LOWELL PORTFOLIO 1 LTD ( BW LEGAL ) v stayingpositiv - Issued 11 October 2016

[stayingpositiv]

Re: LOWELL PORTFOLIO 1 LTD ( BW LEGAL ) v stayingpositiv - Issued 11 October 2016

sorted, I'll file a defence tomorrow. & will update thanks guys

Thanks Niddy, no defense, I was awaiting next steps, but didn't know about Jo. will call now

[Never-In-Doubt]

Re: LOWELL PORTFOLIO 1 LTD ( BW LEGAL ) v stayingpositiv - Issued 11 October 2016

Have you spoke to Jo? Good luck

[stayingpositiv]

Re: LOWELL PORTFOLIO 1 LTD ( BW LEGAL ) v stayingpositiv - Issued 11 October 2016

Just putting this defense together now. Niddy, when you say push for discontinuance is that something that needs to be included in the defense? ATM I just have the non adherence to s78, will that suffice?

Have you spoke to Jo? Good luck

[stayingpositiv]

Re: LOWELL PORTFOLIO 1 LTD ( BW LEGAL ) v stayingpositiv - Issued 11 October 2016

also, the non-compliance of CPR 31.14 should be included shouldn't it? this bit seems relevant...

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing. Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

is there a defense template I could use anywhere?

Just putting this defense together now. Niddy, when you say push for discontinuance is that something that needs to be included in the defense? ATM I just have the non adherence to s78, will that suffice?

[cymruambyth]

Re: LOWELL PORTFOLIO 1 LTD ( BW LEGAL ) v stayingpositiv - Issued 11 October 2016

There isn't a defence template as every situation is different. Have you been in touch with Jo or planb? You have33 days from the date that the claim was issued to file your defence. If no documents have been produced following your request you may be able to submit a holding or embarrassed defence online.

[PlanB]

Re: LOWELL PORTFOLIO 1 LTD ( BW LEGAL ) v stayingpositiv - Issued 11 October 2016

Just putting this defense together now. Niddy, when you say push for discontinuance is that something that needs to be included in the defense? ATM I just have the non adherence to s78, will that suffice?

You spoke to Jo on Friday and she advised you what you should include in your Defence due to be filed by 4 pm today.

The court will then send a copy of your Defence to the Claimant's solicitors giving them 28 days to inform them if they wish to continue with the proceedings - although you should send them (B W Legal) a copy direct yourself.

After that the ball is in their court (so to speak).

Plan B x

[stayingpositiv]

Re: LOWELL PORTFOLIO 1 LTD ( BW LEGAL ) v stayingpositiv - Issued 11 October 2016

Thanks everyone, i got it sent off in time... there were some typos, not my best work ever, but should do the trick.

I'll let you know of any developments

You spoke to Jo on Friday and she advised you what you should include in your Defence due to be filed by 4 pm today.

The court will then send a copy of your Defence to the Claimant's solicitors giving them 28 days to inform them if they wish to continue with the proceedings - although you should send them (B W Legal) a copy direct yourself.

After that the ball is in their court (so to speak).

Plan B x

[stayingpositiv]

Re: LOWELL PORTFOLIO 1 LTD ( BW LEGAL ) v stayingpositiv - Issued 11 October 2016

Hope you all had a lovely christmas! Just received in the post both a credit agreement from lowell and a notice of proposed allocation to small claims track form from the court.... where to next? Thanks in advance

[stayingpositiv]

Re: LOWELL PORTFOLIO 1 LTD ( BW LEGAL ) v stayingpositiv - Issued 11 October 2016

out of interest... re telephone mediation. could someone explain the ramifications of reaching a settlement? I assume it would involve accepting responsibility for the debt, so what happens to the credit file? Do the six years restart? thanks folks

[BuzzyBee]

Re: LOWELL PORTFOLIO 1 LTD ( BW LEGAL ) v stayingpositiv - Issued 11 October 2016

Hope you all had a lovely christmas! Just received in the post both a credit agreement from lowell and a notice of proposed allocation to small claims track form from the court.... where to next? Thanks in advance

It all depends on what sort of agreement you received. From posts above, it looks like you were dealing with Jo, so maybe she should take a look, although only you'd know whether the document really corresponds to your account.

