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Thread: My wife received a CCJ from Lowell for a home loan of 2012. The name is wrong.

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  1. #1
    Yasifsadi's Avatar

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    Default My wife received a CCJ from Lowell for a home loan of 2012. The name is wrong.

    Hi all

    i need advice please. My wife received a CCJ. Claim form on 11 November dated6 November. But in the letter her name was wrong by one word. I checked noodle credit report in that the name is wrong by one word as well. This account was opened in May 2012. Now my questions are below:

    1. If name is wrong is it legally enfircable?
    2. Should I acknowledge the claim?
    3. What should I ask from Lowell.
    4. What and how should I write my defence?

    Inwoukd be really helpful if you please provide with the informations.

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    nemesis45's Avatar

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    Default Re: My wife received a CCJ from Lowell for a home loan of 2012. The name is wrong.

    Quote Originally Posted by Yasifsadi View Post
    Hi all

    i need advice please. My wife received a CCJ. Claim form on 11 November dated6 November. But in the letter her name was wrong by one word. I checked noodle credit report in that the name is wrong by one word as well. This account was opened in May 2012. Now my questions are below:

    1. If name is wrong is it legally enfircable?
    2. Should I acknowledge the claim?
    3. What should I ask from Lowell.
    4. What and how should I write my defence?

    Inwoukd be really helpful if you please provide with the informations.
    If the claim is not acknowledged Lowell will seek judgment by default so do this online now at Money Claim Online.

    Name wrong by one word or one letter?
    You say your wife received a claim, who is actually named on the claim?

    More history of the debt is needed to get you more advice.

    How much is claimed, what is the debt from credit card/loan/bank account /overdraft?

    Who was the original creditor?

    When did payments cease?

    nem

    - - - Updated - - -

    Quote Originally Posted by Yasifsadi View Post
    Hi all

    i need advice please. My wife received a CCJ. Claim form on 11 November dated6 November. But in the letter her name was wrong by one word. I checked noodle credit report in that the name is wrong by one word as well. This account was opened in May 2012. Now my questions are below:

    1. If name is wrong is it legally enfircable?
    2. Should I acknowledge the claim?
    3. What should I ask from Lowell.
    4. What and how should I write my defence?

    Inwoukd be really helpful if you please provide with the informations.
    If the claim is not acknowledged Lowell will seek judgment by default so do this online now at Money Claim Online.

    Name wrong by one word or one letter?
    You say your wife received a claim, who is actually named on the claim?

    More history of the debt is needed to get you more advice.

    How much is claimed, what is the debt from credit card/loan/bank account /overdraft?

    Who was the original creditor?

    When did payments cease?

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
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  3. #3
    Yasifsadi's Avatar

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    Default Re: My wife received a CCJ from Lowell for a home loan of 2012. The name is wrong.

    Hi thanks for tour reply.

    The claim aim is against my wife. The letter got her name wrong by one letter in her first name.

    The lian was from Provident The default date was October 2012 and last payment I think was around july 2012.

    I will qcknowledhe it but I think I have 14 days time. So we will do it in few days.

    The defualt amount showing 464 and the claim is total for 600+.

    I never recived any letter from provident but Lowell.

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    Diana M's Avatar

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    Default Re: My wife received a CCJ from Lowell for a home loan of 2012. The name is wrong.

    Quote Originally Posted by Yasifsadi View Post
    my questions are below:

    1. If name is wrong is it legally enfircable?
    2. Should I acknowledge the claim?
    3. What should I ask from Lowell.
    4. What and how should I write my defence?

    Inwoukd be really helpful if you please provide with the informations.

    This forum has information and guidance on how to respond to a county court claim in this 'First Steps' link here>

    https://legalbeagles.info/library/gu...y-court-claim/

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forum’s site rules don’t allow me to give advice by PM but if you need to contact me please email [email protected]. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  5. #5
    nemesis45's Avatar

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    Default Re: My wife received a CCJ from Lowell for a home loan of 2012. The name is wrong.

    Quote Originally Posted by Yasifsadi View Post
    Hi thanks for tour reply.

    The claim aim is against my wife. The letter got her name wrong by one letter in her first name.

    The lian was from Provident The default date was October 2012 and last payment I think was around july 2012.
    The one letter error in a name is likely to be considered trivial. Your wife should acknowledge asap.
    Who is the solicitors involved on behalf of Lowell?
    You wife needs to get a request off to Lowell for a copy of the provident agreement for his loan use this sites template and use a Postal Order for £1.00 which is the statutory fee for the request (CCA request) us signed for post.

    nem
    Last edited by Amethyst; 3rd December 2017 at 07:51:AM.
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





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    Yasifsadi's Avatar

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    Default Re: My wife received a CCJ from Lowell for a home loan of 2012. The name is wrong.

