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  • Stav_Ellis
    replied
    Re: Lowells have issued a CCJ please help

    Originally posted by Never-In-Doubt View Post
    You get 14 days plus 5 days service to file the AoS and then once you do that you get +14 days extra to prepare the defence so in total, you have 33 days from the date on the claim form to file your actual defence to the claim.

    If you have done the AoS then that's good - you now have a total of +33 days from the date shown on the claim form.
    really not sure what the whole prepare my defence means, all i got told that there would be a phone call for mediation once id sent lowells that letter i sent them asking for everything in the template? its all getting confusing now and i have no idea what to do or what happens next :-(

    Leave a comment:


  • Never-In-Doubt
    replied
    Re: Lowells have issued a CCJ please help

    Originally posted by Stav_Ellis View Post
    hi thanks for getting back to me, what do you mean submit my defence? do you mean acknowledge the county court thing on the internet? I've already done that and clicked defend in full, then sent this letter to them as advised but not sure about the next step? no ones mentioned anything about my defence so far just to do those steps
    You get 14 days plus 5 days service to file the AoS and then once you do that you get +14 days extra to prepare the defence so in total, you have 33 days from the date on the claim form to file your actual defence to the claim.

    If you have done the AoS then that's good - you now have a total of +33 days from the date shown on the claim form.

    Leave a comment:


  • Never-In-Doubt
    replied
    Re: Lowells have issued a CCJ please help

    Is Jo helping with this...?

    Leave a comment:


  • Stav_Ellis
    replied
    Re: Lowells have issued a CCJ please help

    hi thanks for getting back to me, what do you mean submit my defence? do you mean acknowledge the county court thing on the internet? I've already done that and clicked defend in full, then sent this letter to them as advised but not sure about the next step? no ones mentioned anything about my defence so far just to do those steps

    Leave a comment:


  • cymruambyth
    replied
    Re: Lowells have issued a CCJ please help

    You have 5 + 28 days to submit your defence from the date of the issue of the claim Keep an eye on the dates and post back here to prompt everyone to ensure a defence is completed in time. The defence is usually done at the last minute to allow for additional information. Post here if you receive any replies to your letter.

    Leave a comment:


  • Stav_Ellis
    replied
    Re: Lowells have issued a CCJ please help

    hi guys just wondered if i could get a quick reply to my last post to make sure it didn't get lost over easter lol hope you all had a great weekend

    Leave a comment:


  • Stav_Ellis
    replied
    Re: Lowells have issued a CCJ please help

    All sent off recorded delivery, what do i do now just wait and see what happens? have a good easter everyone

    Leave a comment:


  • cymruambyth
    replied
    Re: Lowells have issued a CCJ please help

    If it is the CPR 31.14 you do not need to send any money with it. It is part of the legal process to enable you to have the nformation to fight the claim.

    Leave a comment:


  • Stav_Ellis
    replied
    Re: Lowells have issued a CCJ please help

    Right guys I believe I've filled this all out correctly and am ready to send it recorded delivery, do i need to send a cheque with costs or anything or just this form? thanks again so much you've given me some peace of mind

    Leave a comment:


  • Stav_Ellis
    replied
    Re: Lowells have issued a CCJ please help

    thanks guys I'll keep you informed of the progress

    Leave a comment:


  • PlanB
    replied
    Re: Lowells have issued a CCJ please help

    Originally posted by Stav_Ellis View Post
    Thats great guys thank you so much i'll get right on this. can i ask do you get any thanks for helping people?
    It's nice to get thanks.

    But we also get immense satisfaction from kicking the sh*t out of the banks, debt purchasers, their DCAs and solicitors



    Plan B x

    Leave a comment:


  • cymruambyth
    replied
    Re: Lowells have issued a CCJ please help

    The thanks is seeing people survive, realise their rights and come out the other side still smiling!

    Leave a comment:


  • Stav_Ellis
    replied
    Re: Lowells have issued a CCJ please help

    Thats great guys thank you so much i'll get right on this. can i ask do you get any thanks for helping people? its a great thing that you do

    Leave a comment:


  • PlanB
    replied
    Re: Lowells have issued a CCJ please help

    Originally posted by Stav_Ellis View Post
    they went straight to the ccj
    You're a long way off from getting a CCJ.

    If you file a Defence then you will be offered the opportunity to have free telephone Mediation where you can settle the claim on mutually acceptable terms without getting a CCJ if the other side is willing to co-operate.

    First things first. Let's discover whether Lowells have any evidence of a payment to them five years ago.

    Do/did you have any other debts with Lowells which may have caused them to credit any payment to the wrong account?

    Plan B x

    Leave a comment:


  • PlanB
    replied
    Re: Lowells have issued a CCJ please help

    Originally posted by Stav_Ellis View Post
    I've checked and theres no record, i asked them for details of the payment such as what card was used etc so i could check it but no reply
    I'm sure you asked them nice and politely for the details so this time you can ask them more formally

    The Particulars of Claim specifically mention an agreement with Vodafone, a Default Notice and a Notice of Assignment. You have every right to see those items since they're saying that those are the documents that they'll be relying on in court to prove their claim. You need to see these in order to defend yourself properly.

    Send this CPR 31.14 Template Letter to Lowells Solicitors at the address in the second box (not the Claimant Lowells Portfolio named in the first box). http://forums.all-about-debt.co.uk/s...l=1#post495048

    Delete the second paragraph which begins "Attached with this request is a formal request under the CCA . . . . " since you'll not be sending one of those. Add in your details, claim number etc . I would also add No 6 to the list "Copies of statements" in case that flushes out the last payment and/or the mystery payment (or not).

    Send it by Royal Mail Recorded Delivery.

    Then let us know what comes back. Hopefully it will be a letter admitting that they haven't got the documents because that will be invaluable to you as the legal process unfolds.

    Plan B x

    Leave a comment:

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