Missnka
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Hi there! Due to looking after young babies I applied for extra time. Thank you for your help so far! Here are the answers: Which Court have you received the claim from ? MCOL Northampton N1 Name of the Claimant ? Lowell Portfolio I LTD Date of issue – 24 Feb 2022 ( I have applied for 14 days extra time) So I have until Tuesday 28 March. Particulars of Claim What is the claim for – 1. The claim is for the sum £439 due by the defendant under a xxx account with account reference of xxx. 2.The defendant failed to maintain contractual payments required under the terms of the account agreement. 3.The debt was legally assigned to the claimant on 30-12-16, 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 of assignment to the date of issue of these proceedings in the sum of £50. 5.The claimant claims the sum of £439. What is the total value of the claim? £574 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? NO, just another reminder to pay Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? YES (But I had my mail forwarded so I know there was no previous contact) Did you inform the claimant of your change of address? No Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? , mobile phone When did you enter into the original agreement before or after April 2007 ? After Do you recall how you entered into the agreement...On line /In branch/By post ? Online or phone Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? The original mobile provider debt does not. The Lowell debt does show on equifax. 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. Assigned to 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? No Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? No Why did you cease payments? I had no idea I owed anything. What was the date of your last payment? My bank account says 1st Feb 2016 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
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Hi again, I have just received a CCJ claim form from Overdales Solicitors acting for the client Lowell. I guess I should now complete the form saying I dispute the claim. Any advice on how to word my defence or any evidence to use? It says "the debt was legally assigned to the claimant on xxxxxx date." But My last contact/payment as checked thoroughly with my bank shows its definitely been over 6 years! The date of 'assignment' surely is not valid in a statute barred case. Please can you help?
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Hi, I have a reply. Overdales solicitors say they have a date of the last payment being received on 31 July 2016. I have checked my bank account (AGAIN) and have no payments to Vodafone AT ALL in that month or Jun/May/Apr/Mar (or after) 2016. It is my only bank account. They have said the account defaulted in Sept 2016, yet it is impossible for there to be a payment from me in 6 six years. I have checked! If it is statute barred from last payment and communication, then it is DEFINITELY 6 years if this debt truly exists. They have quoted Section 5 of the Limitation Act 1980. They have put the account on hold. What should I do now?
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Happy new year all! Hi, I received a letter of claim for Overdales Solicitors acting on behalf of Lowells. I phoned (without admitting anything, only giving name, address, DOB) and discovered the debt is for Vodafone from 21st April 2015. That makes it 6 years and nearly 9 months old. This is the first I am hearing of it and have never been contacted before about it. Should I proceed with a CCA request or a Statute Barred letter? And which company/address should I send correspondence to? or both?
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