    Hi All

    i have sent the letters to Lowell and solicitors. I received a letter from the solicitor saying that they have notified Lowell of my request to see documents. And it will be disclosed on it before courts as directed.
    My last defence date is on 6 th December. The letter also states that they can extend court submission time if I need it. Please advice.

  7. #7
    warwick65's Avatar

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    Default Re: My wife received a CCJ from Lowell for a home loan of 2012. The name is wrong.

    Clearly it is not you (or more accurately your wife) who needs more time it is Lowell.

    I assume you have sent the cca request to Lowell and the cpr31. 14 request to the solicitors. What did you ask for in your 31.14 request

    You have said the solicitors have replied promising docs before court but have you heard from Lowell about the cca request?
    Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
    I have no formal legal training
    Any advice is offered without liability
    If in doubt take professional legal advice or contact the CAB

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    Yasifsadi's Avatar

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    Default Re: My wife received a CCJ from Lowell for a home loan of 2012. The name is wrong.

    Hi
    thakns for reply. I haven’t heard anything from Lowell. I have requested documents as advised by legal beagle. I don’t know what should I write my defence on.

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    warwick65's Avatar

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    Default Re: My wife received a CCJ from Lowell for a home loan of 2012. The name is wrong.

    Hi
    I can't see what you have actually asked for in your cpr31.14

    I know you were directed to the first steps but the cpr letter is just a template and clearly says only ask for things mentioned in the particulars of claim- hence I asked what exactly you had asked for because you have not posted the particulars of claim. Maybe someone told you away from this thread.

    As for your defence, there is an EXAMPLE defence at the top of the page based on non disclosure but this does need tweaking so that it suits your circumstances

    Without knowing the facts it is difficult to offer any direction
    Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
    I have no formal legal training
    Any advice is offered without liability
    If in doubt take professional legal advice or contact the CAB

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    MIKE770's Avatar

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    Default Re: My wife received a CCJ from Lowell for a home loan of 2012. The name is wrong.


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    Yasifsadi's Avatar

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    Default Re: My wife received a CCJ from Lowell for a home loan of 2012. The name is wrong.

    Quote Originally Posted by Particulars of Claim
    1.The claim is for the sum of £465 .00


    2.Due by the defendant under an agreement consumer act 1974 for a Provident personal credit Limited account with a reference : xxxxxxx


    3. The defendant failed to maintain contractual payments required by the agreement .


    4.Default notice was served under s.87(1) of the consumer act which has not been complied with.


    5. The debt was legally assigned to the claimant on 29 August 201. Notice of which has been sent


    6.The claim includes statutory interest under s.69 of the county court acts 1984 at a rate of 8%


    7. the claimant claims the sum of £502.20

    Received reply of CPR 31.14 request sent to solicitor dated 20 November 2017 . i received their letter dated 27 Nov 2017.


    the letter says as below:

    We have received your letter in which you make a request for documents and have notified our client Lowell Portfolio I Ltd of this request. Documents in support of our clients claim will be disclosed on or before disclosure as directed by the court . In the meantime please file your response to the claim form accordance with the court timetable .


    if you require further time to prepare your response please let us know as we may be able to agree a short extension to the court time table
    Last edited by Amethyst; 3rd December 2017 at 07:50:AM.

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    warwick65's Avatar

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    Default Re: My wife received a CCJ from Lowell for a home loan of 2012. The name is wrong.

    So you acknowledged the claim?

    If so you have until 14th Dec to file your defence assuming the claim was dated 11th Nov.

    You can use the sample defence as a template and tweak

    No DN and you require proof

    No assignment and you require proof

    No agreement and you require proof

    No response to S77(1) request therefore S77(4) applies and it is unenforceable.
    Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
    I have no formal legal training
    Any advice is offered without liability
    If in doubt take professional legal advice or contact the CAB

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    MIKE770's Avatar

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    Default Re: My wife received a CCJ from Lowell for a home loan of 2012. The name is wrong.


  14. #14
    Yasifsadi's Avatar

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    Default Re: My wife received a CCJ from Lowell for a home loan of 2012. The name is wrong.

    Hi everyone
    i need help with the above. Apart from a letter from the solicitor I didn’t receive anything. My last fate of defence is tomorrow. Please help me with defence. Please find what they say in soliciotrs letter above. I really appreciate your help in this regard.

  15. #15
    warwick65's Avatar

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    Default Re: My wife received a CCJ from Lowell for a home loan of 2012. The name is wrong.

    If the claim was dated 11th November you have until 14th Dec and not tomorrow. the timescale is 33 days ( 28 days + 5 for posting)

    I'm sure someone will pop in to help

    have you drafted a defence yourself that can be looked at?

