Need advice re a Debt Letter i have just received

[ODC]

I dont think the Leeds losers will issue a claim. They know who paid this £5 and it sure as hell wasnt the OP.

[hcb]

Hi

 

No more letters or news yet - i take it then i should now just sit and wait

[The GodMother]

yep its the fun waiting game. I will join u tho.

[hcb]

:confused:Hi everyone - am back - have finally received a letter from the courts got it last week the letter is a General Form of Judgement or Order and in the letter it says

 

IT IS ORDERED that the Claimant shall by 5th August 2008 send to the Defendant and to the court :

a) copies of the credit agreement and any documents referred to within it which complies with the consumer credit act 1974 and all subsequent regulations which the Claimant seeks to rely on

 

b) default notice compliant with S87(1) CCA 1974 and CCR 1983

c) document, contract or deed of assignment

d) notice of assignment with proof of service of the same compliant with S196 of the law of property act 1925

e) copies of any statement or other document relied upon

 

AND IT IS ORDERED that if the claimant fails to comply with this order the claim will be struck out without further order

 

IT IS FURTHER ORDERED that the defendant shall by 19th August 2008 file and serve an amended defence sufficiently particularised in response to the documents supplied by the claimant

 

AND IT IS FURTHER ORDERED that if the defendant fails to comply with this order the defence will be struck out without further order

 

My understanding of this letter is that Lowells need to provide me with information by the 5th Aug on receipt of this information i then provide the court with my defence again - is that correct

 

What happens if i dont receive any other paperwork -

All Advice appreciated - Thanks

[42man]

This is certainly positive. If you have received NOTHING from them...then I would send this letter to the court (by recorded delivery)...bear in mind that they have only until tommorrow to get all the paperwork back to you....!!!

 

To Date the claimant has failed to comply with my request under the CPR and I have not received any such documentation requested. As a result it has proven difficult to compose this defense without disclosure of the information requested, especially given that I am Litigant in Person.

 

The Defendant denies that there has been any failure to make payment in accordance with the alleged contract. The Claimant has failed to produce a copy of a credit agreement in the requisite timescale/at all, and in the absence of such an agreement, which conforms to sections 60 and 61 of the Consumer Credit Act 1974, the Defendant avers that no agreement has ever existed for there to have been any failure to make said payment.

 

The claimant has failed to provide, any defaults, notices of assignment with proof of service of the same compliant with S196 of the law of property act 1925

 

or copies of any statements

 

The Claimant, possessing no legal right claim monies allegedly owed, has acted unlawfully in issuing this claim.

 

The claimants have not established any legal right to issue a claim/ proven that any debt exists.

 

The claimants have not given any proof whatsoever that the debt is barred by statute.

 

It is the Defendant’s position that the Claimant’s claim is entirely spurious and without merit and should be struck out for the aforementioned reasons and it be granted that the court order the claimant to pay my costs which amount to. £296:00 (whatever they are)

[ODC]

Oh dear looks like poor Lowells are up the proverbial creek sans paddle. They have not produced any documentation with which they can prove an agreement actually exists. It looks as if they thought you would not have defended this case and that they would have got judgement by default. Now the shoe is on the other foot and you should kick them hard and go for costs against them.

[The GodMother]

ooooooooooooppppppppppssssssss.

 

i hope u have printed that letter and have a few spare rd slips.

[Decanus]

Good stuff!!

 

They don't like it up 'em.............

 

be nice to see the courts crack down on these idiots dragging people into court and wasting everybody's time.

 

Definitely claim costs back, and tell them you have done a land registry search if they don't pay.........heh heh

[hcb]

Hi again everyone - so 5th August has now been and gone and i have received nothing from Lowells - i will now send the letter to the court that 42man advised me to do in his last post.

