Lowell obtain county court judgement in default

Apply to Stay the Writ. Set Aside the Judgment. Apply for more time to pay. Stop the Bailiff. Cancel the Fees.
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Michelle
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#36 Re: Lowell obtain county court judgement in default

Post by Michelle » 18 Jul 2017 21:22

You need to attach a draft order, a witness statement and a draft defence. See examples
DraftSetAsideOrder.docx
WSSetAside.docx
N244SetAsideApplication.doc
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anti bailiff
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#37 Re: Lowell obtain county court judgement in default

Post by anti bailiff » 19 Jul 2017 23:07

Thanks Michelle. Those are extremely helpful.

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#38 Re: Lowell obtain county court judgement in default

Post by anti bailiff » 20 Jul 2017 14:34

Hi

Forms all filled in, ready to go..

I just called the northampton county court who informed me that the fee for filing a set aside application is £255!

As I'm on a low income, I was advised that I can get help with the fees and was given a website to go to...

www.gov.uk/gethelp
- get-help-with-court-fees

complete the form and I will be alocated a reference number, which I need to send in with the N244 and supporting documents ie draft order and witness statement.

The £255 fee came as something of a shock. It's almost as if the courts are trying to discourage people from appealing against flimsy court judgements.

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Schedule 12
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#39 Re: Lowell obtain county court judgement in default

Post by Schedule 12 » 20 Jul 2017 14:40

Just complete a for N245 income and expenditure. If accepted (and your disposable income is under £9500 a year) then it costs you nothing.

Many applications I do is on an N245 these days.

The fees are high because Court Service is cash strapped. The government is pressuring it to become self-sufficient - like the BBC, DVLA and the Post Office.
I'm not a solicitor, but I work as a paralegal for solicitors bringing cases involving non-compliant enforcement action.

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#40 Re: Lowell obtain county court judgement in default

Post by Michelle » 20 Jul 2017 14:46

anti bailiff wrote:
20 Jul 2017 14:34
Hi

Forms all filled in, ready to go..

I just called the northampton county court who informed me that the fee for filing a set aside application is £255!

As I'm on a low income, I was advised that I can get help with the fees and was given a website to go to...

www.gov.uk/gethelp
- get-help-with-court-fees

complete the form and I will be alocated a reference number, which I need to send in with the N244 and supporting documents ie draft order and witness statement.

The £255 fee came as something of a shock. It's almost as if the courts are trying to discourage people from appealing against flimsy court judgements.
I thought it was mentioned earlier, that the N244 fee to apply for set aside is £255, however, there is the possibility of fee remission: http://hmctsformfinder.justice.gov.uk/H ... for%20help
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#41 Re: Lowell obtain county court judgement in default

Post by Tony72 » 20 Jul 2017 14:51

Schedule 12

A disposable income of 9500?

How many people wish they had that sort of disposable income

Anyway, isn't a N245 to vary a judgement but this thread is about a set aside and filling in the form for fee remission which is an EX160

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Michelle
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#42 Re: Lowell obtain county court judgement in default

Post by Michelle » 20 Jul 2017 14:58

To clarify, the N244 is when you don't accept the judgment and would like the opportunity to defend the claim and avoid a nasty CCJ on your credit file and on the public record for 6 years. A viable defence is required.
The N245 is if you accept the judgment and just want to set up an affordable repayment plan or vary an existing one. The judgment stays in place till it gets paid off and can be enforced if the repayments are not kept up.
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#43 Re: Lowell obtain county court judgement in default

Post by Schedule 12 » 20 Jul 2017 15:08

Sorry, yes you are right, it's an EX160a to apply for a remission, and N245 is income and expenditure to vary a judgment.
How many people wish they had that sort of disposable income
It's people that turn to the internet for free help that doesn't have that kind of money.

DWB deals with private client and nearly all of them do have disposable income. Their concerns are not about debt. Its non-compliant enforcement.
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#44 Re: Lowell obtain county court judgement in default

Post by Viking » 22 Jul 2017 22:03

One useful change with EX160 Forms for part/full fee remission now is that you can send copies of supporting evidence, such as Benefits letters, bank Statements and so on. Whereas, before, you had to produce originals, which was a monumental PITA and just wasted everyone's time.

