Need advice re a Debt Letter i have just received

[ODC]

Never ring a DCA. Tomorrow I am going to post the series of letters good folk can expect from the Leeds Losers*

 

 

*Leeds Losers is a Trading Style of Lowells Farcical

[The GodMother]

lol did not get me this time ODC.

[hcb]

Hi everyone - 42 man if your there

recd letter from the court on 25th april stating they acknowledge receipt of my defence and a copy has been served on the claimant in the court letter it states that if the dispute cannot be resolved informally then the claimant will inform the court that he wishes to proceed the court will then inform me of what will happen - the letter also says that if they wish to proceed they must contact the court within 28 days after receiving a copy of my defence after that period has lapsed the claim will be stayed the only actiion the claimant can then take will be to apply to a judge for an order lifting the stay. (what does that mean).

 

Then on saturday just gone 10th May i recd the letter that i posted recently from Hamptons Legal as you say basically Lowells .

 

So i dont have a court date or anything a mo - do i just sit and wait i know not to contact them and i havent and am not going to but do i reply to the letter or just leave it

 

Like what you wrote ODC tempting to send - shall i

[The GodMother]

Basically all the courts are saying is that the claimant has been served with a copy of your paperwork and if they have not contacted the courts 28 days after the courts deeming the paperwork as served on them then they will need to apply to the judge and ask for a stay to be lifted.

 

A stay is just like a holt in procedings it just means that no further action can be taken until such time it is lifted.

[42man]

As GM says HCB....they now need to respond to your defence....my feeling is that they will drop the case as it is almost certainly statute barred !!! If they continue they will be incredibly foolish !!!....and you can claim your costs in court.....please message me if you need me and keep this thread updated too...

[hcb]

Hi i have received an AQ yesterday and it needs to be sent back by the 29th May lots of questions on it and i dont know how to complete it properly can anyone help me please

[42man]

What are the questions hcb ?...also search under AQ for other threads....

[42man]

This may help you which form is it N149 or N150 ??

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/131499-directions-n150-n149-allocation.html

 

Also have a read here too...

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/124253-me-cl-cohen-received-3.html?highlight=questionnaire

[hcb]

Hi its an N150 questionaire

[hcb]

Hi need help wih the N150 questionaire it needs to be sent off by 26th may i have read the links that you advised me to read still bit confused unsure what answers to put have put some though

 

Section A Settlement

A1 - have answered no to as dont want to settle

A3 - mediation - answered no

A4 - if answered no to question A3 please state reasons why

 

Section B Location of trial

any reason why claim needs to be heard at particular court - have said no

 

Section C Pre-Action Protocols

Are you expected to comply with pre-action protocols and have i done so if answer is no i need to explain why

 

Section D Case management

What amount is in dispute - i have put the full amount £7000

Have you made any applications in this claim and if yes what for - dont know what to answer or put

Witnesses - i have put myself as a witness of fact

 

Section E Experts

Do you wish to use expert evidence at the trial -

have you already copied any experts reports

Do you consider the case suitable for a single joint expert in any field -

Do you want your expert to give evidence and reasons why - i have not answered any of those questions

 

TRACK -

Which track do you consider most suitable for your claim , small, fast or multi - i dont know which one to tick

 

Trial or final hearing

how long do estimate it will take

 

Section F Proposed Directions

Have you attached a list of directions you think appropriate for the management of the claim - dont know what to answer

If i answer yes have they been agreed with the other party - not know what to put

 

Section G Costs

Not to complete this section if case is suitable for small claims track or have suggested one of the other tracks and do not have a solicitor acting for you (i dont have a solicitor)

 

H Fee

Do i have to attach a fee for filing this AQ - if so i dont know how much

 

I - Other info

have i attached docs to the AQ

have i sent any to other parties

do i intend to make any applications in immediate future

and then there is space below for any other info i may need to add

 

Do i sign the form or to i just write my name on all other docs i have just written my name

 

Can someone please get back to me asap its really stressing me out :confused:

[42man]

Bumping this up as i'm not sure on the N150 stuff !!

