Good morning.

This morning my wife has received a claim form from the county court business centre.

I have been reading up and would thus be the correct process to challenge the debt?

The POC is as follows-

The defendant entered into a consumer credit act 1974 agreement with shop direct under account reference Xxxxxxxx (the agreement)

The defendent failed to maintain the required payments and a default notice was served and not complied with.

The agreement was later assigned to the claimant on 01/07/2011 and notice given to the defendant.

Despite repeated requests for payment, the sum of £2827.72 remains due and outstanding.

And the claiment claims

the said sum of £2827.72.

interest pursuant to s69 county court act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.620, but limited to one year, being £226.22.

Costs

So therefore if i send a CPR 31.14 to lowell solicitors limited which is on the claim form this would be requesting them to send me all the documents that relate to the agreement that they are claiming for??

And also will need to complete and acknowledge of service online?

Regards, dave.

Hi dave I have moved your thread to the Financial Legal Issues in view of the claim form received,

Please read the following link which will explain the process and what you need to do.

Copy and paste the Qs and your responses back here so we have all the relevant history of the debt and answers in one post.

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

Regards

Andy

Thanks mate

Name of the Claimant ? Lowell portfolio Ltd

Date of issue – 22 Feb 2017

What is the claim for – the reason they have issued the claim?

1.The defendant entered into a consumer crediticon act 1974 agreement with shop direct under account reference Xxxxxxxx (the agreement)

2.The defendent failed to maintain the required payments and a default notice was served and not complied with.

3.The agreement was later assigned to the claimant on 01/07/2011 and notice given to the defendant.

4.Despite repeated requests for payment, the sum of £2827 remains due and outstanding.

And the claiment claims

the said sum of £2827

interest pursuant to s69 county court act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.620, but limited to one year, being £226.22.

Costs

What is the value of the claim?

Amount claimed 3053

Court fee 185

Legal costs 80

Total amount 3318

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? The claim is from a catalogue (shop direct group)

When did you enter into the original agreement before or after 2007? Not 100% sure but either 2007/8

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 lowell.

Were you aware the account had been assigned – did you receive a Notice of Assignment? I believe she did

Did you receive a Default Notice from the original creditor? I believe she did.

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not too sure.

Why did you cease payments? I think it was about January 2011 but again not 100% sure

What was the date of your last payment? Possibly January 2011

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 managementicon plan? I don't believe so no.

Can you check on Noddle or some such credit check site to see what the date of default was.

That'll give some indication as to last payment.

This might...might...be statute barred.

" So therefore if i send a CPR 31.14 to lowell solicitors limited which is on the claim form this would be requesting them to send me all the documents that relate to the agreement that they are claiming for?? "

Correct and also a CCA section 78 request

" And also will need to complete and acknowledge of service online? " Correct

Andy

Just signed her up to noddle. Date of default was 28/06/2011

" So therefore if i send a CPR 31.14 to lowell solicitors limited which is on the claim form this would be requesting them to send me all the documents that relate to the agreement that they are claiming for?? "

 

Correct and also a CCA section 78 request

 

" And also will need to complete and acknowledge of service online? " Correct

 

Andy

Cheers Andy.

Just noticed this on her credit report but we know nothing about this.

It's under the ccj and showing as ACTIVE

Name Xxxxxxxxx

Address xxxxxxxxxxx

Judgment date 28/05/2012

Amount £ 690

Court name Northampton Ccbc

so vanishes may next year.

theres no harm in ringing SD and asking last payment date.

Cheers Andy.

Just realised too that the claim form is in her maiden name, does this make any difference?

And also do I send the cpr to the address for sending documents?

Regards.

Just realised too that the claim form is in her maiden name, does this make any difference? No

 

And also do I send the cpr to the address for sending documents? Yes and the CCA

 

Regards.

Andy

Andy

Thanks for quick replies Andy, much appreciated.

Both letters are now written up and printed ready to be posted.

Would it be best to send them both separate and recorded or in one envelope recorded along with the £1 postal order for the ccj request?

If its recorded...yes thats fine

If its recorded...yes thats fine

Just a quick update. Relevant forms got posted recorded and I've checked the tracking and it states they were delivered and signed for yesterday, 27/02/17.

We have also been online and done the AOS.

now don't forget to go ring SD and ask last payment date?

so vanishes may next year.

 

 

theres no harm in ringing SD and asking last payment date.

Sorry must have missed your message the other day.

But there is no details as to what the ccj is for or for whom.

And I assume your saying ring shop direct to see when last payment was?

Thanks

wont hurt. to ring SD in case it might be closer to SB if the Default was registered late?

as for the other CCJ - you have the CCJ number

go ring northants bulk and ask for a copy of it

Update.

My wife today received the following letters from lowell.

Not sure if i have attached them ok.

One states that the account was actually opened 22nd November 2005, also states that i asked for cca 24th feb 2014 (typo?).

Another states that they got legally assigned the account on 11th January 2011

(therefore is this now statute barred as she had not made any payments or arrangements to pay any of this?)

20170302_175549.pdf

20170302_174857.pdf

20170302_174635.pdf

Notice of assignment then

Won't go anywhere without a signed agreement

But whatever happens don't miss your def date

Cheers so how long should I wait before filing a defence?

The date of issue was the 22nd Feb 2017.

Thankyou.

go back and read that link in post 2

Ah yeah sorry.

So it would be the 26th March if I have calculated it right.

With the 26th March being a Sunday would I be best to submit it on the Friday 24th?

great work well done!!

so when was her last payment

dave keep the 2 copies of the notice of assignments safe with varying dates that they think they bought the debt...but not really sure...this will prove excellent disclosure for your defence.

Sorry for late reply. Her last payment was 11th November 2010.

dave keep the 2 copies of the notice of assignments safe with varying dates that they think they bought the debt...but not really sure...this will prove excellent disclosure for your defence.

Yeah I've kept everything together cheers.

Sorry for late reply. Her last payment was 11th November 2010.

Then its statute barred