?

Cheers, Chris

[AndyOrch]

They have 33 days from .....

 

Your defence was received on 02/03/2015 at 01:00:40

[ChrisS1968]

Hi all,

Its now well over 33 days but the claim is still live as far as I can tell from MCOL.

The last entry on it is my defence which I submitted on the 2nd of March and thats it.

There have been no new entries on my part or on the part of Lowells.

Will this just hang there now if its stayed?

I was under the impression that if they failed to follow up the claim it would be struck out?

Cheers, Chris

[dx100uk]

nope its 'stayed'

 

 

dx

[ChrisS1968]

Thanks DX.

now that its stayed will it just sit there indefinitely or until someone else takes up the case?

Could this particular claim be reopened at a later date even or would it be a new claim?

Whats puzzling me is that if Lowells could provide evidence to support their claim then why haven't they?

Surely if there was a case Lowells would have followed it through to the end and get a judgement of sorts.

[dx100uk]

its called issuing a speculative claim hoping for a non contested default judgement.

it sits there until whatever happens.

prob nowt

go read a few threads here

[Ganymede]

MCOL has pretty much come to an end for you, there's nothing further for you to submit on it.

[AndyOrch]

Nothing to strike out until a claim is allocated to track.

 

Andy

[ChrisS1968]

Almost eight years ago on CAG you helped me defend an old Capital 1 debt being chased by Lowell.

The original thread can be found here:

 

I defended it as Statute Barred and they failed to respond to the defence I submitted within the 28 days period.

The claim stopped and that I thought was the end of that.

Not in their eyes it seems though.

Almost eight years on and they are texting and writing to me again.

I'm not worried because its definitely SB now 100%.

Now I know the golden rule is don't phone, don't email or write etc but after such a long period of time can I reply and go tell them to multiply?

At the very least what they are doing is unlawful harassment?

The letter actually states that if "you don't engage with us, we will continue to contact you by phone, email or letter. We may also pass your account onto a third party debt collection company to contact you on our behalf"

This cant be allowed surely?

[dx100uk]

it can because effectively the issuance of a court claim halted the SB clock but it was already SB'd upon claim issuance.

send them our SB letter from the debt collection section of our library.

then if they do continue under CONC you might have some fun.

dx

 

[ChrisS1968]

Thanks for that DX, I'll get that done.

Had a read of the section 7.15 Consumer Credit Sourcebook and they are certainly acting outside of the rules. I'll see what they have to say after writing.

[dx100uk]

just send the letter and they should stop if not hit them hard.

ICO/FCA/FOS complaints etc etc.