CCJ from Bryan Carter Solicitors via Lowell

[Lisasickofbailiffs]

Hi All,

 

I have just received a Claim form from Lowell Portfolio I Ltd. via Northampton CC,

 

it was issued on 01 Aug 14 but

 

I only received it at the end of last week.

 

After having a discussion with a friend who is quite clued up on these things

 

he mentioned requesting the Deed of Assignment as apparently the debt is not allowed to be sold without me being informed

and if they don't have this information then nothing can be done regarding the debt,

 

he also went into explaining about the OPPT and it being dissolved therefore we are all debt free anyway!!

 

What I am enquiring about on here is the best way to word the deed of assignment information request on the Court website when I dispute it??

Any help would be greatly appreciated.

Lisa x

[dx100uk]

forget that - its all freeman of the land twaddle

 

please fill this out and post back here.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**

[Lisasickofbailiffs]

There you go.......

 

Name of the Claimant ? Lowell Portfolio I Ltd

Date of issue – 01 Aug 2014

What is the claim for –

 

 

Particulars: Claim

 

 

is for £795.18 the amount due under an agreement between the original creditor

and the defendant to provide finance and / or services and / or goods.

This debt was assigned to / purchased by Lowell Portfolio I Ltd on 23/02/2012

and notice served pursuant to the law of property act 1925.

 

What is the value of the claim? £795.18

the claimant also claims interest pursuant to S69 County Court Act 1984 from 23/02/2012 to date at 8% per annum amounting to £154.95. (Total £950.13)

 

Is the claim for a current or credit/loan account or mobile phone account? Vanquis Credit Card

When did you enter into the original agreement before or after 2007? Around 2007/2008.

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim. Debt was purchased by Lowell Portfolio I Ltd

Were you aware the account had been assigned – did you receive a Notice of Assignment? Not that I am aware of.

Did you receive a Default Notice from the original creditor? Yes

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

Why did you cease payments:- 2008/2009 unsure of exact date

 

Was there a dispute with the original creditor that remains unresolved? PPI on account

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan? No

Cheers

Lisa

[citizenB]

Yoru timeline is as follows..

 

Date of issue - 01.08.2014 + 5 days for service = 05.08.2014 + 14 days to acknowledge = 19.08.2014 + 14 days to submit defence if you are going to defend = 02.09.2014

 

Your first important task is to acknowledge the claim - you can do this online using the claim reference and the password that you will find if you read down the claim form.

[citizenB]

You cannot request a deed of assignment - only the Notice of Assignment. This is a letter from either the debt purchaser or the original creditor.. most usually the debt purchser.

 

You can request this via CPR 31.14, although it is unlikely you will receive a copy and will most likely have to wait until the claim is allocated to ask the court to order the claimant to prove that one was sent and they have a right to bring this claim.

 

Did you make any attempt to reclaim the PPI if it was added without your knowledge or permission or if it was unsuitable ?

[Lisasickofbailiffs]

I'm not acknowledging the claim as then I am admitting that I owe that amount!!

 

The original credit card limit was £500, the rest added is purely charges!

 

I don't want to part admit it either,

 

I am wanting to dispute it but am unsure what to write in the box??

 

I disputed one recently and stated it was statute barred..

 

..I've not heard a thing from the court since regarding that one and it was in June.

 

No I didn't attempt to reclaim the PPI as I had no details other than knowing the credit card was from Vanquis

as I haven't had any statements or information from them for years!

[citizenB]

I think perhaps you should have sent a Subject Access Request to Vanquis when you first disovered the PPI - that would have given you access to the data. You can still do this, although you wont have it in time for your defence because they will take every one of hte 40 days they are entitled to.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387306-Full-Subject-Access-Request - this has to go to Vanquis along with the statutory fee of £10.00 - you should receive copies of yoru statements that will enable you to reclaim the PPI

 

You will need to send a CPR31.14 request - http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued. - this goes to the solicitor named on the claim form - there is no fee - you should amend it to include only those items mentioned on the claim form which are..

 

1: - A copy of the agreement

2: - A copy of the Notice of Assignment

3: - Statement of account to show how the amount being claimed has accrued .

