***DISCONTINUED** CCJ sent from Lowell Solicitors Limited

[gaz1525]

Re: CCJ sent from Lowell Solicitors Limited, Help needed please!

Hi,
yep, I've sent a SAR to three but as yet had nothing back.

Am i correct in thinking that they haven't sent a copy of 'the agreement' or will their you put a sim card in suffice as proof on their part in court?

They have sent me the NOA from them and one apparently from three although that isn't on headed paper and looks like something they have just typed up on a computer and sent to me.

I added
3. A copy of the deed of assignment
As suggested in my letter, they have said however that i am not entitled to see it as it is a confidential agreement between their client (Lowell portfolio) and three.
they have also said that i do not have any deed or contract with their client (lowell portfolio).

I will lok into a part 18 request. i presume there is a template on this website for one?

Many thanks again

[warwick65]

Re: CCJ sent from Lowell Solicitors Limited, Help needed please!

Hi

Part 18 requests are not that easy and do not come with a template

I personally have never sent one but I know that solicitors regularly use them in both small claims and fast/multi track claims

They are a way of finding out specific info
An example might be in a case when a credit card was defaulted

Please give the date the default notice was issued
Please supply the remedy date from the default notice
Please certify what method of delivery was used to deliver the Default Notice

[Amethyst]

Re: CCJ sent from Lowell Solicitors Limited, Help needed please!

Very basically one sent a while back. Only really useful before any defence is entered particularly in small claims. Sometimes they work to get extra info and sometimes they don't. They are really meant for questions as opposed to documents ( oh as Warwick has said )

Your address

Date

His Address ( as on the claim form )

Dear Mr xxxxxxxxxxxxxxx

Claim No: XXXXX
NORTHAMPTON County Court Business Centre
xxxxxxxxx's v xxxxxxxxxxxxxxxxxxx
PART 18 REQUEST FOR FURTHER INFORMATION

Please provide the following information;

1) A copy of the agreement / contract on which your claim relies.
2) A copy of the terms and conditions applicable to the claim
3) A full statement of the account on which the charge has been applied
4) Provide details of how the sum claimed has been calculated.
5) A copy of any invoice supplied relating to your claim.
6) Provide the date and time any payment attempt was made and the result of that attempt.
7) Provide details of when access to the online account was removed.

TAKE NOTICE THAT YOU ARE REQUIRED TO ANSWER THE ABOVE REQUEST WITHIN 7 DAYS OF SERVICE OF THE SAME UPON YOU.

It is required that answers to these questions be verified by a Statement of Truth by an authorised signatory of xxxxxxxxxxxxxx Ltd. If you are unwilling to comply with my request for further information please inform me and I will consider entering an application to the court to obtain such. I refer you to Civil Procedure Rules Part 18 and Practice Direction 18.

Yours sincerely

xxxxxxxxxxxxxx
Defendant

[gaz1525]

Re: CCJ sent from Lowell Solicitors Limited, Help needed please!

Hi all just an update, 2 weeks ago i received a letter from the court saying that lowell had to comply with the defence and send me the documents that they have mentioned in their defence and had until the 1st december or the claim would be struck out. i received a letter yesterday from lowell stating that they were discontinuing the claim!! i have 2 questions now. 1) can i claim any costs from lowell? 2) how do i get this removed from my credit file?
Thanks in advance

[nemesis45]

Re: CCJ sent from Lowell Solicitors Limited, Help needed please!

Hi all just an update, 2 weeks ago i received a letter from the court saying that lowell had to comply with the defence and send me the documents that they have mentioned in their defence and had until the 1st december or the claim would be struck out. i received a letter yesterday from lowell stating that they were discontinuing the claim!! i have 2 questions now. 1) can i claim any costs from lowell? 2) how do i get this removed from my credit file?
Thanks in advance

For what ever reason Lowell decided to discontinue the claim it does not mean the alleged debt is wiped out it's just that perhaps they don't have documents or consider it's no worth the cost of going forward.
The credit files will be maintained for the balance of the 6 years since the default date.

You could " ask" Lowell to consider removing the entries as " a gesture of goodwill" though I suspect they will decline saying the files must show an accurate and up to date picture of the conduct of the account.

nem

[Amethyst]

Re: CCJ sent from Lowell Solicitors Limited, Help needed please!

