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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.

  2. #2
    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.
    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.





  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.





  6. #6
    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.

  9. #9
    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.


  11. #11
    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.

  12. #12
    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

  16. #16
    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.

  17. #17
    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

  18. #18
    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
    Attached Files Attached Files

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