[42man]

OK I have asked PT2537 to take a look to give assistance, which he will in the next couple of days....If you haven't HCB then send me a PRIVATE MESSAGE !!!

[42man]

bumping up !! can anybody assist on the N150 please ?

[The GodMother]

not really but there are templates in the legal issues section of the debt threads

[42man]

Section A

No

 

Section B

Yes

"The Defendant respectfully requests that the case is heard at his/her local County Court (Leicester County Court) as he is a Litigant in Person."

 

Section C

Part 2 - No

 

Additional page to Section C

 

• The claimant has provided no proof that this debt is barred under the statute of limitations 1980
  
• The Defendant has no information to supply;
  
• The burden of proof is on the Claimant to supply documents supporting their claim as per CPR part 16, which to date the Claimant has not done."
  

Section D

Whole claim (£7000 - write the exact amount here)

Applications - No

Witnesses - Me, "All facts"

Experts - No, No, No, No

Track - Small Claims Track

"Whilst the value of this claim exceeds the traditional value limits, it is respectfully requested that this case be allocated to the Small Claims Track - it is a straight forward case and should be easily resolved on production of the required documentation by the Claimant. "

 

Section E

Time estimate: 1hr

Unavailable dates: Yes (listed)

 

Section F

Attached directions - Yes

Agreed - No

 

Section G

Left blank

 

Section H

No, No, No

"If the Court is in agreement, the Defendant respectfully requests that special directions may be given as per the attached Draft Order. The Defendant proposes these directions in mind of the Overriding Objectives, and in particular the duty of the parties to help the court further them. The issues outlined below are the crux upon which this claim rests, and the proposed directions identify these issues and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously;

 

Without production of the requested documents, the Defendant is at a disadvantage and is unable to serve a complete Defence in response to the documents requested (under the Civil Procedure Rules Part 16). Failure of the Claimant to supply the requested documentation will inhibit the Court's ability to deal with the case.

 

The House of Lords in the case of Wilson v First County Trust Ltd - [2003] All ER (D) 187 (Jul) made it clear in paragraph 29 of LORD NICHOLLS OF BIRKENHEAD judgment:

29. The court's powers under section 127(1) are subject to significant qualification in two types of cases. The first type is where section 61(1)(a), regarding signing of agreements, is not complied with. In such cases the court 'shall not make' an enforcement order unless a document, whether or not in the prescribed form, containing all the prescribed terms, was signed by the debtor: section 127(3). Thus, signature of a document containing all the prescribed terms is an essential prerequisite to the court's power to make an enforcement order. The second type of case concerns failure to comply with the duty to supply a copy of an executed or unexecuted agreement pursuant to sections 62 and 63, or failure to comply with the duty to give notice of cancellation rights in accordance with section 64(1). Here again, subject to one exception regarding sections 62 and63, section 127(4) precludes the court from making an enforcement order.

 

Should the Claimant not have the documentation required to progress this case, the Defendant would respectfully suggest that there is no case to answer. Therefore, it stands to reason that this documentation must be disclosed before the case can progress any further."

 

Plus, the Draft Order:

 

Quote:

 

1. The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

• Copies of the Credit Agreement, and all documents referred to within it, which complies with Consumer Credit Act (1974) and all subsequent regulations;
  
• A copy of any Default Notice issued, compliant with s.87(1) Consumer Credit Act (1974) and Consumer Credit (Enforcement, Default and Termination Notices) Regulations (1983) (SI 1983/1561) as amended;
  
• Any document, contract or deed of assignment (if applicable);
  
• Any notice of assignment (if applicable), with proof of service of the same compliant with s.196 of the Law of Property Act (1925);
  
• A statement of account, signed by or on behalf of the Claimant showing:
  

- the state of the account, and

- the amount, if any, currently payable under the agreement by the Defendant to the Claimant, and

 

- the amounts and due dates of any payments which, if the Defendant does not draw further on the account, will later become payable under the agreement by the Defendant to the Claimant;

• A transcript of all transactions, including charges, fees, interest and alleged repayments;
  
• A full breakdown of how the sum claimed has been calculated;
  
• Copies of any statement or other document that the Claimant seeks to rely upon
  

If the Claimant fails to comply with this order, the claim will be struck out without further order.

