Hi i wondered if anyone can provide any advice on how to proceed. My husband received a letter from Yuill and Kyle in january regarding a debt with lowell portfolio after reading advice on here i sent off a CCA request on 3rd of february by recorded delivery and enclosed a postal order for the required fee. I also sent a letter to yuill and kyle telling them we had requested this information from lowell. These were signed for and we have heard nothing since. Yesterday a letter arrived from Yuill and Kyle stating the following: Dear Sir Lowell Portfolio I Ltd v You Should you not dispute the debt then you are now liable to pay the sum shown below which included Judicial Expenses. To avoid decree passing against you then please return the slip below with your remittance. Failure to do so will mean decree passing against you and our instructing sheriff officers t o recover the principle, judicial expense along with sheriff officer fees. Finally we refer you to the court documents now served upon you which details your right to make representations to the court and if appropriate to pay the debt by instalments. You are always able to contact us to discuss a payment arrangement with you based on your circumstances and then put to our client for consideration. Yours faithfully Yuill and Kyle 3***** Lowell portfolio 1 ltd v Mr ************* ********* Principle due : £****.** Judicial Expenses: £***.** Total Due: £****.** Im unsure as how to proceed next we have received no court papers as yet but i believed when a CCA was not supplied then no further action could be taken until these were produced? Any help gratefully received

Hi just an update. Received the documentation from Nolan's Or should i say a letter. They state that the information Cabot received from Bank of Scotland on assignation is: * The agreement was entered into in Jan 2008 * last payment was made in Feb 2010 and agreement terminated in June 2010 and assigned to Cabot in July 2011. * the card number was **** **** **** **** They enclosed copies of 2 letters "seemingly" sent to me in june this year from marlin financial services whom Cabot has instructed to retrieve the debt. Ive never seen these in my life. Nolans state they informed me of pending court action in july and august this year but have provided no evidence of this. They state Cabot has contacted bank of scotland to request certain documentation and this will be forwarded on when received. At the end of the letter they state: "If this is not available prior to the next calling of the case we would hope to speak to you in any event to ascertain whether the matter may be progressed by way of agreement rather than through judicial determination" So what should my next move be? What happens if they don't have the paperwork before the next calling can this be extended again? I feel the judge should be putting his foot down with them filing cases when they don't have the proper paperwork to begin with. I'm concerned at having to return to court after new year as my baby due date will be drawing closer. Any help greatly appreciated.

Why ? What will happen if we agree to it?

Hi last payment was made in dec 2009. What do we do now Dx do we allow the sist or object to it?

Ok wee update. Today received a letter from yuill and Kyle informing my husband that they intend to ask the court to make the case sist (put on hold) as they need time to gather more information and to allow them to get information from shop direct about the account. Just wondered what our options are here? If we object to sist would they drop the case? Feel they should have got this information from shop direct in February when we first asked for it!

I have written a defence statement which my husband has hand delivered to the court today I said that Lowell had failed to respond to any cca requests sent and without clarification of their claim my husband is disadvantaged and the claimants claim appears to be without merit. I asked that he be able to have time to submit a full defence should the claimant provide original copies of documents. that the particulars of the claim are vague and unsubstantiated and that my husband is unable to plead effectively or at all to the particulars of the claim without further clarification or disclosure. My question now is do I send a copy of this to yuill and kyle or does the court forward this to them???

I'll have a look on there to see if I can find anything thankyou

Absolutely nothing at all from anyone I have opened every envelope coming through the door even if I know it's junk mail. I've seen a few defence statements from others on the site but unsure really what to put I want to post it on monday to make sure it's definately there for Thursday is the absence of cca my defence??

I understand what you're saying we dispute the amount being claimed and so far Lowell nor yuill and kyle have provided any documentation to state how much the debt was purchased for or any agreement at all to say they do infact own the debt. starting to get nervous now still no reply to the sar request apart from a letter from yuill and kyle stating they had passed this on to Lowel l. But when my husband had called Lowell originally they said yuill and kyle had full charge of the account I feel like they are both passing the buck here. 6 days until court papers are to be submitted what do I write on them?? I've no idea. If someone could help that would be great.

here are the papers one thing that kind of stands out to me is how could lowell issue a default on the 8th of november when they did not purchase the debt until the 15th of november??

Will try and get these scanned and posted this evening the kids are running around just now and can hardly get a minute.

ok i will send cca to yuill and kyle tomorrow. (ive just discovered that they called our house at lunchtime today but didnt leave a message) the court papers are for small claims court.

15th of may. I'm not sure how to word it on the court papers. Does my husband need a solicitor also? sorry i've totally no idea on how to proceed my husband is rubbish at these things so its pretty much being left to me to sort out.

they gave my husband the account number over the phone. so what should i put on the court papers in order to defend it? i looked at his credit file on noddle and there are just stars where the account number should be i've looked out the littlewoods statements and the account number we had was the littlewoods account number this was also quoted on our letters from yuill and kyle so they've obviously only recently changed the account number

Hi I sent the CCA request to Lowell Portfolio at the start of February and i also sent a letter to yuill and kyle on the same day to inform them that i had done this. have received no reply from lowell at all (altho when my husband called today seemingly it was an invalid ref no. This was the one on the orignial letters) My parents say they will pay the debt for us if we can get them to reduce the amount my husband called lowell but they stated the account was with yuill and kyle now and they could do nothing. Should we defend based on no CCA or will yuill and kyle accept a reduced figure?