can you advise guys have received a letter from lowells solicitors important....notice of pending county court judgement as you are aware we represent lowell portfolio let and we have issued legal proceedings in the form of a county court claim which you have failed to respond to with either a proposal for payment or a reason why this debt is disputed. if you do not contact us or respond to the claim we will ask the court to enter a ccj against you after 14/10/2016 now mcol is still showing claim live though 28 days is well and truly past AOS was on 05/08/16 defence submitted 24/08/16 defence received 25/08/16 none of this makes a lot of sense especially their letter any advice??

no problem sorry thought i had redacted it all .....

received this today ???? lowell.pdf

thanks dx.....

hi guys can you advise?? defence submitted on 24/08/16 and received on 25/08/16 surely lowells 28 days are up now? or am i mistaken

have just checked mcol as it is 28 days today i believe for lowells to respond as defence submitted on 24/08/16 and received on 25/08/16 but nothing else on the mcol. ...is it today lowells have to reply to defence or what? sorry dx had redacted all the data on it the date agreement is signed is 18/10/2011 and is typed in on agreement no other dates on there

file uploaded cca return.pdf

managed to get them scanned using phone and converted to pdf but having trouble redacting the personal information...

sorry no scanner...any other way of doing it?

lowells solicitor have sent a letter today please find enclosed the cca as requested from the original creditor shop direct we are awaiting statements from our client and will forward these when we receive them... a cc claim was issued on 03 aug 16 and you should read this fully and reply to the claim. If you are admitting the debt in full and wish to pay by instalments our team is available to complete the admission form response from you over the telephone if you prefer. they can be contacted by calling the above number... HUH? I ALREADY DID AND FILED DEFENCE..... failure to respond to us within 14 days may result in us applying for a CCJ in default to be issued against you ?????HUH WHAT???. so do these clowns not realise that defence is filed as already had papers from court saying they had 28 days to reply to defence...plus they have supplied no paperwork regarding the statements or the default notices which they claim in their particulars.... any suggestions or do we just wait for the court now...checked mcol and everything seems in order there....

playing devils advocate here but the lack of DN would that apply? the poster returned the vehicle before the next payment date and relinquished it to the dealer. ..the account was then not technically in arrears, so no DN would have been needed to be sent, yes/no ? the fact that a telephone conversation was held in which the owner stated that if you cant afford it i am reposessing today could be denied...would he do this in court? knowing him...yes.. ..and yet again whenever a finance u comes up we have guests watching the thread. ..paraniod? maybe? maybe not....

http://www.consumeractiongroup.co.uk/forum/showthread.php?112358-Bill-Of-Sales-and-repossession-of-goods you may find this interesting it is to do with the bill of sale, that finance u rely on to secure the debt

it was a long long time ago i am afraid...i only remembered by having a search as i had dealings with him...i have a feeling there maybe some other threads from way back that postgjj was doing with finance u...i will have a search and see what i can find for you

http://www.consumeractiongroup.co.uk/forum/showthread.php?191799-Finance-U-Ltd-Car-Repossession-letter-received-**Round-1-WON...-Ding-ding...-Round-2-now-on**/page3&highlight=finance have a look have had dealings with this shark

thanks dx.....

have received letter from court acknowledging defence filed.. . says the claimant may contact you direct to attempt to resolve the dispute. if the dispute cannot be resolved informally the claimant will inform the court that he wishes to proceed, the court will then inform you of what will happen, where he wishes to proceed the claimant must contact the court within 28 days after receiving your defence after that period has elapsed the claim will be stayed. the only action the claimant can then take will be to apply to a judge for an order to lift the stay.. take it that the ball is now in their court? and if they contact do i ignore them?

will do thanks for everyones help dx and andy.....

yep that reads a bit better than my attempt Andy, it just didnt read right...are we ok to post defence now or is it better to leave nearer the deadline in case they do arrive with some paperwork?

have amended but point 3 seems a little wordy? The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is not admitted. I am unable to recall the precise details of the alleged agreement and any alleged outstanding balance and have therefore sought clarity from the claimant by way a Section 78 request and a CPR 31.14 request. This legal request was made by registered post on the 8th August 2016 and a response to the request was received on the 18th August 2016. To date however, the claimant has failed to comply and is therefore in default of this request and as such is forbidden to request any relief until such compliance. 2. Paragraph 2 is denied. I am unable to recall any default notice served in breach of defaulted payments. As the claimants plead in their particulars with precise knowledge of the default then they are put to strict proof to evidence such fact. 3. Paragraph 3 is denied.The Defendant contends that no Notice of Assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has been served upon him by the Claimant as alleged or at all, and the Claimant is put to the strictest of proof on the same. Therefore Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show how the Defendant has reached the amount claimed for; and © show how the Claimant has the legal right, either under statute or equity to issue a claim; 4. As per Civil ProcedureRule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 5. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of Act 1974. 6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

