Need advice re a Debt Letter i have just received

[ODC]

Yes. The OP is entitled to claim costs for defending any case they win and on the face of it LOWELLS are on a hiding to nothing.

[hcb]

Hi again the amount involved is £7006.00 - this is what have wrote on defence form

i wish to inform in my defence that from sept 1997 i have had no letter/telephone contact or made any payments to Lloyds bank relating to this account ref no and any contact/payments made to Lloyds bank ceased in June 1999 and these payments related to different account ref numbers

Therefore as no letter/telephone contact or payments have been made concerning any account ref numbers relating to Lloyds bank for over 8 years this debit is out of limitation and is statue barred. please also see the attached letter i sent recorded delivery to Lowell Finance on 14th April 2008 stating this.

 

can someone tell me if the above is ok as need to send this off today recorded delivery debit advice also advised me to send a copy of my defence bit and the letter again to Lowell Finance what you think and do i just write my name and not put my signature

[hcb]

also at bottom of defence bit where it asks me to sign it also asks for my Date of birth do i have to put this

[ODC]

Your defence is that the debt is Statute Barred due to Sect 5 of the Limitation Act 1980 in that no written communication or payment has been made between you and Lloyds for a period exceeding 6 years. You have informed the claimants of this by recorded delivery letter on DATE and they have failed to supply you with proof that any payments or communications were made.

 

You believe the Claimants case is without substance and by its nature is Vexatious. You will put the Claimants to Strict Proof that the alleged debt is not barred by Statute.

 

You also will bring to the Courts attention the failure of the Claimants to supply you with information as requested under CPR.

 

You belie

[hcb]

Thanks ODC i will write what you have put do i still need to sign or write my name and do i need to put my date of birth. what is a DCA is it a debit councellor advisor forgive me i am a bit thick on things like this nevewr been in this situation before i work with homeless people in a hostel so i know how hard things are. shall o send the same letter letter to Lowell please reply soon i know am asking for a lot of help but due back at work tomorrow at 12.30pm for 24 hr shift really need to send letter tomorrow morning please thank you

[ODC]

A DCA is a BEBT Collection Agency such as Lowells. Its up to you whether you send the Leeds losers the letter or not. They are the clowns who have escalated this to the courts.

[Von Greenbach]

Hi ODC

 

Can you please confirm as I am in a very similiar situation as the OP.

 

If a CCJ was obtained for the debt, is the debt excluded from "Statue Barred.

 

The DCA are telling me as a CCJ was granted, (I have checked with the court, and it was even tho it was well over 6 years ago) the DCA are stating the debt is excluded from "Statue Barred.

[ODC]

Unfortunately this is true. If a CCJ was granted then it remains in force. However if it was well over 6 years ago then the DCA would have to apply to the Court tp enforce it after this time and would have to give reasons as to why it was not previously enforced. It could leave you now in a position to get a favourable F&FS. If you can prove that you have been living at the same address and easily contactable you may have a case for asking for the CCJ to be set aside.

 

Have a read of these

 

Removal of CCJ's - Valid reasons to have your judgements set aside

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/n244_0400.pdf

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/125173-getting-ccj-overturned-3.html?highlight=ccj+set+aside

[hcb]

Hi again just to let you know whats been happening have sent my court form off with my defence attached to it as ODC recommented i do on post 22/4/08. i have received letter from the courts stating that they have forwarded my defence statement onto Lowell Finance its now a case of waiting - i will fight this all the way - will keep you informed

[The GodMother]

Gdgd dont let them win.

 

Just in case no body has explained to you yet this is what will happen.

 

they will, like the letter says, pass the deffence to lowells who will be given 28 days to reply to the courts regarding what you have said. This reply will be basicaly based on what they have said do u wish to continue?

 

They then get the option to tell the courts yes we want to procede or no we dont want to procede, which basically means u have then won.

 

If they dont reply within 28 days the courts will put a stay on the case which will then need to be lifted by a court order which lowells will need to apply for and give a good reason why they did not reply within 28 days. Basically you can then say you dont think it fair they dont need to follow court orders blah blah blah, we will help u with that more nearer the time.

