Statute Barred Debt Lowell (Part II)

Expiry date is default date

They can legally enforce until 10/4/19
And the other 14/9/2018. They log it with courts before those dates it’s ccj time

GothicStirling wrote: »

a letter from Northampton. They are allocating the case to a local County Court (not the one I requested). What shall I do now for preparation.

I've taken a peek at your three threads on this Lowell's debt and can see that you're defending the claim solely on the Statute Barred argument.

I always think it's best to defend on as many legal arguments as possible in case a DJ isn't persuaded by just the one. If they (DJ) can see multiple breaches of the Consumer Credit Act then they could be more inclined to take an overall negative view of the Claimant's case.

My suggestion is to send a s 77-79 CCA Request to Lowells together with the £1 statutory fee for this ex-Provident loan. If they can't/don't comply with your request within 14 days the debt will become unenforceable in court (regardless of the Statute Barred issue). I believe this forum may have a link to a CCA Request template letter.

Can I check whether Cohen Cramer solicitors are still instructed or have Lowell Portfolio (debt owner) instructed Lowell Solicitors? If so have you received a formal Notice of the change? I read on another thread that Cohen Cramer were involved, but correct me if I've misunderstood the situation .

If Lowells are arguing the default date as the Cause of Action (in my experience they always do) then they should produce a valid Default Notice as part of their evidence. So my next suggestion is to send them a CPR 31.14 Request seeking disclosure of the Default Notice. If they can't produce a compliant (s 87 CCA) DN then they may struggle in court. They often produce a screenshot showing one was issued/served but that's not enough (up to the DJ to decide on that point).

I've not seen the Particulars of Claim but CPR 31.14 allows the Defendant to ask for documentation mentioned (not simply referred to) in the POC. If the DN was mentioned then they must produce it.

I would also use the CPR 31.14 Request to ask them to produce the Notice of Assignment, Deed of Assignment, and the credit agreement (even though you'll be requesting this under s 77-79 CCA).

If they can't/don't produce the Notice of Assignment how can the court be persuaded that the debt was assigned and that Lowells have the legal right to claim the debt.

Have you been served with annual Notice of Sums in Arrears (s 86 CCA) since the account defaulted? If not then the debt becomes unenforceable until they remedy the problem. Don't raise this point now (save it for the Witness Statement stage).

If you've only pleaded Statute Barred in your Defence the court may not allow you to add new legal arguments especially if the Claimant objects. You may need to amend your Defence which requires permission from the court (an Application) unless the other side consent to you amending it.

I can't see how much is being claimed? My apologies if I've missed that fact.

Di

You seem to have totally ignored Sourcrates and Di’s excellent advice? I’m just wondering why ....

Edited to add - you posted almost at the same time as me, seems you’ve been away. Shame you didn’t read those posts on holiday so you could act on the advice given.