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  • Urgent - notice of claim from Lowell CCJ

    Hi i desperately need some advice, i have numerous debts but have now received a notice of claim form from Lowell, i only have a couple of days left to respond (it only arrived a few days ago)

    The debt was originally with Next catalogue, I need to get all the paperwork out if you can advise me what info i need?

    The account was taken out over 10 years ago, possibly 15. I did requests for CCA agreements but im not sure if they are all correct or not, there may be a chance it could be unenforceable as i think there was a mistake with my name on the agreement.

    Any help very much appreciated.
    thanks

  • #2
    Originally posted by sortinglife View Post
    Hi i desperately need some advice, i have numerous debts but have now received a notice of claim form from Lowell, i only have a couple of days left to respond (it only arrived a few days ago)

    The debt was originally with Next catalogue, I need to get all the paperwork out if you can advise me what info i need?

    The account was taken out over 10 years ago, possibly 15. I did requests for CCA agreements but im not sure if they are all correct or not, there may be a chance it could be unenforceable as i think there was a mistake with my name on the agreement.

    Any help very much appreciated.
    thanks
    Contact Colin G Quinn
    His email and phone is a follows
    "..
    Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at colin@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.
    .."

    Comment


    • #3
      • Type of account
      • Date commenced
      • Approx balance £
      • Date last paid
      • Are you on arrangement
      • Status defaulted
      • Account owner
      Fill in a diary for each soon as you can and then a record made of all events by date etc, but talk to colin as advised meantime.
      Last edited by The Tech Clerk; 7 September 2022, 12:08.
      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

      Comment


      • #4
        Hi thanks so much for replies, here is info and i will also contact Colin.
        • Type of account -Next catalogue
        • Date commenced - 2005
        • Approx balance £ 1600
        • Date last paid - about 2 years ago
        • Are you on arrangement - no
        • Status defaulted - approx 3- 4 years ago
        • Account owner - Lowell.
        I wrote to Lowell at the end of 2021 to ask for CCA agreement and eventually they produced what i believe is a reconstituted copy, it has my details printed on a photocopy of an agreement there is no signature and it has my married name on the agreement however i was not married at that time so it must be the wrong name.

        I received a notice of action just over a month ago from overdales solcitors, but i just thought it was an empty threat (i have multiple debts so it gets overwhelming as you probably all know) anyway i received a few days ago notice of court action with 14 days to reply, the final day is friday.

        Any advice, how to i acknowledge the form?

        thanks
        Last edited by sortinglife; 7 September 2022, 15:00.

        Comment


        • #5
          ive just realised account owner means who the debt is with! ha its with lowell

          Comment


          • #6
            Originally posted by sortinglife View Post
            ive just realised account owner means who the debt is with! ha its with lowell
            Hi

            Just edit your previous post to correct it.

            Comment


            • #7
              You've created a Diary entry and highlighted issues over the name in the CCA. You make no mention of having sent or included £1
              As The Tech Clerk pointed out you need now to talk to @Colin G Quinn and refer back to your Diary entry!
              His email and phone is a follows
              "..
              Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at colin@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.
              .."

              Comment


              • #8
                Originally posted by Roger View Post
                You've created a Diary entry and highlighted issues over the name in the CCA. You make no mention of having sent or included £1
                As The Tech Clerk pointed out you need now to talk to @Colin G Quinn and refer back to your Diary entry!
                His email and phone is a follows
                "..
                Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at colin@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.
                .."
                Sorry i was not aware the info on whether i paid the £1 fee was required. I originally wrote to Next in 2018 and paid the £1 on request of the CCA agreement, they wrote to me several times stating they could not find it. Eventually they did send the CCA, after some time the debt was passed to Lowell and after numerous letters from them, i wrote to them and told them that i didnt think the CCA supplied by Next was correct and i thought the debt was unenforceable. This prompted lowell to tell me they were requesting the CCA from Next which they eventually produced a copy of including statements of account i did not pay a further £1 to receive this.

                I have just spoken to Gerry this morning, he has given me some general advice and also that the incorrect name is not enough for a defence. For them to take on the case i would have to pay which is not something i am in a position to do. Can anyone help me with the documentation to see if there is anyway i can defend / claim it is unenforceable?

                thanks

                Comment


                • #9
                  send copy of CCA to :- webmaster@all-about-debt.co.uk for checking do not redact anything on it refer to this thread. as it is pre- 2007 then it has to be a true copy of an agreement.
                  I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                  If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                  Comment

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