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    • You are the OP of this thread. As I said, I doubt the OP of the original question is following this as she has more important things to worry about.   I'll ask you this:   1. have you ever been in a Magistrates' Court when a Statutory Declaration to set aside a motoring conviction was made?   2. If so did you ever see the maker quizzed or questioned  to test their honesty in connection with the SD?   3. Have you ever seen such a Declaration rejected for want of truthfulness (rather than a procedural or administrative error or mistake)?   My answers to the above would be as follows:   1. Yes on, I would estimate, at least two hundred occasions (six or seven on one day last week alone). It may be more, I've never kept a proper count.   2. No, never.   3. No, never.   Now it could be of course that I have been particularly fortuitous and that all the makers of those SDs were paragons of virtue and/or that all the Magistrates concerned were exceedingly gullible and believed everything they were told without question. On the other hand it could be that during their training the Magistrates were instructed that when hearing an SD they were simply witnessing that it had been made before them and that they were not testing its truth. I imagine they were either shown or have probably seen since a copy of this form which is completed before making an SD:   https://www.justice.gov.uk/courts/procedure-rules/criminal/docs/2014/crim-pr-form-part37-statutory-declaration-revised-feb-2014.pdf   In the "Notes for Guidance" is this:   "Under the Statutory Declarations Act 1835, the defendant’s declaration can be made before anyone who is authorised by law to hear it (e.g. a solicitor), or before any Justice of the Peace (a magistrate or District Judge (Magistrates’ Courts). The person who hears the declaration need not enquire into the truth of it. That person’s function is limited to hearing the declaration, and certifying that he or she has done so by signing it. If the declaration turns out to be untrue, the defendant making it may be punished for perjury."    The bold type is my emphasis so I think I know which of my two scenarios above is more likely. I hope this wasn't too rude or arrogant for you and  I'll leave it at that now. But I will ask you (politely) once again to please stop providing misleading information to people who have enough to worry about. It confuses them, others have to correct it and it leads to unnecessary stress for the posters.
    • Thank you for your help, just to clarify please. In the CPR 31:14  request do I just ask for 1. the agreement .....etc and delete the the items 2. to 6. as listed since these have already been sent to me by the claimant (btw the 'solicitor' is IDEM's litigation dept) or do I ask for all the documents again as they are part of the 'Particulars of the Claim'    Thank you again
    • As its council tax, they have no right of entry, so don't let them in, and they cannot force entry nor  climb through windows, but cn walk through unlocked door  They have no right to snoop into your bank accounts, and would be in serious trouble if they did.  I'm sure others will be along soon with further advice/suggestions.  Did you apply for Council tax Relief, if not do so NOW, and get your local council member involved pronto as in now.
    • Sorry its so complicated right now.... totally temporary but totally complicated.  I just dont want bailuffs knocking in the interim, thats my main concern. The standing order is going out still to Lowell,  what was happening was other things were going out the same date and that was leaving not enough money in the bank to pay lowells SO.....hence it looked like Id just stopped paying, hence CCJ. It went out last month and again this month though.
    • A fixed rate mortgage does not change due to SVR changes. It sounds like you were not on a fixed rate?   do you still have the paperwork you signed to set it up?
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maddie210

Claim form Lowells old catalogue debt

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Hi I have received a county court claim form from Lowells for an old catalogue debt of £186 and I dont know the first thing to do

 

, can anyone help me please?

 

I cant even remember having the catalogue they say its from December 2011

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sure easy we've done loads...as you've seen already

 

1st can you complete this please

so we have everything to assist you properly and correctly

 

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


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Name of the Claimant ?

 

LOWELL PORTFOLIO

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.

 

09/02/2018

 

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down.

 

1. The defendant opened a JD WILLIAMS ACCOUNT ref ******** on 6/11/2011 )the agreement)

2.In breach of the agreement, the defendant failed to maintain the required payments and the agreement was terminated.

3.The agreement was later assigned to the claimant 20 31/03/2014 and written notice given to the defendant.

4. Despite repeated requests for payments the sum of £175.00 remains due and outstanding. And the claimant claims the a) said sum of £175

b)interest pursuant to s69 count courts act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.040, but limited to one year being £14.00

c) costs

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?

 

Not sure what this is

What is the value of the claim?

 

£175

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?

 

Catalogue

When did you enter into the original agreement before or after 2007?

 

After

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 agency Lowell

Were you aware the account had been assigned – did you receive a Notice of Assignment?

 

Dont know

Did you receive a Default Notice from the original creditor?

 

Dont know

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?

 

not sure

Why did you cease payments?

 

What was the date of your last payment?

 

Dont know

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

 

NO

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management planicon?

 

dont know

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not very helpful all the don't knows?

why don't you know this info

 

have you had a 'letter of claim' from them in recent months


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Sorry I just dont know, the debt is years old I cant remember getting any paperwork

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no that's ok it would have been since October when the new rules came in.

so that'll be something to add to your defence

 

for now do this lot:

 

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the start AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

type your name ONLY

 

no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform.

 

 

..........

 

it might pay you to go look at your credit file too. some of the details like last payment etc will be there.

you did make payments on this till maybe when?


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ok great thanks, so I dont have to enter my defence on the mcol form yet?

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Read that link you filled it it tells you.

 

dx


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Hi sorry, I can see what I have to fill in on the MCOL site I am really confused

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ok sussed it now just sent AOS of, now I have to send letters to Lowell and also their solicitors

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go get your credit file too


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Hi I have got one here that I sent away for in August last year, I will get in the loft for it,

 

I am of on holiday On Thursday for one week, will it be ok to send letters of after I come back?

 

I am so busy with work this week I wont have time

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no get them done

you only have a total of 33 days to file a defence

go online now and get your credit report please

noddle.clearscore.experian all are free.

 

dx


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Hi what date do I have to file my defence by please, does it start counting after I acknowledged or when they posted it?

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already answered in post 13

did you get everything else done?


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Hi sorry I am not replying quickly and often I am out of the house at 5.30am and not back till after 9 so just logging in when I can, I did get all the other stuff sorted but did not post my letter to them till Monday, I am trying to now put together my defence

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Hi just A quick question, I got my credit file and it says this catalogue was taken out oct 2011 no payments are marked, does this take me over the 6 years claim threshold or is it from the date of default

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Go ring the cat company and ask last payment date then

Do it now!!

If its SB,d it will kill the claim dead


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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Hi Just phoned the last payment was on the 15th March 2012, so no good really

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did you send CPR/CCA off?

 

and did you get a pre action protocol 'letter of claim' about a month before the claimform


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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only just, cant remember if I got a letter of claim TBH, I tend to see Lowells and bin it

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plenty of CAT claim defences in this forum

have a go post it up to get it checked.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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