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  1. Received letter from Overdales today discharging legal proceedings and court date cancelled. Will the default be removed? Thank you
  2. I have received these replies and now I have a Notice of Proposed Allocation to Small Claims Track. Do I complete the Notice ? many thanks LOWELL PORTFOLIO LLTD.pdf
  3. where would you suggest I add this? I am assuming at the beginning of my defence. Thank you for your assiatnce final def.pdf
  4. My defence is due tomorrow. I have removed the section 78 which i did not realise was the CCA request. Many thanks defence3.pdf
  5. Defence is attached. Hope I'm getting closer to a successful defence? Many thanks defence.pdf
  6. They were successful in confusing me. Do I still need to submit defence? Can I request they remove the default from my credit file? The letter says it cant enter default for mobile contract? thanks
  7. Received a reply today to CPR request. Please see attached file. Please help as not sure what this means? Is my defence that they are not the original creditor and therefore not entitled to claim the balance without been able to provide the documents. Thank you Overdales.pdf
  8. Equifax details= Lowell Portfolio Contract start date - 13/05.2010 date updated - 24/08/2017 default date 05/04/2016 3.The debt was legally assigned to the claimant on 28/02/2017. Notice of which has been given to the defendant. The account went into default with Vodafone the original creditor 05/04/2016?
  9. CPR request sent to solicitor. I have till 18 may to submit defence? Waiting for response, if I get no response from the request is this my defence? Please help with next step. Thank you
  10. CPR request to be sent to Solicitors? How do I acknowledge service to the court? Do I return the Defence and Counterclaim in the response pack? Thank you
  11. Please confirm first step is to request copy of consumer credit agreement to Lowell Portfolio Ltd. Thank you
  12. Name of the Claimant ? Lowell Portfolio Ltd Date of issue – 16/04/2021 Particulars of Claim What is the claim for – 1.This is a claim for the sum of £249.90 due by the defendant under a vodafone account 6*******. 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 28/02/2017. Notice of which has been given to the defendant. 4.The claim includes statutory interest under s.68 of the county courts act1984at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £19.99 The claimant claims the sum £269.89. What is the total value of the claim? Amount claimed £269.89 court fee £25.00, legal representative costs £50.00 Total £344.89 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Notice of pending legal action 12/02/2021 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? na Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? mobile phone vodafone contact 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 Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? dont know 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? no Did you receive a Default Notice from the original creditor? not sure Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? Not sure Why did you cease payments? handset broke, contract will have ended 2016 What was the date of your last payment? 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 What you need to do now. Answer the questions above If you have not already done so – send a CCA request to the claimant for a copy of your agreement (If Applicable)
  13. I have received a Claim form from Overdales solicitors on behalf of Lowell issued on 16/02/2021. I have may have stupidly ignored any previous correspondence Notice pending legal action 12/02/2021. I have ignored Lowells because they were a DCA and didn't think they would pursue the debt yet alone take me to court. The claim is for an old Vodafone contract phone that would have expired before 2017. I have been having medical issues and investigations. I am looking for advice, what should I do next? Many thanks
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