no receipt, no nothing!

Hi A friend of mine has asked for my help because he knows I work in the legal industry but im afraid to say Litigation isnt really my thing and im a but stumped by this one. Basically someone he knew had a friend who worked for a firm of solicitors (EDITED) in Bradford, the name of this person was (EDITED) who apparently isnt the person who owns the business! Anyway he is buying a house and his friend recommended this firm to do it for him, one thing led to another and the guy came to his house and took £700 off him for the searches etc and following this then avoided his phone calls etc. He now wants to take the guy to a small claims court but cant find his address and on ringing the solicitors they keep saying that he no longer works there. I've suggested he reports this company to the Law society but as it was done out of hours so to speak what can he do?

????

any help?

I wondered that as well but if they have rung up the court and they have confirmed there is a judgment it cant be that. Did the correspondance come straight from the court? dont most DCA's use the Northampton bulk centre as well, did it come from there?

who is it that you owed the money to, I think some organisations are worse than others

Anymore news?

Sounds to me as though you filed a defence but did not get it in, in time, Lowell have then requested Judgment in Default and have been awarded it, hence there being no directions from the CCJ to comply with as no instalment order etc will have been ordered. From there they have tried to enforce the CCJ by way of a charging order and by the sound it of it have got an interim charging order and a hearing next month to make it final? You wont be able to set the Judgment aside on the grounds of not receiving the paperwork because it sounds as though you have and I wouldn't risk it given that you have sent some paperwork back and you wouldnt want that produced at the hearing as it would completely undermine that cause of action. Who is the original creditor and how much do you owe? I know from previous experience of viewing these forums that Lowell are particularly bad at providing info for certain creditors and im also wondering about a bank charges dipsute? Cheers

been and gone hasnt it?

Hi Bob Not too sure whether this is what you want to hear but Lowell have a court order now saying that this debt is payable and they are enforcing the court order and not the agreement so they wouldnt need to provide you with a copy of the agreement under the CCA. That said it would seem good business practice to provide you with it, what is the nature of your dispute on this? Have you no knowledge of the debt or feel it is time barred? im just wodnering about the significance of the agreement if you know that your built up the debt or feel it is stat barred?

doesnt have too much luck your fiance does he paul!?? how did that court case go brought by his ex?

If your really worried about this and this is just a thought why dont you approach Lowell, in writing if thats your preference and ask if they would consider an out of court settlement whereby you pay by instalments, worst case scenario they may want you to sign a consent order saying they can go for CCJ if you fall behind with the instalments so set the level realistic Other than that if you want to fight it follow the above good advice

Lowell will be Equitable - they buy the rights and benefits but the obligations belong with the original creditor who was responsible for the build up of any illegal charges etc Sorry about lateness of reply

Been reading the thread with some interest, unfortunately unless I am proved wrong I understand that when a debt sale occurs the purchaser, such as lowell in this case, buys the rights and benefits of the account but not the obligations. You may well scare them into exercising their right (you would presume such a mechanism exists) to sell the debt back to barclays which would achieve what you want in terms of avoidance of a CCJ BUT you will have to sue the original creditor for your charges etc. All the best x

bump