Hi refer post 9: it is shown on Equifax as an "Active CCJ" just goes to show - check as many credit agencies as possible. refer post 8: the name shown on Lowell paperwork and on CCJ is not my daughters Therefore I am struggling to complete N245 because of name difference Posted letter to Lowell explaining situation and asking for "Debt and Mental Health Evidence Form" to be sent to her. Any thoughts please. T

@ London1971 many thanks will follow up asap. She is under the care of a social health team at the moment all trying their best to help her @ dx every address she has lived at is shown on credit file T

so bearing in mind paperwork received from Lowell is not for an Active CCJ ( according to credit file ) is it worth sending N245 to court OR are Lowell pulling a fast one?? T

sorry for posting twice needed to edit but forgot Hi all dx ref post 2 - my wrong no credit cards ref post 4 - payments to Lowell Portfolio 1 - are 4 per month at constant values small but add up, can post pdf of values if needed Only reference is - Lowell Portfolio 1 - so she has no idea which payment relates to which debt The only Active ccj listed on creditkarma is for a totally different case number and value? The paperwork Lowell has sent her regarding ccj arrears, the Claim Number is shown on creditkarma under "Financial Account Information / Open Accounts / Other Accounts" Not listed as "Active CCJ"? Told her to close current bank account and open new one thereby cancelling payments, and to wait for paperwork through post? Would this be the best way? Is it still worth completing N245 to post tomorrow? As regards paperwork for debts her relationship with biological is extremely toxic so no access to paperwork, just waiting to see what post delivers next. Sorry for long winded post seems more questions than answers T sorry dx cross posted have credit file in front of me now

Hi all dx ref post 2 - my wrong no credit cards ref post 4 - payments to Lowell Portfolio 1 - are 4 per month at constant values small but add up, can post pdf of values if needed Only reference is - Lowell Portfolio 1 - so she has no idea which payment relates to which debt The only Active ccj listed on creditkarma is for a totally different case number and value? Told her to close current bank account and open new one thereby cancelling payments, and to wait for paperwork through post? Would this be the best way? As regards paperwork for debts her relationship with biological is extremely toxic so no access to paperwork, just waiting to see what post delivers next. T

Forgot to state name on Lowell paperwork and on ccj are the same but her biological could not even spell her names correctly so both Lowell/ccj in wrong name Many thanks again T thanks on pcm will check

Hi dx Sorry for late reply had to rush daughter to hospital for ongoing Gall Bladder problems please explain "£PCM" Will post details of all asap when I have more details Many thanks again T

Hi all Briefly my daughter 27 years old, has 2 ccj’s (1 she has failed to keep up payments on) plus other credit card debts. She is living with me temporary at the moment with her 1 year old son while trying to find accommodation. She is dyslexic in words and numbers (plus mental health issues bought on by debt) cannot work out basic change in money, she is unemployed, so she is on benefits due to health issues. She was living with her biological father at the time who apparently controlled all the money coming in while making sure all the bills were in her name. This resulted in the 2 ccj’s which he dealt with by completing the paperwork and ADVISING her not to defend them. She has now received a letter from Lowell dated 23/08/2019 “Notice of County Court Judgement (CCJ) Arrears” Listing enforcement action pending and all the things they can do to her. And 14 days to pay money she does not have. my thoughts, few as they are is the following: Would it be any good using court form N245 for “suspension/variation” or would it be better to use form N92 Application for an “administration order”? YES it is her fault for not asking advice BUT if you cannot trust your own father who can you trust? Thoughts advice much appreciated. T

Thanks dx much appreciated info T

Thanks for prompt reply Andy out of UK from 07/09 for a week just getting concerned I know you are busy once again many thanks

Hi Still awaiting dq [n180] from court is this unusual re the amount of time since posting defence? Checked MCOL nothing shown except dates defence submitted and received. Any thoughts much appreciated, even if its only to bite my tongue and to sit and wait for the court.