This now means that, where applicable, you can now also email an EX160 with its supporting scanned evidence.

Sadly, unless it has changed recently, some Applications and original Claims must still be sent by post rather than email, but at least you can send copies.

I found that it would take me longer to compile the evidence of how much I wasn't earning for an EX160, than it took me to draft the actual submissions!

Red tape gone mad, as usual.

HTH

Viking

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#45 Re: Lowell obtain county court judgement in default

Post by Schedule 12 » 22 Jul 2017 22:25

You normally get EX160 if your income is around the government poverty threshold. That is the amount created by benefit and tax credit entitlements to ensure a minimum income.

I've seen client's above that amount get EX160 because the filing fee was by itself £20,000. The claim amount was £4m.

I always say claim it, and of its refused, then pay and eclaim it.

HM Court practice directions do not accept service of documents by email. A solicitor representing a bailiff tried to file by email but unwittingly, his own email footer even said he does not accept service of documents by email. The deadline was missed.
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#46 Re: Lowell obtain county court judgement in default

Post by Viking » 22 Jul 2017 22:42

Most lower Court events don't accept EX160 via email, but I know places like the Court of Appeal do.

Eventually the lower Courts will catch up, there's no reason why they cannot do so now, except for plain inefficiency and a pre-occupation with quills and parchment.

They are supposed to embrace technology, but they are having to be dragged, kicking and screaming, into the 21st Century.

At least they do accept copies of income evidence, which is worth knowing.

I do agree, Claim what you can.

Viking

anti bailiff
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#47 Re: Lowell obtain county court judgement in default

Post by anti bailiff » 31 Jul 2017 14:25

Hi

Just an update. I sent off my N244, witness statement and draft order to the court, and have now received a letter from the court telling me that my application to set aside is being transferred to my local court.

Do I need to file my defence against the CCJ now, or should I wait to hear from the local court before filing it?

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#48 Re: Lowell obtain county court judgement in default

Post by anti bailiff » 08 Sep 2017 16:07

Hi

I have now received a package of documents from Lowell through the post, in advance of the hearing to consider my application to set aside the default judgement that Lowell obtained against me. Included among these documents is a piece of paper which claims that the alleged debt was assigned to Lowell. This document, which I have attached, has no heading or contact details; I have redacted my own information.

This seems to be what Lowell will claim is a 'true copy' of an assignment letter. Months ago I requested a true copy of the Deed of Assignment from them and they refused to provide it.

They seem to be gearing up to have the entire hearing, rather than simply a discussion as to whether the judgement should be set aside.

What are your thoughts?
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#49 Re: Lowell obtain county court judgement in default

Post by Viking » 08 Sep 2017 16:33

Remember me saying this:
The NoA issue could also be pivotal because Lowell has many Companies, and they mix and match as if it makes no difference, but it does, the Assignee has to be the same Company as the one that Filed the Claim, but look carefully at the letters and any NoA, and I bet there are at least two Companies involved. Check that they have not pitched into the Claim using the wrong Company.
Which Company is on the Claim Form?

If it's not Lowell Portfolio I Limited, then that Company has no Right of Action, because it is not the Assignee, at least as stated on the knocked up Notice of Assignment you have just Posted, which claims that the Assignee is Lowell Portfolio I Limited.

If the two Company names match on both Claim and Notice of Assignment, then that argument won't help.

Well, it might, because the template Notice of Assignment is not necessarily what they sent, that's if they did send it, at the time. Lowell have a track record of getting muddled up with which Company to use, so put them to strict proof that is actually what was stated on the Notice of Assignment.

VIKING

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#50 Re: Lowell obtain county court judgement in default

Post by anti bailiff » 08 Sep 2017 19:43

Thanks Viking.

This so called 'notice of assignment' does mention Lowell Portfolio I, but I suspect they have knocked this thing up themselves. Lowell were asked to provide proof that they owned the alleged debt nearly a year ago and they refused to provide any proof.

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#51 Re: Lowell obtain county court judgement in default

Post by Michelle » 08 Sep 2017 22:11

I realise you have covered your personal details, but how about the letterhead? I can't see any on that letter...
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#52 Re: Lowell obtain county court judgement in default

Post by delta157 » 08 Sep 2017 23:22

Will a CCA request to Cap I assist? Then a CPR31.14 to Lowells' not help om this situation? Given that most debt purchasers don't always have the correct information on file or to hand?

