Ask a Law Question, Get an Answer ASAP!
My husband received a court summons. He sent it back to the court, within the period required, with his defence that Lowell Portfolio, represented by bwlegal, should provide prove of this loan as he has never entered into any agreement with them and the he required proof of this, his signature on any agreements etc. He then received a letter from bwlegal: Dear Sir Our Client: Lowell Portfolio 1 Ltd Balance Due: £7,353.56 Original Creditor: Welcome Finacial Services Ltd Original Account Number: Claim Number: County Court: Northampton (County Court Bulk Centre) County Court We enclose by way of service upon you a copy of the Directions Questionnaire. A copy has been filed at court. BW Legal This letter was received 18/07/14 My husband had made an appointment to see a solicitor next week as we do not understand how to proceed. On Tuesday (29/07/14) he received a 'General Form of Judgement or order' dated 25/07/14. 'It is ordered that the defendant must file the directions Questionnaire with CCBC on or before 7 days fron service of this order with county court business centre via post/ document exchange or email. If the defendant does not comply with this notice your defence/counterclaim will automatically be struck out without further order of the court and, subject to the claimant having complied with this order, the claimant will be at liberty to enter judgement. You can download a dirctions questionnaire from..... For claims up tp £10,000.00 please download N180. This notice is served pursuant to paragraph 2(2) of the practice Direction supplementing Part 51 of the civil Procedure Rules. This order has been made without a hearing. The parties have the right to apply to have the order set aside, varied or stayed. A party making such an application must file the application with CCBC (together with any appropriate fee) within 7 days of service of this order. Dated 25 July 2014. OK, so that is by tomorrow, we have no idea what to do, or how to proceed. BWLEGAL haven't responded to our request and we don't understand how to complete N180, or if we even should complete it. Please advice. Many thanks in advance
Thank you for your reply. My husband never signed anything with welcome finance. The documents they issued were incorrect for some reason and they kept trying to get us to go to their office and actually sign re- done/prepared documents, we were very wary and declined. We heard nothing until a collection agency some years back said we could save 90% of the debt?We didn't want to enter into any financial transactions. We recently started to receive letters from Lowell, the debt seems far greater too. However we will complete N180 and seek further advice. Thank you very much for your prompt reply.
To be honest we have no idea, we haven't had any finance for over seven years. We have an adverse credit history. We had a large amount of debt, secured and unsecured, with approximately twenty separate companies at one point, which we slowly paid off, even selling our home in March 2007. This enabled us to clear the remainder. We remember being in contact with Welcome Finance at some point, trying to secure a loan, it being complicated, them asking my husband to come to their office to sign some type of contract as there was some type of error with previous paperwork. This is why my husband said in his defence that we needed proof of any agreement and that he had no such agreement with Lowell Portfolio.
Been reading some forums. Should I send a CPR31.14 request to bwlegal (acting for Lowell) and a CCA request to Lowell Portfolio, them being the client. There is conflicting advice on the forums and also It appears this has to be done before any court order/judgement? As we have e-mailed the N180, does this affect our right to request this information. Would be most grateful for your reply. Thank you.