I presume I would complete the court one (after advice) and return it

Sorry dx, should have paid more attention, thanks Attached redacted pdf Lowells N180.pdf

Hi Well Low has deigned to reply, received today, see attached PDF Presumably I ignore this? As always will be guided by those more knowledgeable than myself. Many thanks

Defence submitted @ 15.49 on 12/08/2019 now to wait and see cannot thank DX and Andy enough will keep you informed of any and all progress T

Yes Andy BUT preparation is half the battle lol

thanks dx will start looking at witness statement's next

checking and re-reading in submitting defence do I include POC details in red? sorry to seem dumb just trying to cross all the t's and dot the i's

oh----- OK will do

Hi Andy Many thanks I presume I copy paste in its entirety (with addition of reference numbers) and submit? Defence due 12/08 latest so that day before 4pm? or earlier?

will keep trying until I get it right 1)The Claim comprises the following Agreements the Defendant entered into: a. JD Williams & Company Limited with reference ,,,,,,,,, and current balance of £1319.67 b. JD Williams & Company Limited with reference …….. and current balance of £246.50 c. Express Gifts Limited with reference ,,,,,,, and current balance of £1209.97 The Agreements were terminated as payments were not maintained and subsequently assigned to the Claimant, which claims: a) The total of the said sums being £2776.14 b) 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, but limited to one year, being £222.09 c) Costs 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 1a is noted. I have had an agreement in the past with J D Williams but do not recognise the account numbers referred to by the claimant. . Paragraph 1b is noted. I have had an agreement in the past with J D Williams but do not recognise the account numbers referred to by the claimant. . Paragraph 1c is noted. I have had an agreement in the past with Express Gifts but do not recognise the account numbers referred to by the claimant. . Paragraph 2 is noted but not admitted. The claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the defendant did not enter into any agreement with the claimant and is therefore put to strict proof to verify the alleged statement of its particulars. . 3.Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served. . On the 22/07/2019 reference “Express Gifts” (sent by recorded delivery, received 24/07/2019) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. The claimant has failed to date to respond to the CPR and remains in default of the section 78 request. . I phoned J D Williams on 23/07/2019 (0345 026900) at 18.02hrs. The person I spoke to at J D Williams listed a lot of the items that were purchased on both accounts, and except for shoes none were near my size, her recommendation was for me to ring Lowell and dispute both accounts (even though claim form issued) and both accounts should be returned to J D Williams as being in dispute as a possible fraud investigation. . On the 24/07/2019 reference “J D Williams” (sent by recorded delivery, received 26/07/2019) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. The claimant has failed to date to respond to the CPR and remains in default of the section 78 request. . 4.It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to: . (a) show how the Defendant has entered into an agreement with the Claimant; and (b) show how the Defendant has reached the amount claimed for; and (c) 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 the consumer credit Act 1974. . 6.By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. . Regards

Items altered shown in bold red information on Express Gifts (bold Red) just discovered tonight on different credit report site 1)The Claim comprises the following Agreements the Defendant entered into: a. JD Williams & Company Limited with reference ,,,,,,,,, and current balance of £1319.67 b. JD Williams & Company Limited with reference …….. and current balance of £246.50 c. Express Gifts Limited with reference ,,,,,,, and current balance of £1209.97 The Agreements were terminated as payments were not maintained and subsequently assigned to the Claimant, which claims: a) The total of the said sums being £2776.14 b) 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, but limited to one year, being £222.09 c) Costs 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 1a is noted. I have had an agreement in the past with J D Williams but do not recognise the account numbers referred to by the claimant. . Paragraph 1b is noted. I have had an agreement in the past with J D Williams but do not recognise the account numbers referred to by the claimant. . Paragraph 1c is noted. I have had an agreement in the past with Express Gifts but do not recognise the account numbers referred to by the claimant. . Paragraph 2 is noted but not admitted. The claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the defendant did not enter into any agreement with the claimant and is therefore put to strict proof to verify the alleged statement of its particulars. . 3.Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served. . On the 22/07/2019 reference “Express Gifts” (sent by recorded delivery, received 24/07/2019) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. The claimant has failed to date to respond to the CPR and remains in default of the section 78 request. . Further to Express Gifts my credit report shows Account Satisfied on 25/10/2015 for the same value as claimed. . On the 23/07/2019 concerned about a J D Williams account shown on my Equifax credit file I discovered the following: That a person or persons unknown at my old address were using a variation of my surname but a completely different date of birth for an account at J D Williams, Account Start Date 28/03/2014 – Account End Date 20/04/2019. . I phoned J D Williams on 23/07/2019 (0345 026900) at 18.02hrs I explained to the person I spoke to that I was trying to find out details of any old accounts I may or may not have held in my name “xxxxxxxxxx” at my current address since 2010 or my old address xxxxxx from 1995 until 2010. I also asked about the Equifax entry as indicated above. The person I spoke to at J D Williams listed a lot of the items that were purchased on both accounts, and except for shoes none were near my size, her recommendation is for me to ring Lowell and dispute both accounts (even though claim form issued) and both accounts should be returned to J D Williams as being in dispute as a possible fraud investigation. . On the 24/07/2019 reference “J D Williams” (sent by recorded delivery, received 26/07/2019) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. The claimant has failed to date to respond to the CPR and remains in default of the section 78 request. . 4.It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to: . (a) show how the Defendant has entered into an agreement with the Claimant; and (b) show how the Defendant has reached the amount claimed for; and (c) 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 the consumer credit Act 1974. . 6.By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. . Regards