 

BUT today i received a letter from a company called Tower Investigations Ltd they are private investigators, surveillance specialists and Genealogical Experts and they are based in Huddersfield. In the letter it says:

We act on behalf of a client and would be obliged if you could telephone us on freephone no 0800 877 8764 in order to assit our enquiry. The signature on the letter is printed. Of course i have not rang them i am now suspisious of any letters that i receive especially at the moment with this Lowells stuff still not totally finished - are they connected

 

Should i ring - as fair as i am aware i have no long lost relatives or anybody that my have left me in there will (i wish). i have a susipison (cant spell) that maybe this is connected as i am positive i have no other issues or debts or anything outstanding.

 

PLEASE ADVISE PEEPS

WILL THIS EVER EVER EVER BE OVER

Thanks

[hcb]

Hi again also the letter that 42man advised me to send in the post 4th august advises me to state costs at the bottom that i request i be compensated for what amount should i put down, and am i just better off leaving it and just forgetting it, if it means its finally finished.

[ODC]

UNDER NO CIRCUMSTANCES RING THESE MUPPETS

 

They are on a phishing trip. They have no Legal Powers and you are under NO obligation to contact them whatsoever

 

 

Tower Investigations

[hcb]

do you think this is related to stuff going on with Lowells

[godpikachu]

could be, they might be trying to do a background check on you or somehow trick you into giving permission for someone to come and see you, by telling you you may have some family that you dont know about.

 

seems daft, but its not totally impossible, these companies do stoop to some lows.

[ODC]

Tell them nothing. Its unlikely Lowells with all their Secret Agents and State of the Art systems would bother with a Mickey Mouse Outfit like this.

 

Could be another low life DCA on a Phishing Trip. Just ignore them

[42man]

Send the letter to the courts....ignore the investigations company.

 

As for costs...add your time £9:75 per hour + parking + postage

 

So time spent researching law 10 hours = £97:50

Time consultaing a lawyer £150

 

Postage £5

 

etc etc...

[42man]

Any news on this hcb ??

[hcb]

Long time no contact - i feel that maybe it is finally sorted but now am not so sure

 

Received a letter from the courts in september (sorry not been in touch had issues re childcare un stuff at work) anyway the letter says:

 

The court has received and placed your defence on file. Please note that the claim has been struck out as the claimant has not complied with the order of the 17th June 2008.

 

So i thought hey this is all over - low and behold i have received a letter this week from another debt recovery company :

 

Its addressed to me its from global debt recovery ltd New Malden Surrey, again this letter says: our client has instructed us in respect of the above account no and we would appreicate your assistance by calling our information section on: 0208 336 7102.

 

WHAT IS GOING ON - i definately know i have no outstanding debts that i am aware of the account no they have given me i dont know of.

 

Yes years and years and years ago approx 15 yrs ago i had a joint mortgage it all went pear shaped was never paid off other than that and the one that has been discussed in this forum - I JUST DONT KNOW

 

HELP YET AGAIN PLEASE : is the debt from lowells now over and done with WHAT DO I DO :x:confused:

[ODC]

Wait until these new set of muppets come up with something more substantive and then we can address that. In the meantime ignore.

[hcb]

ok i will - obviously i have not contacted them - will now wait again to see what happens - thanks everso - do you think this is related to lowells

[ODC]

Hopefully its for the same thing and if so they will be easy to dispose of.

[itsamomentintime]

the claim has been binned as lowells cannot provide any evidence that it exists - simple as.

 

this fact wont change no matter who comes a-calling

[ODC]

the claim has been binned as lowells cannot provide any evidence that it exists - simple as.

 

this fact wont change no matter who comes a-calling

............Assuming of course the new set of pondlife are sending begging letters about the same ALLEGED debt.

[hcb]

but has the debt gone away - just because the court has dismissed it does it still mean its there

[hcb]

could it be that (i hope not) its been passed to some other debt agency to try and get is there anyway of me securing that the debt does not reoccur

[The GodMother]

Thay may have passed it on but you wontno till you have suitable contact from a DCA which actually tells you more.

 

I rhink they can only chase for Mortgage debt for 12 years and if the debt is not showing on your CF then i dont think there will be a debt.