[ODC]

ALSO make sure you get this transferred to your local Court

[The GodMother]

well that would ave been put in the AQ i would have thought. If not as she is defending the case would it not get transfered automatically?

[hcb]

hi again i have still not heared anything yet will keep you posted what does AQ mean and how do i get it transferred to my local court if i need to should i do this now or wait to see what happens

 

thanks you guys for all this help

[citizenB]

AQ is an Allocation Questionaire

[itsamomentintime]

hcb keep us informed please

[The GodMother]

If you are defending the case it should get transfered to your local court.

 

If not you can always apply for it to be transfered.

[hcb]

No worries will keep you informed

[42man]

HCB if you need to go to court and you are local to me i'd be happy to go with you....also you need to claim your costs for example...

 

Research into legal information 7 hours at £9:50 per hour

Time in attendance at court .....hours

Travel costs

[hcb]

42man i live in leicestershire

Hi peeps have received a letter this morning its from Lowells Legal dept Hamptons Legal this is what the letter says

we have been informed by the court that you have filed a defence in response to our clients claim we are currently assessing the grounds of your defence so that we may make our representations to the court. In an attempt to avoid us both incurring considerable time and expense of this matter proceeding through to trial we would ask that you contact our office to discuss how we may resolve any dispute you have with our clients claim. Our intention is to look into the possibility of discounting a proportion of our clients claim in an effort to conclude this matter before trial.

 

that is the letter

i know as everyone has taught me never to ring and speak to them which i havent done - i now need to know what to do

[citizenB]

If I read the following correctly this debt is statute barred.. so I guess they would be very happy indeed for you to telephone them and arrange a discount.

 

I would wait for someone like 42man or Godmother to catch up with your thread. I am sure they will advise definitely NOT to speak to them on the phone.

[42man]

Quite right CitizenB...do not speak to them on the phone....they will get the shock of their lives if they carry on with this action, as you will be able to claim costs also, they are incredibly foolish if they carry on with this action...!!! Leicestershire would be ok for me as I lived there for 21 years !!!

[42man]

Do you have a court date ??

[ODC]

I love the way Hamptons iLegal arrive on the scene claiming that Lowells are their clients:rolleyes:. Who are they trying to kid. Lowells = Red Debt = Hamptons = same sh!t different notepaper. Under no circumstances phone them.

 

Drop them a short letter

 

Dear Lowell Apologists

 

Thank you for your letter the contents of which are noted.

 

Your clients are in default of my lawful request under the Civil Procedure Rules. As you claim to be their legal representatives then perhaps you should advise them of the possible consequences of such a default.

 

If you or your clients do not understand my CPR request I suggest that you take Legal Advice from a REAL solicitor.

[citizenB]

I love the way Hamptons iLegal arrive on the scene claiming that Lowells are their clients:rolleyes:. Who are they trying to kid. Lowells = Red Debt = Hamptons = same sh!t different notepaper. Under no circumstances phone them.

 

Drop them a short letter

 

Dear Lowell Apologists

 

Thank you for your letter the contents of which are noted.

 

Your clients are in default of my lawful request under the Civil Procedure Rules. As you claim to be their legal representatives then perhaps you should advise them of the possible consequences of such a default.

 

If you or your clients do not understand my CPR request I suggest that you take Legal Advice from a REAL solicitor.

 

Nice one ODC xx

[The GodMother]

I love the way Hamptons iLegal arrive on the scene claiming that Lowells are their clients:rolleyes:. Who are they trying to kid. Lowells = Red Debt = Hamptons = same sh!t different notepaper. Under no circumstances phone them.

 

Drop them a short letter

 

Dear Lowell Apologists

 

Thank you for your letter the contents of which are noted.

 

Your clients are in default of my lawful request under the Civil Procedure Rules. As you claim to be their legal representatives then perhaps you should advise them of the possible consequences of such a default.

 

If you or your clients do not understand my CPR request I suggest that you take Legal Advice from a REAL solicitor.

 

 

ODC next time u do somethong like that could u put a warning notice up first. I nearly had drink all over my monitor.

 

Anyway dont ring them as 42 man said and dont let them offer u anything except the SB debt wiped and at least a fair wack in compo.