Hi Andy If info required below "Linked Addresses" I can pm it to you. Thanks Particulars of claim for reference only 1)The Claim comprises the following Agreements the Defendant entered into: a. JD Williams & Company Limited with reference ,,,,,,,,, and current balance of £1319.67 b. JD Williams & Company Limited with reference …….. and current balance of £246.50 c. Express Gifts Limited with reference ,,,,,,, and current balance of £1209.97 The Agreements were terminated as payments were not maintained and subsequently assigned to the Claimant, which claims: a) The total of the said sums being £2776.14 b) 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, but limited to one year, being £222.09 c) Costs Defence 1 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 noted. I have had an agreement in the past with J D Williams and also with Express Gifts but do not recognise the account numbers referred to by the claimant. . Paragraph 2 is noted but not admitted. The claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the defendant did not enter into any agreement with the claimant and is therefore put to strict proof to verify the alleged statement of its particulars. . 3.Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served. . On the 22/07/2019 reference “Express Gifts” (sent by recorded delivery, received 24/07/2019) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. The claimant has failed to date to respond to the CPR and remains in default of the section 78 request. . On the 23/07/2019 concerned about a J D Williams account shown on my Equifax credit file I discovered the following: Linked Addresses 1 Mail Order Agency from Jd Williams Ta Fashion World / XXXXXXXXXXXXX14FW Name Date of Birth Monthly Terms 0 @ £ 0 Status Settled Payment Frequency Monthly Current Balance £ 0 Start Balance £ 0 Credit Limit £ 0 Default / Delinquent Balance £ 0 Start Date 28/03/2014 Date Updated 29/04/2019 Date Last Delinquent Date Satisfied 20/04/2019 Default Date I phoned J D Williams on 23/07/2019 (0345 026900) at 18.02hrs I explained to the person I spoke to that I was trying to find out details of any old accounts I may or may not have held in my name “xxxxxxxxxx” at my current address since 2010 or my old address xxxxxx from 1995 until 2010. I also asked about the Equifax entry as shown above. The person I spoke to at J D Williams listed a lot of the items that were purchased on both accounts, and except for shoes none were near my size, her recommendation is for me to ring Lowell and dispute both accounts (even though claim form issued) and both accounts should be returned to J D Williams as being in dispute as a possible fraud investigation. . On the 24/07/2019 reference “J D Williams” (sent by recorded delivery, received 26/07/2019) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. The claimant has failed to date to respond to the CPR and remains in default of the section 78 request. 4.It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to: . (a) show how the Defendant has entered into an agreement with the Claimant; and (b) show how the Defendant has reached the amount claimed for; and (c) 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 the consumer credit Act 1974. . 6.By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. . Regards

do I need to redact defence re personal info account numbers etc? Thanks

First a reply from Lowell Sols Presume totally ignore Second is Defence 1 Please tear apart comment as required After reading a lot of DX's and Andy's posts I know you are better at this than I ever will be or want to be. Thanks for any help guidance comments etc