Received CCJ Summons How Do I Ask To See Evidence Of Debt?

collywolly_2

Hello,

I have received a court summons for a credit card debt from Lowell Portfolio Ltd. The solicitor on the form is BW Legal.

They are claiming I owe over £1k on a credit card debt which I think is wrong. However since I have not used the card since 2011 I cant find any original statements or any paperwork to look over what is owed.

So my question is when a court summons is sent out to you do they not have to provide evidence to the defendant with the summons?

It seems odd that any company can simply apply to the small claims court and not provide evidence to the defendant.

I have called both Lowell and also BW Legal and asked to see proof of the debt and asked for all original statements to be sent to me along with default notices.

However I have received absolutely nothing from them.

I have filled in the acknowledgment of service and have another 8 days left to file a defence can someone tell me how I see evidence of what I am being sued of.

Thank you.

seanavfc92

collywolly wrote: »

Hello,

I have received a court summons for a credit card debt from Lowell Portfolio Ltd. The solicitor on the form is BW Legal.

They are claiming I owe over £1k on a credit card debt which I think is wrong. However since I have not used the card since 2011 I cant find any original statements or any paperwork to look over what is owed.

So my question is when a court summons is sent out to you do they not have to provide evidence to the defendant with the summons?

It seems odd that any company can simply apply to the small claims court and not provide evidence to the defendant.

I have called both Lowell and also BW Legal and asked to see proof of the debt and asked for all original statements to be sent to me along with default notices.

However I have received absolutely nothing from them.

I have filled in the acknowledgment of service and have another 8 days left to file a defence can someone tell me how I see evidence of what I am being sued of.

Thank you.

Have you never received a default notice for this debt? Have any collection agencies tried contacting you regarding this debt?

They have a collections process to follow, so it's surprising how you've not received anything from them. Have you provided them with your current address or is the debt still registered in an old address?

Remember to adhere to the timescales set out when sending the N9B (defence) form. Don't lose your right to appeal by not sending it off in time!

collywolly_2

They have my updated address but court forms were sent out to my old address which I have a forwarder for so i got them.

I never received a default notice.

I was really wondering about the correct procedure to follow to reply to both Lowell and BW Legal to request evidence of the debt.

Surely there must be a set plan to follow here when receiving a court summons.

Right now I will be filling a defence based on the fact that I have spoken and wrote to both Lowell and BW Legal and received nothing back from them to show I even have a credit agreement with them.

If someone knows the correct procedure here for requesting evidence of the debt then that would be a great help I don't want to rely on guess work here.

The only info i can find either tells me to pay the debt of its owed or fill in the acknowledgment of service and defend the debt but nothing really goes into how you do that correctly.

Thanks.

rizla_king

This is a better place to ask. http://www.legalbeagles.info/forums/forumdisplay.php?105-Received-a-Court-Claim

poppasmurf_bewdley

When a summons is issued against you, it means someone believes they have a case about you.

It's like when criminals go to court - the evidence is given in the court. Then you have to defend yourself.

The details of the debt will be available in court. They don't conduct the trial before the trail gets to court.

They are not going to submit "Mr Smith spent £17.99 on a curry on such a date, and £42 on eBay, etc. It will be the original amount you owed plus all the ancillary add-ons like interest, fees, etc.

sourcrates

collywolly wrote: »

I have called both Lowell and also BW Legal and asked to see proof of the debt and asked for all original statements to be sent to me along with default notices.

However I have received absolutely nothing from them.

As previously stated, there is a debt collection process to follow, and court action is usually a long way down the road.
Is it possible they have more than one address for you, or the wrong address ? as you would of had numerous letters in regard to this.
If, you have not had ANY previous correspondence about this, at all, and they have gone straight for court action, then they have not followed pre-action protocols, and that would be your full defence to there action against you.


They HAVE to go through this procedure of writing to you asking you to clear the debt, and they MUST inform you, in writing, that court action is imminent.


If they have not gone through this process, then the case can be thrown out of court for not following the correct procedure.

rizla_king

collywolly wrote: »

I was really wondering about the correct procedure to follow to reply to both Lowell and BW Legal to request evidence of the debt.

Surely there must be a set plan to follow here when receiving a court summons.

There is. See the link I posted. The civil procedure rules are there to use and help you get the info you need. But you need to get on and use them as time is short.