Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #1

    Default Lowell claim form - old studio debt

    Iíve just received a claim formicon out of the blue from Lowellís for an old studio catalogue debt,
    I have received the normal threat letters from them months ago but as far as Iím aware not a letter confirming that they are taking me to court.
    Can they do this?

    Iím also wondering if they are doing this as the debt may be statute barredicon or is just about to become barred.

    The original agreement was started August 2012 and defaulted March 2014, but Iím unsure when the last payment was.

    Also just to check do I respond as normal to the claim form?


  2. #2
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    Default Re: Lowell claim form - old studio debt

    Please fill this outicon

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  3. #3

    Default Re: Lowell claim form - old studio debt

    Name of the Claimant ?Lowell portfolio ltd

    Date of issue18 jan 2018

    Particulars of Claim

    1. the defendant opened a studio regulated consumer crediticon account in reference xxxxxxxxx on xx/09/2012 (Ďthe agreementí).
    2. In breach of the agreement, the defendant failed to maintain the required payments and the agreement was terminated.
    3. The agreement was later assigned to the claimant on xx/09/2015 and written notice given to the defendant.
    4. Despite repeated requests for payment the sum of £350 remains due and outstanding.

    And the claimant claims
    a) the said sum of £350
    b) interest pursuant to s69 count courts 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 £0.076 but limited to one year, being £27
    c) costs


    Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (pre action protocolicon) ?Not that Iím aware only normal threat letters

    Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?No

    Did you inform the claimant of your change of address?N/A

    What is the total value of the claim?£461

    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 April 2007 ?After

    Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?Yes

    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. Debit purchaser

    Were you aware the account had been assigned Ė did you receive a Notice of Assignment? Probably, canít remember

    Did you receive a Default Notice from the original creditor? Not sure

    Have you been receiving statutory notices headed ďNotice of Default sumsĒ Ė at least once a year ? Not that Iím aware

    Why did you cease payments?Couldnít afford them

    What was the date of your last payment?Not sure

    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


  4. #4

    Default Re: Lowell claim form - old studio debt

    when was your last payment to this?


  5. #5

    Default Re: Lowell claim form - old studio debt

    you would need to have not paid this within 6yrs,
    does your credit file not state payments?

    PLEASE REFRAIN FROM HITTING 'REPLY WITH QUOTE' IF YOU ARE SIMPLY REPLYING TO THE LAST POST IN A THREAD..JUST TYPE!!
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  6. #6

    Default Re: Lowell claim form - old studio debt

    Iím unsure when the last payment was as my credit report only goes back to 2016


  7. #7

    Default Re: Lowell claim form - old studio debt

    Go phone studio and ask them for the last payment date


  8. #8

    Default Re: Lowell claim form - old studio debt

    Iíll give them a ring.

    Do do the claim formicon as usual on the mcol site?


  9. #9

    Default Re: Lowell claim form - old studio debt

    Wait until you get the information they we can advise on next steps


  10. #10

    Default Re: Lowell claim form - old studio debt

    what did they say?

    PLEASE REFRAIN FROM HITTING 'REPLY WITH QUOTE' IF YOU ARE SIMPLY REPLYING TO THE LAST POST IN A THREAD..JUST TYPE!!
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  11. #11

    Default Re: Lowell claim form - old studio debt

    Managed to speak to someone at studio, as the account has been inactive for so long they no longer have the date of the last payment or even what the balance was when the account defaulted. I though companies had to keep that information for a certain length of time.
    So what do I do now ?
    And Iím getting worried that time is running out to get the claim formicon off.


  12. #12

    Default Re: Lowell claim form - old studio debt

    are you certain you haven't paid anything on this for 6years?


  13. #13

    Default Re: Lowell claim form - old studio debt

    if the debt was cleared. how would that affect me applying for finance. would it not be better if its paid rather than outstanding?


  14. #14

    Default Re: Lowell claim form - old studio debt

    if the OC has no records that means its last payment/transaction was outside of 6yrs and as per guidelines they don't have to keep the info.

    pers id follow this:

    pop up on the MCOL website detailed on the claimformicon.
    .
    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 Requesticon 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 defenceicon regardless by day 33 from the date on the claimform [1 in the count]

    ÖÖÖ..


    then if you like go back in and file this defence:

    E&W
    ....


    The following defence is all you need if it is SB

    1 The Claimant's claim was issued on (insert date).

    2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barredicon pursuant to the provisions of section 5 of the limitation act 1980.
    .
    If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.
    .
    3 The Claimant's claim to be entitled to payment of £[insert figure from their POCicon] or any other sum, or relief of any kind is denied.
    ..
    ..ends..

    PLEASE REFRAIN FROM HITTING 'REPLY WITH QUOTE' IF YOU ARE SIMPLY REPLYING TO THE LAST POST IN A THREAD..JUST TYPE!!
    it makes a thread twice as long to scroll through..save data download times and costs
    If you want advice please PM me a link to your thread. PM advice is not allowed!!
    DX
    RIP Martin3030

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  15. #15

    Default Re: Lowell claim form - old studio debt

    Thank you for all your advice.
    Just wondering If I use the statute barredicon as my defence and once I get the information back from Lowell and itís not SB what do I do then?
    Also Lowell have now sent me the letter saying theyíre taking me to court.


  16. #16

    Default Re: Lowell claim form - old studio debt

    Basically your up the creek...thats why its imperative to do the research before submitting a statute barredicon defence.

    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



    If you want advice on your thread please PM me a link to your thread
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  17. #17

    Default Re: Lowell claim form - old studio debt

    Quote Originally Posted by Andyorch View Post
    Basically your up the creek...thats why its imperative to do the research before submitting a statute barredicon defence.
    Thatís what I thought, so if I donít get the information back on time what should I do?
    Also whatís the latest date I can submit my defence?


  18. #18

    Default Re: Lowell claim form - old studio debt

    no harm in ring shop dorect again
    sometimes a different operator has differing skills
    defence filing date is already explained in post 14.

    if you find out its not SB'd then you file our std holding/no paperwork defence in most claimformicon threads here already in the very same forum

    PLEASE REFRAIN FROM HITTING 'REPLY WITH QUOTE' IF YOU ARE SIMPLY REPLYING TO THE LAST POST IN A THREAD..JUST TYPE!!
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    If you want advice please PM me a link to your thread. PM advice is not allowed!!
    DX
    RIP Martin3030

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  19. #19

    Default Re: Lowell claim form - old studio debt

    Still not had anything back yet, how long does it normally take?
    Also have I got my calculations right I need to file a defenceicon by the 22nd of February?


  20. #20

    Default Re: Lowell claim form - old studio debt

    how to calc your defence filing date is in post 14.

    did you ring SD again to see if another operator can give you the info.

    you could always remind them that under the prevention of fraud act
    and
    the data protection act
    they MUST keep data for atleast 6yrs
    speak to a supervisor if you need too
    it would be far better if you could file the SB defence.

    PLEASE REFRAIN FROM HITTING 'REPLY WITH QUOTE' IF YOU ARE SIMPLY REPLYING TO THE LAST POST IN A THREAD..JUST TYPE!!
    it makes a thread twice as long to scroll through..save data download times and costs
    If you want advice please PM me a link to your thread. PM advice is not allowed!!
    DX
    RIP Martin3030

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