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Lowell claimform - - old JDW CAT 'debt'


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Hi,

yesterday I received a letter with a county court summons saying that I owe nearly £300.00.

 

Can someone help me on this please,

I have only just started to get my credit back to an average status

and do not want a CCJ against me for this amount.

 

What do I do now???

 

Any help would be much appreciated...

 

Thanks

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Hello and Welcome,

 

I have moved this thread to our Financial Legal Issues forum, you should get some help shortly.

 

Regards,

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Think you will need to explain more.

 

Is this a new court claim, that you had no previous communications with the creditor about ?

 

Do you dispute owing the debt and if so what have you done about it ?

 

I will post a link to a thread with more information and you will need to answer a few questions to enable help to be provided.

We could do with some help from you.

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Please read the following link and then copy and paste the Q,s and your responses back here for further advice.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**(1-Viewing)-nbsp

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Hi

 

I cannot remember this one,

if I have had the debt I will pay it,

 

the thing is is that I don't want a CCJ against my name as I am only just getting my credit back to normal after my marriage broke down 4 and half years ago....

 

I'm worried now that this is going to affect my credit file....

 

I cannot recall them sending me letters about this at all....

 

What can I do to stop this CCJ as I cannot afford to pay in full.

 

Thanks

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Please read this linked thread

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**(1-Viewing)-nbsp

 

In post #1 of the linked thread, there are question/answer fields. Can you please copy/paste these across to your thread and provide the information required.

 

You might be able to defend this claim and avoid a CCJ or negotiate a smaller amount to pay it off.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Name of the Claimant ? - Lowell Portfolio

 

Date of issue – 17 MAR 2017

 

What is the claim for –

1.the claim is for the sum of £217.27 due by the defendant under an agreement regulated by the consumer credit act 1974 for a JD Williams account with an account REF XXXXX

 

2.Defendant failed to maintain contractual payments required by the agreement and a default notice was served under s.87(1) of the consumer credit act which has not been complied with.

 

3.the debt was legally assigned to the claimant on 06/03/2015 notice of which has been given to the defendant.

 

4.the claim includes statutory interest under S.69 of

the county courts act 1984 at a rate of 8% per annum from the date

assignment to the date of issue of these proceedings in the sum of £17.38.

The claimant claims the sum of £234.65

 

What is the value of the claim? - £309.65

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? catalogue debt

 

When did you enter into the original agreement before or after 2007? after 2007

 

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim. Lowell

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? cannot remember

 

Did you receive a Default Notice from the original creditor? cannot remember

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? IM NOT SURE AS I HAVE MOVED HOUSE

 

Why did you cease payments? I had a marriage breakdown and got in to financial difficulties

 

What was the date of your last payment? I don't believe I have ever made a payment to Lowell

Was there a dispute with the original creditor that remains unresolved?

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Go back to that link now and read the instructions with regards to acknowledging service of the claim...which you can do on line (instructions are in the claim pack) and sending the claimant a CPR 31.14 and CCA section 78 request.

We could do with some help from you.

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Read post 11 above...already advised.

 

You need to calm down and carefully read what you are being advised otherwise you will get this wrong.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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sorry I'm confused and panicking, what should I do now???

 

Read the linked information

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**(1-Viewing)-nbsp

 

It tells you what to do.

 

Acknowledge the court claim online following the instructions received with the claim. Tick defend in full.

 

You send a CPR 31:14 letter to the claimant ( Lowell Soilicitors ) requesting all documents stated in their claim.

 

Send the CCA request letter to Lowell for a copy of the Consumer Credit Agreement for the account with JD Williams.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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go ring JD Williams and ask last payment date.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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thank you I will send both of these letters off and see what happens, ive tried to log on to website given to defend the claim but it is down at the moment, just my luck! :(

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don't forget to ring JDW first.

 

if the last payment was outside of 6yrs from the claimform date

the debt MIGHT be statute barred and we can kill the claim dead without the need to waste postage etc.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 3 weeks later...

Hi all.

 

Today I have received a letter from court stating that they have registered a defence

but have invited this to be taken to a small claims court,

 

what do I do now please with this

 

it states if not completed by the 25th April then the court can strike out the judgement or proceed,

 

what should I do now,

 

thanks

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what defence did you file?

 

 

or do you mean they acknowledge that you are defending the claim with what you did on MCO - defend all?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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what defence did you file?

 

 

or do you mean they acknowledge that you are defending the claim with what you did on MCO - defend all?

 

I defended it all as I said that I did not owe that money a dns have asked for all notifications that they hold. I

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please post up your defence

 

 

is this an N180 you have?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Hi all.

 

Today I have received a letter from court stating that they have registered a defence

but have invited this to be taken to a small claims court,

 

what do I do now please with this

 

it states if not completed by the 25th April then the court can strike out the judgement or proceed,

 

what should I do now,

 

thanks

 

So you have received the directions questionnaire N180 which you must complete and file and serve by the date stated.

 

It would be useful if you require any further advice on how to proceed if we have a full copy of the defence you have submitted....otherwise we will be guessing as to what what you have submitted

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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