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Lowell/BW CCJ - old cat debt


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Long story short, lowell took me to court for an alledge debt of around £800

 

I sent the usual forms asking for proof of ownership of debt, statements of account, notice of transfer etc

 

After a month or so they sent back a few screen shots and handful of documents, none of which showed the correct amount being claimed.

The statement summary actually showed the amount owing as about £90

 

I challenged this by filling out an N244 form and asking for a strike out hearing since they had not provided the necessary documentation and asked for it to be dealt with without a hearing.

 

The court set a date without consulting me, it was a date that i was out of the country 1000 miles away.

 

I contacted the court to tell them I couldnt attend as I was away and wanted a new date for the hearing.

 

The court clerks told me to send an email stating why I couldnt attend and a new date would be set.

I sent over the email and I then left the country as planned.

 

While I was away I had limited access to my emails, I did receive one that said I must send proof that I am away or the hearing would go ahead in my absence.

 

Since I had no IT equipment with me or anywhere to find any and extremely limited internet access I was unable to do this.

 

On my return I have found out that I now have a CCJ and the £800 debt is now £1000

 

1st question is,

this was supposed to be a strike out hearing, not the full hearing to decide the case

 

2nd The claimant failed to prove ownership of the debt or the amount claimed, why did they win this case

 

3rd why was I told everything would be ok by the court if i emailed before leaving the county and then stab me in the back afterwards?

 

I do not acknowledge this debt and the claimant still hasnt proven the amount owed so why has this happened?

 

would like to appeal but dont know how to go about this

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It sounds to me is if you filed an N244 but you didn't actually defend. Is this correct?

 

If that is the case then the reason that judgement was given against you is because there was no defence.

 

In order to deal with this you would have to apply for a set-aside which will cost you about £255 using a form N244 which you seem already to be familiar with.

Edited by Andyorch
fee corrrected
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Thread moved to Financial Legal Issues..please continue to post here to your thread.

 

Regards

 

Andy

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so we have the correct info and the background

can you please fill this out

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**

 

and detail the letters you sent please

 

was this a CCA request to the claimant

and

a CPR 31:14 to the Solicitors.

 

did you file a defence or even defend all at the [aos] stage?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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thanks for your replies so far

 

yes I sent the CPR and the CCA forms

 

They failed to produce a statement of account (just one screen shot of a summary which didnt show the amount owing or how it occurred),

didnt produce the notice of default

and also failed to prove they owned the debt

(they just provided a screen shot of some computer screen which was just muddled up garbage!)

 

The original judgement was to stay the case.

 

I filled an N244 form out to strike out the case and ofcourse failed to attend due to a pre booked holiday (booked prior to any court action) which would have cost me more to cancel than what was being claimed

 

The court was made aware that I would be away on the date given.

I assume because I didnt attend I automatically lost

 

FYI the court still hasnt made me aware of the CCJ or that I lost the hearing, I have only heard today from the claimant

 

I did a bit of digging today and have filled in the N244 form again to set that case aside, I am using the help with fees since I am on a low income.

 

Now the hearing was on March 8th,

If I also want to / need to appeal the decision and go to the court of Appeal,

do I need to do this within a set time period from the hearing or do I need to await the result of the set aside application?

 

did you file a defence or even defend all at the [aos] stage?

 

Yes i sent those forms and also filed a defence saying I didnt recognise the debt as belonging to me or the amount being claimed

 

the case was stayed after this, but I guess i made a mistake asking for it to be struck out (or wrongly assumed the court would arrange a mutually acceptable date for the hearing! instead of saying heres the hearing date you must attend!)

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but I guess i made a mistake asking for it to be struck out....

yep. and, it was your hearing and you didn't attend it

IMO

:-):rant:

 

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hard to attend hearings when you are 1200 miles away :)

indeed :)

but, you made the application re. if you cldn't attend then shld've applied for a relist.

not forgetting that maybe shldnt have applied for strike in the first.

shld've come here first.

anyway. hindsight.

IMO

:-):rant:

 

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I did tell them several weeks before my holiday that the date was not convenient to me and the court gave me incorrect advice. As far as I was concerned everything was in order before I left on holiday but no because the court clerks gave me incorrect advice

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my grounds for set aside are that I was out of the country at the time of the hearing and wasnt given the chance to represent myself. Also the Claim had no real chance of success (summary judgement)

 

then you can mention that 'incorrect advice', as and when if needs be.

but, your app'n now is re ccj set aside. what are the grounds for set aside....

 

this

 

"If you miss a hearing date that has been set by the court and you now have a court judgment or order, you can apply for the judgment to be set aside to allow a new hearing date to be set.

 

The court may agree to your application if you:

 

act promptly in applying to set aside the judgment (usually within 14 days);

explain that you had a good reason for missing the hearing, and

would have had a reasonable prospect of success at the hearing."

