Hi

In 2016 Lowell purchased a credit card debt of 3K.

I sent 3 letters using templates from a now defunct site and they sent me a copy of my original credit agreement.

I have continued to ignore their letters, which were mainly offers of discounted settlement. (the latest was 50% in feb)

I now have a Claim Form from the court and unsure what to do as i have top respond soon.

I'd be grateful for any advise on whether I should defend, and if so how?

Thanks

VitSea

Please will you tell us who the original creditor is, the date of the debt, date of last payment

In order for us to help you we require the following information:-

Name of the Claimant ? Lowell Portfolio

Date of issue – 25 May 2018

Date to acknowledge) = 12.06.18

date to file defence 26th june

What is the claim for –

1) The defendent entered into an agreement for a XXX Credit Card account under reference xxxxxxxxxx (the Agreement)

2) The defendent failed to maintain the required payments and the service was terminated.

3) The agreement was later assigned to the Claiment on xxxxxx by xxxx and notice given to the Defendant.

4) Despite repeated requests, the payment for the sum of £3K remains due and outstanding.

And the claimant claims for

a) the said sum of £3K

b) costs.

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Unsure

What is the value of the claim? iro £3K

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

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. Debt purchaser Lowell

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

Did you receive a Default Notice from the original creditor? Yes

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Yes

Why did you cease payments? I didn't cease payments but was put on a payment plan which i paid and didn't default.

What was the date of your last payment? May 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? Yes

The original creditor was bank of scotland

Do I understand that you were involved in a debt management plan and as a result you have been making regular payments which have been agreed by the OC and that you haven't breached the agreement in any way?

Sorry no, I was put on a reduced payment plan by the Bank of Scotland (the original credit card) when I notified them that I had financial difficulties, I paid a reduced amount for about a year without default then they sold the debt to Lowell. I have not paid Lowell anything. i hope that makes it clearer.

3 letters using a defunct site - Hmmm in that case Did they ask for the Deed of Assignment etc?

Yes I asked for the Deed of Assignment

Okay well welcome to the right place to come for advice...

Forget that 3 letter nonsense... Wait for one of the legal guys to come in and they can help

Thread has also been moved to the FLI Forum

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 start 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

.

type your name ONLY

no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform.

Just to say thanks for everyone's input so far - I know it's Sunday on a BH weekend and i'm sure you have better things to do - so much appreciated.

Read the following thread.....Did you ever receive this questionnaire ?

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?

Unsure

https://www.consumeractiongroup.co.uk/forum/showthread.php?481827-The-Pre-Action-Protocol-for-Debt-Claims-is-made-by-the-Master-of-the-Rolls-as-Head-of-Civil-Justice.-1st-Oct-2017

Regards

Andy

Hi Andy, no I have not received one of those - this is the first time i've seen one. The only comms I received prior to receiving the Claim Form was a short 'Pre-Legal Assessment' letter from Lowell and then a letter from Lowell Solicitors headed 'Notice of Acting'

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 start AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

Above done

Get. CCa/cpr done tomorrow

Get. CCa/cpr done tomorrow

They have already sent me a copy of the credit agreement when I underwent the 3 letter process 18 months ago. Do I still need to repeat the request?

just send the CPR 31.14.

Done.

What's my next step?

Start looking at other threads and preparing your defence

Use the search bar at the top of the page

Whatever you do don’t miss your defence filing date

Post your defence up here first to be checked by Andy

Cheers Jon

I'm a bit confused with the logging in procedure to MCOL, I did the following steps

register as an individual

note the long gateway number given

then log in

select respond to a claim and select the start AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL

I did this a few days ago, but now can no longer log in to the 'Respond to a Claim made against you' box using the claim number and defence pack password - Is this because i have already acknowledged the claim? And if so where do I see sight of the rest of the Claim form online? i.e the Defence page which i will need to access soon?

You dont need the pack or anything

Read other threads all here

Thanks - will do, I'm just starting to panic a bit. I guess if i cant log on then I can submit my defence by email or post hard copy.