 

 

2. The Defendant shall within 14 days of service thereafter file and serve the following:

• An amended Defence sufficiently particularised in response to the documents supplied by the Claimant
  

If the Defendant fails to comply with this order, the Defence will be struck out without further order.

 

Proof from the claimant that the debt is not statute barred

[hcb]

Hi all back again

Have sent court papers off as 42man has advised me sent them recorded delivery guaranteed for the following day - and now things have just got worse -

recd a letter from Lowells on saturday just gone i correct myself its from there legal department Hamptons - letter reads as follows

 

Our records indicate the date of the last payment made against the account was on the 15th July 2002 in the sum of £5. we therefore believe that the account is not legally unenforceable as you claim and would refer you to section 29 (5) and (6) of the Limitation Act 1980.

 

We enclose a copy of the statement of account provided to us by your original creditors Lloyds Bank PLC and look forward to receiving proposals of payment

 

Attached to the letter they sent me is a copy with a list of dates and payment amounts - i honestly dont remember paying this debt in 2002

 

What do i do now do i get in touch with my current bank and request copy statements - as far as i was concerned i looked at statements i had upto 2000 and had not made any payments i thought my last payment made was in 1998/99

 

Help Please

:-?

[ODC]

First of all dont panic. Hamptons are not solicitors. They are just another desk in Lowells.

 

The £5 payment in all likelyhood was made by the OC or a DCA when the debt was sold on. This is a common practice. They MUST PROVE YOU made the payment. Write and tell them you did not make the payment and DEMAND proof as to how the payment was made, where it was made and by whom. They tried this little ploy on with me but I could prove I wasnt even in the country at the time.

[hcb]

Hi ODC

 

i know am bit dense but do you have a letter format of what you have just advised me to request from Lowells Hamptons or whatever they are as not good at letters please

 

help from all would be soooooooooooooooo much appreciated, shall i contact my bank and get copy statements, or is that going to cost me

 

stressing as usual

:-?

[hcb]

sorry small question again what do you mean by the payment would have been made by the OC or a DCA when the debt was sold on. This is a common practice.

[ODC]

Dear Lowells

 

I have previously informed you that this account was Statute Barred by virtue of S5 Of the Limitation Act 1980. This still remains the case.You have indicated that a payment was made in July 2002. I did not make any such payment and therefore require written proof of

a. Details of when and where such payment was made

b. Method of alleged payment

c. Deatils of person making such payment.

 

For the avoidance of ANY doubt. I do not acknowledge ANY DEBT to you or anyone you purport to represent. I deny making any payment in July 2002 and put you to strict proof that the alleged payment was made by me.

 

ps I have sent you a PM

[42man]

Your CPR request specifically requests the statements and any defaults, termination notice, notices of assignments, letters before action....and the CCA request....if they can't provide those then you are on to a winner....

[hcb]

hi again

 

so shall i send the letter that ODC has stated (post 3rd june)above or just leave it and wait and see what happens

[The GodMother]

You can send that letter if u wish but i do have a full CPR request if u would like me to post it up so u can send.

[ODC]

With respect Godmother. I think itd a bit to early to send a CPR letter yet. The Leeds Losers havent actually issued proceedings. They have just change to Hamptons notepaper and as you know Hamptons are not solicitors they are just another desk in Leeds.Its the one beside the fire exit as far as I can recall.

[The GodMother]

God they must have had a few ppl leave the building then. I heard there last desk was three steps down from the fire door.

 

Well i think then if the losers will issue a claim its best he has full info then.

 

I keep forgetting that lowells and hamptons are a bunch of useless time wasters as i dont have any dealings with them.

 

All tho they do seem to have put there name to a big building in Norwich which may not be related but it does say lowells all over the place.