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another question, the hearing I applied for was for whether the claim could be struck out or remain stayed

 

This wasnt supposed to determine if the money was owed or not

 

curious how the judge turned this hearing into the full blown hearing which was supposed to come at a later date

 

Also one last question, If my request for the judgement to be set aside is unsuccessful, am I able to appeal that decision at the court of appeal?

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Guest Mrs Hobbit

If you don't turn up to Court, the Judge just naturally assumes you are not going to defend and makes the order in favour of the claimant. I would be appealing the CCJ to get it set aside.

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N244

 

Application type Fee

On notice where no other fee is specified £255

Vary or extend an injunction for protection from harassment or violence (with notice) £155

Set aside a County Court judgment £255

By consent or without notice where no other fee is specified £100

:mad2::-x:jaw::sad:
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Have you got a defence ready ?

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working on one at the moment,

 

initially it is I dont recognise the debt as belonging to me,

the claimant hasnt provided sufficient proof of ownership of debt,

the claimant hasnt provided statements to show the amount being claimed is correct

 

The claimant hasnt provided a notice of assignment etc

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I am just going through the documents supplied by lowell for my court hearing tomorrow

 

Could someone please let me know what a Notice of Assignment of debt letter must contain?

 

They have given what looks like a cut and paste, there is no company header or address on the paper its just a blank sheet of paper with the Dear Mr.... on and signed by somebody

 

It says We have sold your debt but it doesnt say anywhere in the letter who "we" are ??

 

Also the default notice isnt included in the court pack.

 

The two letters they have included as letters to customer to request payment are the same as notice of assignment, a cut and paste job with no letter head and one doesnt even have the companies Phone number or address on

 

appreciate any help

 

I am going to say the notice of assignment is defective due to it missing the mentioned information,

it also has a different assignment date on it to other documents in the evidence bundle.

 

 

this alone should make it defective (it was also served to an address I wasnt living at , i moved away from the addres 2 months prior to the letters so I didnt receive any communication from lowell apart from the court summons which they managed to get my address right for

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Hi

I am after a little help

 

Lowell Financial took me to court for an allegded shopdirect debt.

 

Originally it was in Northampton court,

where the judge ordered the case to be stayed as Lowell hadnt complied with the courts directions or supplied the required proof of ownership etc.

 

I saw the opportunity (stupidly looking back at it!) to apply to have the case struck out.

I was unable to attend the strike out hearing and judgement was made against me in my absence.

I have since applied and successfully had that order set aside.

 

I now have 2 weeks to write a detailed defence, which the Judge has asked me to do

 

My defence is I dont recognise the debt as being mine.

 

Lowell didnt provide a copy of the default notice in the court pack,

 

none of the letters (notice of assignment etc) were on headed paper so they could have been written by anyone,

 

they didnt provide full statements of account just a summatry which shows the transactions in the last 3 years.

 

The judge ruled that although these are were breaches of the various CPRs, they were minor and didnt have any affect on the case.

 

But as far as I am concerned Lowell havnt sufficiently provided proof of ownership

 

I am more than happy to email copies of what Lowell are using in court against me.

 

I really dont know where to start with all of this.

 

According to the judge in northampton there wasnt enough evidence to continue with a case yet I started the ball rolling again with the strike out request

 

thanks

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You already have a thread running on this. Please continue this on your old thread abd the site team will close this new one.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?475767-CCJ-from-Lowell&p=5008171#post5008171

We could do with some help from you.

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Hi

I am after a little help

 

Lowell Financial took me to court for an allegded shopdirect debt.

Originally it was in Northampton court, where the judge ordered the case to be stayed as Lowell hadnt complied with the courts directions or supplied the required proof of ownership etc.

 

 

I saw the opportunity (stupidly looking back at it!) to apply to have the case struck out.

I was unable to attend the strike out hearing and judgement was made against me in my absence.

I have since applied and successfully had that order set aside.

 

I now have 2 weeks to write a detailed defence, which the Judge has asked me to do

 

My defence is I dont recognise the debt as being mine.

Lowell didnt provide a copy of the default notice in the court pack,

none of the letters (notice of assignment etc) were on headed paper so they could have been written by anyone,

they didnt provide full statements of account just a summatry which shows the transactions in the last 3 years.

 

 

The judge ruled that although these are were breaches of the various CPRs, they were minor and didnt have any affect on the case.

 

 

But as far as I am concerned Lowell havent sufficiently provided proof of owner ship

 

I am more than happy to email copies of what Lowell are using in court against me.

I really dont know where to start with all of this.

 

 

According to the judge in northampton there wasnt enough evidence to continue with a case yet I started the ball rolling again with the strike out request

 

thanks

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remember your app'n is re set aside.

so, you need to at least satisfy the requirements for such. (and maybe ask for anything else if appropriate) see the civil procedure rules for eg.

and if it is successful, and unless the j makes any orders otherwise, then the claim will go back to the beginning.

IMO

:-):rant:

 

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did you sent lowells a CCa request and their solicitors a CPR 31:14?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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