    Just for clarity , the date I gave is ONLY if the date of the claim form was 11th November
    Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
    I have no formal legal training
    Any advice is offered without liability
    If in doubt take professional legal advice or contact the CAB

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    Yasifsadi's Avatar

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    Default Re: My wife received a CCJ from Lowell for a home loan of 2012. The name is wrong.

    Quote Originally Posted by warwick65 View Post
    If the claim was dated 11th November you have until 14th Dec and not tomorrow. the timescale is 33 days ( 28 days + 5 for posting)

    I'm sure someone will pop in to help

    have you drafted a defence yourself that can be looked at?

    Just for clarity , the date I gave is ONLY if the date of the claim form was 11th November
    Hi thanks for reply.

    The date on court letter is 6th November. So I think the last day is tomorrow.
    I haven’t made any example defence as I am not sure what to write. As the solicitor letter offered me to extend time if I needed it. So what should I mention.

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    warwick65's Avatar

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    Default Re: My wife received a CCJ from Lowell for a home loan of 2012. The name is wrong.

    There is an example defence at the top of the page but without knowing what documents you have requested and from whom it is impossible to say.

    Did you send a cca request with the fee to the claimant?
    Did you send a cpr31. 14 request to the solicitor and if so what did you ask for.

    Sorry I misread your first post however 33 days from 6th is 9th Dec which I think is Saturday so you have until 4pm on the Monday to file a defence.

    I imagine you will be saying no default notice. No assignment and non compliance with s 77(1) and therefore s77(4) applies. Points covered in the template defence above
    Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
    I have no formal legal training
    Any advice is offered without liability
    If in doubt take professional legal advice or contact the CAB

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    Diana M's Avatar

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    Default Re: My wife received a CCJ from Lowell for a home loan of 2012. The name is wrong.

    Quote Originally Posted by Yasifsadi View Post
    The claim aim is against my wife.

    . . . . The lian was from Provident.
    Lian (did you mean lien?)

    Was/is this a secured loan?

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forum’s site rules don’t allow me to give advice by PM but if you need to contact me please email [email protected]. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  19. #19
    Yasifsadi's Avatar

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    Default Re: My wife received a CCJ from Lowell for a home loan of 2012. The name is wrong.

    hi
    Please check the defence which i am submitting today. thanks


    1. I received the claim xxxxxxxxxxxx from the Northampton County Court on 06 November 2017.
    2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
    3. This claim appears to be for a Loan agreement regulated under the Consumer Credit Act 1974.
    4. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
    5. The Claimant’s Particulars of Claim fail to state when the agreement was entered into.
    6. The Claimants statement of case states that the account was assigned from Provident Personal Credit Ltd to Lowell Portfolio Ltd on 29 August 2014. The Defendant does not recall receiving notice of this assignment.
    7. It is denied that Provident Personal Credit Ltd served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.
    8. On the 20th November 2017 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Cohen Cramer Solicitors. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.
    9. Cohen Cramer Solicitors has not sent any of these documents to me.
    10. On the 20th November 2017 I sent a formal request for a copy of the original agreement to Lowell Portfolio Ltd pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.
    11. The Claimant has failed to comply with s77 (1) Consumer Credit Act 1974 and by virtue of s77 (4) Consumer Credit Act 1974 cannot enforce the agreement.
    12. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
    13. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.
    14. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.
    15. It is denied that the Claimant is entitled to the relief as claimed or at all.

    Statement of Truth
    The Defendant believes that the facts stated in this Defence are true.
    Signed ________________________________
    Dated ________________________________
    Last edited by Amethyst; 11th December 2017 at 09:44:AM. Reason: removed attachment and pasted relevant text

  20. #20
    nemesis45's Avatar

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    Default Re: My wife received a CCJ from Lowell for a home loan of 2012. The name is wrong.

    Quote Originally Posted by Yasifsadi View Post
    hi
    Please check the defence which i am submitting today. thanks
    Remove Claim Number please.

    nem
    Last edited by Amethyst; 11th December 2017 at 09:45:AM.
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





  21. #21
    Amethyst's Avatar

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    Default Re: My wife received a CCJ from Lowell for a home loan of 2012. The name is wrong.

    That looks absolutely fine.

    ( I've removed the attachment as you'd left claim no and full name on it )
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

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  22. #22
    Diana M's Avatar

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    Default Re: My wife received a CCJ from Lowell for a home loan of 2012. The name is wrong.

    Quote Originally Posted by Yasifsadi View Post
    Please check the defence which i am submitting today
    I would also ask your wife to check her Defence and make sure she understands everything because she will be signing and swearing the Statement of Truth, and may have to argue the contents in court since it's her claim.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forum’s site rules don’t allow me to give advice by PM but if you need to contact me please email [email protected]. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

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