Or CPR 13.4(b)

Application to set aside or vary judgment – procedure

13.4

(1) Where –

(a) the claim is for a specified amount of money;

(b) the judgment was obtained in a court which is not the defendant’s home court;

(c) the claim has not been transferred or, in the County Court, sent to another defendant’s home court under rule 14.12 (admission – determination of rate of payment by judge) or rule 26.2 (automatic transfer); and

(d) the defendant is an individual; and


in the High Court the court will transfer, or, in the County Court, the court officer will send, an application by a defendant under this Part to set aside(GL) or vary judgment to the defendant’s home court.

There will be many other rules that may apply?

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#53 Re: Lowell obtain county court judgement in default

Post by delta157 » 08 Sep 2017 23:32

With the s78 request have a look at the rules here >> https://www.legislation.gov.uk/ukpga/1974/39/section/78

You MUST be supplied with all of the amended terms and conditions and all documents relating to the original agreement from the start until the end this is normally quite difficult when debt purchasers are involved!

CPR 31.

anti bailiff
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#54 Re: Lowell obtain county court judgement in default

Post by anti bailiff » 11 Sep 2017 17:29

Michelle wrote:
08 Sep 2017 22:11
I realise you have covered your personal details, but how about the letterhead? I can't see any on that letter...
Hi Michelle, there was none. That was all there was. No contact details apart from mine, no letterheading, nothing.

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#55 Re: Lowell obtain county court judgement in default

Post by anti bailiff » 21 Feb 2018 15:59

Hi, here is an update on my Lowell saga.

It went before the court in September last year; a person representing Lowell turned up at the court. Prior to the hearing itself, he approached me and asked me if I understood what was going on; I I informed him that I knew very well what was going on, that I refused to be intimidated or bullied by either him or his client and to make himself scarce, at which point he retreated to the other side of a very large waiting room.

In court, this person claimed that Lowell had not received a copy of my defence; I informed the judge that one had been sent. The judge refused to rule and adjourned the case, on the basis that the person in court had not seen a copy of my submission, and ordered me to send Lowell a copy of the documents within fourteen days. The case was to be heard on the first available date, at least six weeks later; this would take into account a fortnight for me to send the papers, and a further four weeks for Lowells to respond.

I duly sent another copy of my documents to Lowells, who this time acknowledged receipt and sent me the same bundle of documents they had previously posted me. On 18th November, I received a letter from the court informing me that my case was due to be heard on 13 November... five days previously. Shortly after this, I received another letter from the court informing me that my application had been 'struck out' as neither party had turned up in court.

I emailed a complaint to the court at the beginning of December, following a telephone complaint by me; my email included a request for another hearing. Having heard nothing in early Jan, I telephoned the court again and was informed that my complaint and request would be going before a judge in the next few days. Two weeks later, having heard nothing, I called the court again and spoke to somebody else, who claimed to have no record of my email and that the case documents had been sent away for filing. A week later, I called the court again and spoke to someone who promised to see my case went before a judge. At the beginning of this month, it indeed went before a judge, who refused my request for a further hearing, referring to the 'court file' which he claims shows the date of service of the 13th November hearing as being 3rd November. He also stated;

'If the Defendant wishes to proceed a formal evidence must be submitted with any relevant evidence[sic]'

I copied my defence pack, attended the court last week and made a Statutory Declaration , in which I notified the court that I had received notice of the adjourned hearing after the hearing date. I posted this together with the copy of my defence pack at the court immediately after making the Stat. Dec.

Am now awaiting further news...

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#56 Re: Lowell obtain county court judgement in default

Post by Michelle » 21 Feb 2018 18:56

GOOD LORD! :o :o :o What a saga!

Makes you wonder who owns shares in Lowells, they have been playing dirty tricks all along and, somehow getting away with it! :evil: :evil: :evil:

Lowells would often issue a statutory demand, hand deliver it but it would be dated 3 weeks earlier, [mis]leading people to believe that they'd missed their chance to apply for set aside. :evil:

Best of luck and do keep us posted! :geek:
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