I've received a ccj notice for Lowell for jd Williams

I've got the usual 14 days to respond,

my only thing is I have currently have a jd Williams account!

Amount they taking me to court for is 616 from 2013,

my current account is up to date and is £150 but in credit.

It's says Lowell purchased the debt in 2014

I'm worried now as I've just put credit rating well

Contact JD williams and give them the account number lowell state. Theyll tell you the info.

If youve only ever had one account, then tell lowells they are incorrect, you only have one, and it is currently active and in credit, and any court action will be defended fully. If they go to court, i'd counter claim too.

Have they sent ANYTHING else about this alleged debt before?

Last thing I got was to pay in full anout 6 months ago contacted and told not to worry then Lowell kept calling me to pay them

I'll call them tomorrow thank you will update when they tell me more

I would suggest these are two separate accounts?

does the account number in the POC match that of your present account?

as for its Lowell operating for JDW.

no its not

they've SOLD the debt on

so it must be another account from your present one.

it will state assignment in the poc too.

so

get this link done please

you need to get moving:

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

dx

Name of the Claimant ? Lowell Portfolio I LTD

Date of issue – . 09 June 2017

Date to submit defence 11 July 2017

What is the claim for –

1.The claim is for the sum of £618.30 due by the Defendant under the agreement regulated by the consumer credit act 1974 for JD Williams account with and account reference of ---------

2.The 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 1974 which has not been complied with

3.the debt was legally assigned to the claimant on 31/mar/2014, notice of which has been given to the defendant.

4.The claim includes statuary interest under s.69 of the county courts act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £49.46.

The claimant claims the sum of £667.76

What is the value of the claim? 618.39

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? catalogue

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

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. debt purchaser

Were you aware the account had been assigned – did you receive a Notice of Assignment? no

Did you receive a Default Notice from the original creditor? yes in 2013

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? no

Why did you cease payments? 2012 september ?

What was the date of your last payment? september 2012

Was there a dispute with the original creditor that remains unresolved? no

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? no

so confirmed as a different account to the running one now yes?

WHY did you cease payments please?

They said they are, and ceased payments as could t afford it, I contacted them as time to set up payment plan but for every £10 pcm a £12 pcm fee was applied!

I didn't know that simply be was jd Williams when opened up this account but that's in credit

eh?

so they are NOT the same account??

can you not simply answer the questions?

what you've posted is far from clear...

sorry, they are not the same account

good we go there

the fact that you had an old sold account wouldhave nowt to do with the OC allowing 'more' credit in the same name

they've wiped their hands of it and sold it on.

now the reason why is going to be important...

no agreement?

made up of unlawful charges?

your CCA and CPR will reveal those if the claimant wants to progress the claim....

so

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

don't sign anything

.

dx

Brill thank you, I'm going post office 1st thing recorded delivery for them both.

Thank you

Thank you, all posted 1st class recorded nothing signed! just printed, and MCOL done too.

got a response from solicitors:

we write in relation to the above matter,

We have received your letter in which you make a request for documents and have notified our client Lowell Portfolio I Ltd of this request.

Documents in support of our client's claim will be disclosed on or before disclosure as directed by the Court.

In the meantime, please file your response to the Claim form in accordance with the Court Timetable.

If you require further time prepare your response, Please let us know as we may be able to agree a short extension to the Court time table.

if you have any further queries please do not hesitate to get in touch with us.

safe to ignore

just do not miss your defence filing date whatever happens.

dx

im not sure what to do with the defence

urm..cag is self help too.

cant see yo've read one other legal thread whatsoever?

search CAG box top red toolbar

Lowell claimform cat debt

im just reading that one now, thank you

ok ive read and still reading load, such amazing information thanks guys, im sorry sound lazy just so tierd, (like most, each on of my children has been ill over the last few weeks and partner on 5/6 nights a week on 15 hour shifts, just not stopped)

Had a strong Tea and have tried to do defence, my only thing is i got a default notice in 2013, ive put this but stated ive not had one since i will post it when i finished going over it, i just need to get my head round it

you don't send/do anything without posting it up here FIRST.

not due till 11th anyway.

ok thank you, ive done what i think is right, but while all kids asleep im gonna go bed and refresh and carry on when they all in school tomorrow thank you, i think its right but ill get my head wrapped round it easier when my awake

got a response from lowell, that says:

thank you for your recent correspondance, We not your request for information regarding the above refernce number under section 77-79 of the consumer credit act 1974 we write to advise that we do not hold any accounts with the above reference number in your name.

But on back page is states Account numer -- JD Williams 678.30- but they tell me that they hold the above account and is be managed on our behalf by our outsource team Lucas Credit services Limited and we ask that any further correspond is sent to them directly on the details shown below.

Lucas Credit Services.

and have said will cease collections for 30 days (not gonna happen with courts involved so still doing defence) and if they do not hear from me in 30 days will return my postal order.

now im confused, do i do another postal order to lucas credit but court say it lowell collecting it

no just them being obstructive.

to be noted in your defence.

dx

reading the form the reference i used for the cca letter is the one on the court document, its on the section were it says claimant including ref, so i think that my fault, resending cca with the reference supplied in the particulars of claim.

this ok for defence

1.The claim is for the sum of £618.30 due by the Defendant under the agreement regulated by the consumer credit act 1974 for JD Williams account with and account reference of ---------

2.The 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 1974 which has not been complied with

3.the debt was legally assigned to the claimant on 31/mar/2014, notice of which has been given to the defendant.

4.The claim includes statuary interest under s.69 of the county courts act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £49.46.

The claimant claims the sum of £667.76

Defence

The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

1. Paragraph 1 is noted. I have had in the past an agreement with JD Williams but do not recognise the account number referred to by the claimant.

2. Paragraph 2 . I have received a Default Notice from the original creditor in 2013, but nothing since.

3. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served.

Therefore Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement; and

(b) show and evidence the nature of any breach by way of a Default Notice

© show how the Defendant has reached the amount claimed for; and

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

5. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of consumer credit Act 1974.

6. On the 15th June 2017 I made a legal request by way of a CPR 31.14 request and a Section 78 request to the Claimant. The Claimant has failed to comply and therefore is in default of this request and as such is not entitled to to enforce the agreement or request any relief until such compliance.

7. By reason of the facts and matters set out above, the claimants claim is denied