stef1979 Posts: 17 Forumite
26 February 2014 at 5:16PM in Debt-free wannabe
Hi, I am new to this forum but think over the next few months it will be my life saver due to previous debt and closure of my partners company this Friday.
My initial reason for registering today is I received a County Court Claim dated 19/2/14 from Lowell Portfolio 1 Ltd, it says:
The claimants claim is for the sum of £651.39 being monies due from the defendant to the claimant under an unsecured loan agreement regulated by the consumer credit act 1974 between the defendant and CL Finance Ltd under account reference xxxxxxxxxxxx and assigned to the claimant on 18/12/12 notice of which has been given to the defendant.
The defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with.
My worry is I don't know of a CL Finance and don't recall ever dealing with such company. I haven't had an default notice come through either. I am now worried i've panicked and filled on the acknowledgement of service to extend time to try and find out what to do.
All help will be gratefully received, thank you.
rizla_king Posts: 2,895 Forumite
26 February 2014 at 5:25PM
They are another debt collector so sounds like Lowells don't even know who originally lent the money.
Still rolling rolling rolling......
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stef1979 Posts: 17 Forumite
26 February 2014 at 6:28PM
Any idea what I need to do, ive just ordered my credit files again and viewed one online but I cant see this debt on it.
rizla_king Posts: 2,895 Forumite
26 February 2014 at 7:17PM
Ask on leaglebeagles and CAG legal forums.
Still rolling rolling rolling......
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stef1979 Posts: 17 Forumite
26 February 2014 at 7:59PM
Already been on legalbeagles and unfortunately was no help, no replies
happy_bunny_2 Posts: 4,488 Forumite
26 February 2014 at 9:10PM
Do you know what this is for? Cl will have bought it off someone.
:beer:
stef1979 Posts: 17 Forumite
26 February 2014 at 9:53PM
Thank you for your reply happy bunny, no I don't have a clue, ive looked on my noddle and equifax credit file and nothing there that matches the amounts and ive ordered my Equifax one.
happy_bunny_2 Posts: 4,488 Forumite
27 February 2014 at 7:42AM
Ok. Worst case scenario, could you afford to pay it in full within 30 days of going to court? If so, the CCJ would not be registered. Plus costs obviously.
I'm no expert on court proceedings, as fortunately it's not happened to me (yet).
If you don't know what it's for, I guess you should defend it. Also, for pre April 2007 debts they need a signed original agreement or you can argue under s127(3) of the consumer credit act 1974 that no such agreements exists and they should not grant the CCJ.
Send them a CCA request, signed for, today. They have 14 days to get it to you.
Also ask for a local court hearing, that should buy a bit of extra time. You can attend in person.
You might want to give national debtline a quick call.
Fatbelly may also be able to advise further.
:beer:
fermi Posts: 40,546
Forumite27 February 2014 at 8:30AM
stef1979 wrote: »
Already been on legalbeagles and unfortunately was no help, no replies
Don't be afraid to shout for help over there.
Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
stef1979 Posts: 17 Forumite
27 February 2014 at 8:32AM
Aww thank you fermi :-)
rizla_king Posts: 2,895 Forumite
27 February 2014 at 11:01AM
You need to acknowledge the claim online and say that you are going to defend. That gives you 28 days to put in a defence rather than 14. You need that extra time to make Lowell cough up what this is. Then I think you would need to write to Lowells with a part 31 request? asking for details of the debt as you do not recognise it and for them to provide the documents they would rely on to prove it's yours.
Still rolling rolling rolling......
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