 

You should at the very least obtain a free proof of posting from the post office and keep it with your copy of the request.

 

You should also send a CCA request to the claimant - http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974 - you need to include the statutory fee of £1.00 . If they dont supply this within the statutory time of 12 working days + 2 for postage, then they are in breach of their obligations and you can mention this on your claim.

 

At this point in time you should only acknowledge the claim - tick the box that you are going to be defending and you will get the extra 14 days. You can put that time to good use by reading round the forums for similar situations and gathering any evidence for your defence - even if you receive no response to any of your requests, you MUST submit a defence by the correct date else they will obtain a default judgment.

 

You can put them to proof in your defence.

[citizenB]

You MUST acknowledge the receipt of the claim - you are not acknowledging the debt.. just that you have received the claim form.

[letsgetitsorted]

failing to acknowledge the claim, will give Lowell a default judgement and will leave you with a CCJ.

 

acknowledge the claim but make sure you mark it as defend all.

[Lisasickofbailiffs]

Hi all,

I disputed this via the court as I think it is Statute Barred but the court found in default judgement to Bryan Carter Solicitors.

 

 

..I haven't paid them since CCJ was granted and now in arrears of £350.

 

 

I sent them a statute barred letter as I had this Vanquis credit card debt years ago and card limit was £500,

the rest are charges they have added amounting to CCJ of £1105.13.

There was also PPI on this card but it is from 2008/2009.

 

They replied to me today stating...

 

Our clients position is that the limitation period runs from the date the original creditor became entitled to demand payment this being 30 June 2011.

 

 

It is our clients position that the account is not statute barred and that the amount outstanding remains payable by you.

 

What on earth does this mean please?

 

 

And is there anything I can do next??

Thanks

Lisa

[SabreSheep]

OK looks like you may have missed the boat on this one.

 

1) When was account opened?

2) When was CCJ granted?

3) Did you acknowledge the claim?

4) Did you offer a defence?

 

5) When was last payment on the account made, or any written contact made acknowledging the debt?

6) When was the Court claim issued?

 

The above questions will help others help you

[dx100uk]

old and new threads merged for ref

 

 

dx

[dx100uk]

when did you last use the card

or make a payment please

[Lisasickofbailiffs]

Hi,

 

I had the card in 2008,

last made a payment in 2009 as far as I'm aware.

 

 

CCJ was granted in Dec 2014.

 

 

I offered the defence after acknowledging the claim form that the debt was statute barred.

 

 

I have never replied to any DCA about this debt until I sent the statute barred letter last week.

 

I don't understand what they mean regarding the limitation period??

 

Thanks

 

Sorry CCJ was granted in Oct 2014 not December.

[panther12]

If you last made a payment in 2009 then (if you don't reside in Scotland) it wouldn't have been stat barred until 2015.

 

 

They issued the claim in Aug 14 so it wouldn't have been SB.

 

From the timeline it appears you didn't submit any defence to the court so claimant got judgment in default.

[Lisasickofbailiffs]

I'm guessing at 2009 for last payment, I know I got the card Jan Feb 2008 but then lost my job at the end of that year and stopped making payments. They are saying 2011 for date of last contact though which I do not agree with at all. Is there a letter I can send regarding last dates of contact/payment etc??

I had 2 CCJ letters at the same time and dealt with them the same way...1 was dismissed and has been cleared and dropped, this was the other one!

If I can't go down statute barred route then is there anything I can do regarding PPI on this account or the £600+ charges added??

[Ganymede]

I'm guessing at 2009 for last payment, I know I got the card Jan Feb 2008 but then lost my job at the end of that year and stopped making payments. They are saying 2011 for date of last contact though which I do not agree with at all. Is there a letter I can send regarding last dates of contact/payment etc??

I had 2 CCJ letters at the same time and dealt with them the same way...1 was dismissed and has been cleared and dropped, this was the other one!

If I can't go down statute barred route then is there anything I can do regarding PPI on this account or the £600+ charges added??

 

The claim isn't statute barred and you didn't acknowledge the claim or file a Defence so you are stuck with a CCJ on your record for 6 years IMO.

 

You can try and reclaim the PPI etc separately.