Hi all just an update, 2 weeks ago i received a letter from the court saying that lowell had to comply with the defence and send me the documents that they have mentioned in their defence and had until the 1st december or the claim would be struck out. i received a letter yesterday from lowell stating that they were discontinuing the claim!

Good News !!!! Well done

! i have 2 questions now. 1) can i claim any costs from lowell? 2) how do i get this removed from my credit file?
Thanks in advance

Sadly it is as Nemesis has said, the debt still exists and the default will remain on your file for the 6 years from the original default date. As the case was small claims it's unlikely to be worthwhile trying to claim wasted costs.

[gaz1525]

Re: CCJ sent from Lowell Solicitors Limited, Help needed please!

Thanks for the quick reply! looking at my credit report the original default balance was £86 but currently sits at £643! can i challenge this? secondly the date of default is down as the date that lowell purchased the debt not the original default date! how do i challenge this? thirdly if they are not continuing with the claim, can they in the future go to small claims again for it?
Thanks

[Amethyst]

Re: CCJ sent from Lowell Solicitors Limited, Help needed please!

Did you do a SAR to Three at all ?

Which credit report are you looking at ? Sometimes when a new company takes it over they take over reporting and it looks like they've started reporting a Default on ( well here, 23/12/2014 ) when in fact the Default was applied previously - if you're on Noddle it should say when it was defaulted originally... just worth checking it out first .. then if it is actually incorrect you can make a complaint.

for example this looks like they defaulted it in September 2017 - but really that's just when they took it over, and the Default Date is registered at Jan 2016.....

[gaz1525]

Re: CCJ sent from Lowell Solicitors Limited, Help needed please!

Hi thanks for the reply, Both Noodle and Clear score only have the date that the account was opened and then the default date of when they took over the debt. i will have a check of the paperwork they sent me when i get home as I'm almost 100% positive the date of default was before this. Secondly if they cannot provide a copy of the contract then how are they able to say that the information is true and accurate on my credit report? Also if i am unable to have anything amended on my credit report can i ask for it to continue to a hearing then win to have it removed from my report?
Thanks

[nemesis45]

Re: CCJ sent from Lowell Solicitors Limited, Help needed please!

Hi thanks for the reply, Both Noodle and Clear score only have the date that the account was opened and then the default date of when they took over the debt. i will have a check of the paperwork they sent me when i get home as I'm almost 100% positive the date of default was before this. Secondly if they cannot provide a copy of the contract then how are they able to say that the information is true and accurate on my credit report? Also if i am unable to have anything amended on my credit report can i ask for it to continue to a hearing then win to have it removed from my report?
Thanks

Hello Gaz,

The data on the credit reference file was placed by the original creditor and Lowell just take over the reporting.

Even if you win on the grounds that the debt is unenforceable due to lack of the agreement is does not alter the fact there was a debt and it continues to be reported until 6 years after the default date.

See [MENTION=6]Amethyst[/MENTION]s #23 re defaults dates, the original default date is set by the creditor the likes of Lowell cannot change it.

nem

[Diana M]

Re: CCJ sent from Lowell Solicitors Limited, Help needed please!

if they are not continuing with the claim, can they in the future go to small claims again for it?

The answer to your question is since you filed a Defence before Lowells discontinued their claim then they cannot issue a new claim based on the same or substantially the same facts (and that includes any legal arguments which you raised in your Defence) without first making an Application to the court for permission - which they're unlikely to get.

Di

[Diana M]

Re: CCJ sent from Lowell Solicitors Limited, Help needed please!

Also if i am unable to have anything amended on my credit report can i ask for it to continue to a hearing then win to have it removed from my report?

You can make an Application to set aside a Notice of Discontinuance > https://www.justice.gov.uk/courts/pr...es/part38#38.4

However I don't see how that will help you with your Default marker issue.

It's also a high risk strategy.

What if you didn't win because they produced the documents even if that's after the December 1st deadline imposed by the court Order? They could try to argue that they didn't comply with the Order because they had Discontinued before the deadline.

When is the Default due to drop off and what damage is it doing you in the meantime (sorry I've not read back through your thread)?

Di

[warwick65]

Re: ***DISCONTINUED** CCJ sent from Lowell Solicitors Limited

Maybe there has been a change but I thought in order to get a default marker removed you needed to do more than 'just' win. You needed to comprehensively smack their arses and show it was irredeemably unenforceable. Isn't that going to be difficult with a mobile contract.

Also as Di says, it really is high risk

If the default date is wrong, maybe you could challenge that