The majority of claims below £10,000 are allocated to small claims so nothing unusual there. Did you receive a directions questionnaire as well as the notice of proposed allocation to SCT?

out of interest... re telephone mediation. could someone explain the ramifications of reaching a settlement? I assume it would involve accepting responsibility for the debt, so what happens to the credit file? Do the six years restart? thanks folks

No, only one default can be recorded for each debt, regardless of whether you accept responsibility for it or not.

The only situation where the six years would restart would be if they got a CCJ, that would stay on file for 6 years. The whole point of mediation is to avoid reaching that stage.

[PlanB]

Re: LOWELL PORTFOLIO 1 LTD ( BW LEGAL ) v stayingpositiv - Issued 11 October 2016

Just received in the post both a credit agreement from lowell and a notice of proposed allocation to small claims track form from the court.... where to next?

I'm guessing from the timetable of events that you've received a Directions Questionnaire from the court which states the claim will be allocated to the Small Claims track unless you disagree. This claim is for £395 approx so that makes sense.

If you've received a DQ the first question on the form is whether you're willing to attempt Mediation. Always tick Yes to that option. Mediation is an option to settle the claim without getting a CCJ albeit the settlement is legally binding. It will not be recorded on your CRA file.

From what you say the Claimant (Lowell) has sent you what they believe to be your credit agreement.

I suggest you email that document to Niddy using webmaster@all-about-debt.co.uk to see whether what's been sent helps or hinders your case.

This is a Vanquis credit card opened in 2013 isn't it?

Plan B x

[Never-In-Doubt]

Re: LOWELL PORTFOLIO 1 LTD ( BW LEGAL ) v stayingpositiv - Issued 11 October 2016

If it's vanquis from 2013 then it'll be enforceable. They're pretty water tight in fairness - they're crap at lending decisions but their paperwork seems adequate. Plus, it's post 04/2007.

[stayingpositiv]

Re: LOWELL PORTFOLIO 1 LTD ( BW LEGAL ) v stayingpositiv - Issued 11 October 2016

thankyou so much, this is great

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thanks buzybee for answering my questions, very helpful

It all depends on what sort of agreement you received. From posts above, it looks like you were dealing with Jo, so maybe she should take a look, although only you'd know whether the document really corresponds to your account.

The majority of claims below £10,000 are allocated to small claims so nothing unusual there. Did you receive a directions questionnaire as well as the notice of proposed allocation to SCT?


No, only one default can be recorded for each debt, regardless of whether you accept responsibility for it or not.

The only situation where the six years would restart would be if they got a CCJ, that would stay on file for 6 years. The whole point of mediation is to avoid reaching that stage.

[stayingpositiv]

Re: LOWELL PORTFOLIO 1 LTD ( BW LEGAL ) v stayingpositiv - Issued 11 October 2016

yup thats right planb, im happy to go for the mediation

do you have any idea how this plays out? currently i'm in the worst financial situation of my life, behind with bills,, don't own a home etc... not sure what I can offer

I'm guessing from the timetable of events that you've received a Directions Questionnaire from the court which states the claim will be allocated to the Small Claims track unless you disagree. This claim is for £395 approx so that makes sense.

If you've received a DQ the first question on the form is whether you're willing to attempt Mediation. Always tick Yes to that option. Mediation is an option to settle the claim without getting a CCJ albeit the settlement is legally binding. It will not be recorded on your CRA file.

From what you say the Claimant (Lowell) has sent you what they believe to be your credit agreement.

I suggest you email that document to Niddy using webmaster@all-about-debt.co.uk to see whether what's been sent helps or hinders your case.

This is a Vanquis credit card opened in 2013 isn't it?

Plan B x

- - - Updated - - -

thanks Niddy, yes I think so too

If it's vanquis from 2013 then it'll be enforceable. They're pretty water tight in fairness - they're crap at lending decisions but their paperwork seems adequate. Plus, it's post 04/2007.

- - - Updated - - -

sorry for the late reply, i was waiting to hear from you in my email, but wasn't notified so didnt realise you had all got back to me so quickly. dedicated team thanks again folks

[stayingpositiv]

Re: LOWELL PORTFOLIO 1 LTD ( BW LEGAL ) v stayingpositiv - Issued 11 October 2016

Could someone help with a quick question? I have the mediation call soon and wondered what to expect. Are we talking £1/month for 2 years sort of thing? I have no cash and lots of debt, which is evident on my credit file. They also seem to have upped the amount by a couple of hundred... any idea why?