no wasnt going to hold out hope on the account is on hold!!have read enough threads to realise that aint the case.... however can you have a look at what i have got so far Defence Particulars of Claim 1. the defendant entered into a consumer crediticon act 1974 regulated agreement with shop direct under account reference xxxxxxx 2. the defendant failed to maintain the required payments and a default notice was served and not complied with 3. the agreement was later assigned to the claimant on 25/05/2012 and notice was given to the defendant 4. despite repeated requests for payment the sum of pounds 648/79p remains due and outstanding and the claimant claims a. the sum of 648.79 interest pursuant to s69 county 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 0.142 but limited to one year being 51.90p c costs amount claimed 700.69 court fee 60.00 legal rep 70.00 total 830.69 The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is not admitted with regards to the Defendant owing any monies to the Claimant. I am unable to recall the precise details of the alleged agreement and any alleged outstanding balance and have therefore sought clarity from the claimant by way a Section 78 request and a CPR 31.14 request. This legal request was made by registered post on the 8th August 2016 and a response to the request was received on the 18th August 2016. To date however, the claimant has failed to comply and is therefore in default of this request and as such is forbidden to request any relief until such compliance. 2. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of defaulted payments or of any alleged assignment. As the claimants plead in their particulars with precise knowledge of the default then they are put to strict proof to evidence such fact. 3. Paragraph 3 is denied and the Claimant is put to the strictest of proof on the same. The Defendant contends that no notice pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has been served upon him by the Claimant as alleged or at all. Therefore Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show how the Defendant has reached the amount claimed for; and © show how the Claimant has the legal right, either under statute or equity to issue a claim; 4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 5. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of consumer credit Act 1974. 6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

will do thought we had a bit of time? so wasnt rushing though i do have a draft which i will post for comments

help!! just checked the post office tracking site and found both the cca and cpr repuests are Status:Good news, your item is progressing through our network and on its way. but neither have been signed for or showing delivery however i have had a letter off lowells solicitor confirming receipt of my letter dated the 8th which is was the cpr request, as the cca was dated te 10th but nothing from lowells themselves for the cca request.... . so lowell solicitors say we have requested the documents you require through our client and will forward these onto you upon receipt. your account is currently on hold if you wish to speak with a member of our team tele blah blah

right thank you andy and you dx will amend and repost

yeah i know that just wanted to get a heads up as to whether the above would be ok? also after all day have managed to get back into mcol after it reset my password 8 times!!

thanks for help so far guys have recieved a letter from them this am stating we confirm receipt of your letter and will request the documents you require in the meantime your account is currently on hold if you wish to speak to you one of our advisors blah blah ring ..... now reading round the threads gather this is a technique they use to make you think the ccj is on hold and i gather it aint.. ..even so will be formulating a defence in the next day or two and will post for comment ok this is what i have so far can someone take a look and let me know Particulars of Claim (for reference only) 1. the defendant entered into a consumer crediticon act 1974 regulated agreement with shop direct under account reference xxxxxxx 2. the defendant failed to maintain the required payments and a default notice was served and not complied with 3. the agreement was later assigned to the claimant on 25/05/2012 and notice was given to the defendant 4. despite repeated requests for payment the sum of pounds 648/79p remains due and outstanding and the claimant claims a. the sum of 648.79 interest pursuant to s69 county 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 0.142 but limited to one year being 51.90p c costs amount claimed 700.69 court fee 60.00 legal rep 70.00 total 830.69 The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is not admitted with regards to the Defendant owing any monies to the Claimant. I am unable to recall the precise details of the alleged agreement and any alleged outstanding balance and have therefore sought clarity from the claimant by way a Section 78 request and a CPR 31.14 request. 2. Paragraph 2 is denied and the Claimant is put to the strictest of proof on the same. The Defendant contends that no notice pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has been served upon him by the Claimant as alleged or at all. 3. Paragraph 3 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of defaulted payments or any alleged assignment. As the claimants plead in their particulars with precise knowledge of the default then they are put to strict proof to evidence such fact. Therefore Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show how the Defendant has reached the amount claimed for; and © show how the Claimant has the legal right, either under statute or equity to issue a claim; 4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 5. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of Consumer Credit Act 1974. 6. On the 9th of August 2016 I made a legal request by way of a section 78 request to the Claimant. The Claimant has failed to comply and therefore is in default of this request and as such is forbidden to request any relief until such compliance. 7. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. just tried to log in to the mcol website and the damn thing doesnt recognise me!! spoke to helpdesk and they cannot understand what the problem is either!! brilliant !! he told me i could submit this through the email system and gave me the details of where to send...will this be ok ???