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About skybluechic

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  1. Hello all! Just received a letter from Lowells solicitors to confirm they have filed a notice of discontinuance with the court! So relieved to see this letter, I was pretty confident as it is statute barred but just wanted to see it in writing from them! Thank you everyone that has helped me with this, it really means a lot!
  2. Hi, I filed my defence and have now received a copy of the Directions Questionnaire from Lowells which they say they have lodged with the court. The letter says I will shortly receive one too and that the court will use the information contained in both our copies to make decisions about how the case should proceed. I haven't received my questionnaire yet but just wondered what this was all about? Thanks
  3. No worries, thanks DX!! I have completed the AOS as above, should I now start the defence or do I need to wait?
  4. Is there anything that I should be doing with regards to responding to this? Many thanks!!
  5. Name of the Claimant ? Lowell Portfolio Ltd Date of issue – 12/04/2017 Date to submit defence: 14/05/2017 What is the claim for – the reason they have issued the claim? 1)The Defendant entered into a Consumer Credit Act 1974 regulated agreement with Marks and Spencers Bank Account under account reference **************** (‘the agreement’). 2)The Defendant 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 **/12/2015 and notice given to the Defendant. 4)Despite repeated requests for payment the sum of £7***.** remains due and outstanding. And the claimant claims a) the said sum of £7***.** b) Interest pursuant of s69 County 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 £1.***, but limited to one year, being £6**.** c) Costs What is the value of the claim? £87**.** (including costs) Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit Card When did you enter into the original agreement before or after 2007? Before 2007 (August 2006) 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 assigned and claim issued by debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Received notice of assignment that M&s sold to Sigma SVP1 Limited in December 2011, but never received notice of assignment to Lowell but have moved house twice in 3 years) Did you receive a Default Notice from the original creditor? Yes copy attached earlier in thread Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No cant find any paperwork of this nature Why did you cease payments? Partner lost his job and I had to cover mortgage and other priority bills What was the date of your last payment? November 2007 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 not that I recall
  6. Hi, The latest on this is that I have received numerous letters from Lowell portfolio and solicitors chasing for the money and threatening court action in which I have ignored. I have today received a county court claim form relating to this. The debt is statute barred so I will dispute on those grounds however I am worried about my comments in the earlier threads relating to sigma red showing a payment by me of £2 which I did not make in Jan 2012. Is this anything to worry about?
  7. Hi, with regards to the M&S card I had issues with in this thread, I have now received a letter from Lowells stating they have bought the Debt. In my eyes the debt is statute barred as I have not made a payment since early 2008 and have not acknowledged the debt. My concern is in my above thread I mentioned that I had received a thank you for you payment from the creditor which I can only assume was the fee for the SAR as I did not make any payments. Lowells are trying to ring me everyday and sending letters asking to set up a payment plan. Can anyone advise what or if anything I should do now? Thanks
  8. So just to make sure we know what he needs to do, we should first ask Cabot directly to provide a consent order and send it to the court. Should they be sending a copy of this to my partner? In the meantime should we also complete a N244 form for the court for the CCJ to be set aside or will this confuse things? Thanks!!
  9. Thanks citizenb and dx. We will talk to cabot and see what they will put in writing for us to use to see if that can help. Should he be talking directly to Cabot now or Wright hassell who were acting on their behalf? Thanks!!
  10. Thanks for the quick replies. Ok great I will read up on getting the judgment set aside asap. How long is this likely to take as the way we found this on the credit file was through a mortgage application, luckily this was a soft check but are now at risk of losing the house we wanted to buy because of this.
  11. I think they realise it was placed wrongly as we have proof it is being paid with only approx £100 left. As far as we were aware weightmans were handling the account and we were paying them directly we can see this on the credit files so weightmans or Cabot must have been updating this. Sorry Martin what is a HCEO? Yes totally agree, the CCJ has been granted just because the companies can't communicate with each other or check the facts first. What can we do to make sure they inform the court to remove it? They have said they will talk to the court on Monday but I am dubious as to whether they will do this.
  12. My partner has discovered today that a CCJ judgement for over £1000 took place a couple of weeks ago for an old credit card debt. He is currently paying this off to a company called weightmans who are working on behalf of Cabot who now own the debt. He agreed with weightmans nearly 18 months ago that he would pay £50 per month and he has done this ever since and his credit files reflect this. However Wright hassell solicitors on behalf of Cabot have now registered the CCJ for the full debt plus court costs. The CCJ was also registered to our old address which is why we never received the court papers as we may have been able to stop it. Weightmans are baffled and don't understand what has happened and Wright Hassel have said after a very lengthy phone call and the demand to talk to a manager that they will contact weightmans for confirmation and then contact the court for removal. Does anyone know how long this will take and is there anything we can do to speed up the removal?
  13. Hi Dx, As this debt is having a negative effect on me and I have no idea how long it will be on my credit file, do I have grounds to request removal of the debt with the cra's. If Cabot or goldfish had defaulted me the debt would no longer appear on my file but because they they didn't default it is stuck on my file. Thanks
  14. Hi, After several letters to Cabot I have now received a response to my cca request saying that they are unable to find the requested information. They also stated that the debt is unenforceable but I am still obliged to pay it. I have checked my equifax credit report tonight and the debt is still showing. Any ideas how I can now get this removed? Many thanks!
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