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  1. Thank you. It is an old catalogue debt and no payments have been made since March 2015.
  2. I have received a Letter of Claim from Drydensfairfax on behalf of Capquest for a debt that I am pretty sure is now statute barred (default March 2015). It is no longer showing on my credit report. Years ago I sent CCA to Capquest, received a photocopy of a blank credit agreement. How do I respond to the Letter of Claim? Thanks in advance.
  3. Thanks dx, I'll amend the original creditor part and remove the blue part.
  4. Could someone please have a look at my defence, many thanks. 1.The claim is for the sum of £398.82 due by the defendant under a non-regulated Shop Direct account with an account ref of ****** 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/Aug/2015, notice of which has been given to the defendant. The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of proceedings in the sum of £31.91 The claimant claims the sum of £450.73 Defence The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is noted. I have had in the past an agreement with Shop Direct but do not recognise the account number referred to by the claimant.It is my understanding that all credit facilities provided by Shop Direct would be regulated and legislated under Credit Consumer Act 1974. 2. Paragraph 2 is denied. I have not received a Default Notice from the original creditor. 3. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served. Therefore Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show and evidence the nature of any breach by way of a Default Notice © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 5. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of Consumer Credit Act 1974. 6. On the 8th November 2016 I made a legal request by way of a CPR 31.14 request and a Section 78 request to the Claimant. The Claimant has failed to comply and therefore is in default of this request and as such is forbidden to request any relief until such compliance. 7. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
  5. Could someone help me work out when my defence date is please.
  6. I have received a letter from CohenCramer saying they have received my request for documents. It says that Lowell have given them a minimum of 45 days to send the documents to me, the account is on hold and I will have a further 14 days to prepare my defence once I've received the documents. What do I need to do now please?
  7. So I've done credit check, the account was opened in March 2006.
  8. I have done the CCA and CPR 31.14 and will post tomorrow. The MCOL website crashed while I was on there, I clicked the defend option just before it crashed so I think I've done it right. Is this classed as acknowledgement of service of the claim? Sorry, I've never dealt with anything like this before. What is my next step in the process please?
  9. Apologies, I only read the 'before' in my rush to fill the form in! As far as I can remember, it was before 2007. But my memory isn't great!
  10. Name of the Claimant ? Lowell Portfolio I Ltd Date of issue – 31 October 2016 What is the claim for – the reason they have issued the claim? 1.The claim is for the sum of £398.82 due by the defendant under a non-regulated Shop Direct account with an account ref of ****** The defendant failed to maintain contractual payments required under the terms of the account agreemant. The debt was legally assigned to the claimant on 28/Aug/2015, notice of which has been given to the defendant. 2.The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of proceedings in the sum of £31.91 The claimant claims the sum of £450.73 What is the value of the claim? £515.73 including court fee and legal costs. Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? catalogue debt. When did you enter into the original agreement before or after 2007? Yes, i think so 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 Lowell Were you aware the account had been assigned – did you receive a Notice of Assignment? I think so, from Lowell Did you receive a Default Notice from the original creditor? Yes but had a repayment agreement. Had been paying regularly until i missed a couple of payments. Then Lowell took over even though I was still paying OC. This is when I stopped paying. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Yes Why did you cease payments? Financial hardship. I'm a single parent on a low income. What was the date of your last payment? Over a year ago. 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, had been making payments for about 3 years. Funnily enough, my account with Littlewoods is still active and is showing that I have available credit. As I've been paying this for over 3 years I'm pretty sure that by now I've paid for the goods I bought. I would think the balance owing would easily be covered by charges and interest accrued when I was originally in financial difficulty following my (now ex) husband leaving.
  11. I received a CCJ claim form on behalf of Lowell's yesterday. Could someone please help with how to proceed? I have registered with MCOL after reading some other threads. I will fill in the questionnaire and post asap Thanks in advance.
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