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Kasare, Solicitor
Category: Law
Satisfied Customers: 1301
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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My husband received a court summons. He sent it back to the

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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

Hi, thanks for your question I will assist you with this.
Essentially the Court process is:
1. The Claimant files the claim;
2. The Defendant either files and admission or defence - you filed a defence;
3. The Court then sends out the Directions Questionnaires to both the Claimant and the Defendant with a date that these must be sent back. This document assists the Court in deciding how to proceed with the matter in terms of time tabling for the Court diary - when documentary evidence and witness statements are to be exchanged with the other side etc
The letter you have received from the Claimant's solicitor is a copy of their form. You should send a copy of your completed form to them and the Court.
You have to complete this form, otherwise your husbands Defence will not be allowed. So if you wish to continue to resist this claim you do need to do this.
The Order that you have received i.e. file this document or your defence be struck out is something done by the court without any hearing.
Basically you do want to keep this matter in the Small Claims process as the Claimant can then only recover certain legal fees (if they are successful).
Here is what I would recommend for you/your husband as a litigant in person to complete the Directions Questionnaire:
Put his name in the top box in the left on page 1 and put the details of the Court and Claim no in top right.
In A1 - tick YES (to agree to mediation) - that way you should receive some answers or information
B - you details
C1 - Yes - the small claims track is appropriate
D1 - the hearing venue - this would be YOUR local court - have a look online to find the nearest County Court in your area
D2 - expert evidence - No
D3 - witnesses - if you dispute the claim - any witnesses who can attest that the claim is invalid - if no-one else simply put 1 - your husbands name
E - No
Sign and strike through all words underneath the signature box except for "DEFENDANT"
Once this is done send a copy to both the CCBC (court business centre) and the Solicitors on the other side - by email (to make sure the Court receives it on time) and post.
In terms of their claim - does your husband accept that he had a loan with Welcome Financial Services Limited? If he did and he failed to keep up with the payments, they could have sold the bad debt on to another company to collect - he would need to check his original loan agreement, but quite often these do contain a clause in the small print allowing them to sell the debt on. Therefore, if this is the case, then I am afraid your husband's defence my well fail and he will have to pay.
There is a time limit in which they can pursue a bad debt - this course can be looked at with the solicitor you see.
But if indeed it has been sold on and the court action is within time, I would recommend that your husband try to negotiate with them so that he does not get a judgment against him and can repay in installments.
I hope this assists. If you have any further questions about this please dont hesitate to ask.
Customer: replied 3 years ago.

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.

So did your husband actually receive a loan at all? When was this?
Please do not forget to accept or rate my answer (positively is most appreciated!) - I will continue to assist with any additional information/answers.
Customer: replied 3 years ago.

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.

Hi Gi
If you really don't have a clue what this claim is about then it would be best to contact BWLegal in writing and ask them for a full copy of the agreement and correspondence to this matter as you do not have any documents.
Please don't forget to rate my answer. Thanks
Customer: replied 3 years ago.

Hi Kasare

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.

Hi Gi
You cannot contact Lowell Portfolio directly as they have legal representation. You must contact their lawyers.
This request is by making an application to court. It is really unnecessary, simply write to the lawyers and request disclosure of the loan documents they are referring to and any correspondence regarding this. Advise them that if the documents are not forthcoming you will make an application to court.
However, during the court process these documents will have to be disclosed in any event.
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