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joes

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Everything posted by joes

  1. I've written to Lowells asking for the DN and NoA. What if they send a copy of what I found which was a NoA and a DN from Carter the solicitor. Would I have to pay them in that case?
  2. Thanks again everyone for being so helpful. This is really unfortunate, but I found a letter today with the Royal Bank of Scotland headed paper. It's a notice of assignment. Why would Halifax send a notice of assignment with Bank of Scotland headed paper? I know they are the same thing but still the letter sounded to me like it wasn't written by the bank but by Lowell's. There's just something about the wording of it. Might it be an idea for me to write to the bank asking for this document before I write to Lowell's or should I also write to Lowell's saying I've received a court claim and that I will be responding as soon as I receive a notice of assignment from the bank? For all I know they could well have forged that document. It's the wording of it which makes me suspect it was not sent by the bank. Any thoughts, anyone? Thanks in advance
  3. Thanks all for your all advice. What would happen if I don't respond? I know that by default I would be considered a debtor to Lowell's. Does this mean the court would send bailiffs on their behalf? Or would they legally be allowed to send bailiffs? joes
  4. Thanks so much letsgetitsorted. Will follow the advice, hoping they don't have the requested documents. If I contacted the bank, would that then take me back to day one with regard to the statute of limitations? My last contact and payment to the bank was back in summer 2010. Thanks again.
  5. Not sure if this is relevant, but they've made an online claim. I know this from the court and solicitor fees charged. £60 and £70 respectively. How would they have submitted documents online to prove their case of a claim against me? Could it be possible they could have sent documents which would not be clearly identifiable if sent in electronic form? I've read elsewhere that this firm is known for producing documents, purporting to be from the original creditor, such as notice of assignment. Any thoughts? Anyone? Thanks.
  6. Thanks dx100uk The account number is 11 digits. It's sort code plus account number. What is a CCA? and a DN? Since my time is limited in sending a response to the court, would I fill in the form asking for more time. And on what basis would I be disputing the debt? I have no contract with a third party. Would that not be sufficient to dispute a claim? I have not entered into any agreement with them. Thanks joes
  7. Hi Rebel11, Thanks for such a quick response. In answer to your questions: The claimant is LOWELL PORTFOLIO I LTD RE: LOWELL FINANCIAL LIMITED REGISTERED OFFICE ELLINGTON HOUSE SAVANNAH WAY LEEDS LS10 1AB Date of issue was 11 JUNE 2014 Particulars of Claim THIS CLAIM IS FOR 900.00 THE AMOUNT DUE UNDER AN AGREEMENT BETWEEN THE ORIGINAL CREDITOR AND THE DEFENDANT TO PROVIDE FINANCE AND/OR SERVICES AND/OR GOODS. THIS DEBT WAS ASSIGNED TO/ PURCHASED BY Lowell Portfolio I Ltd ON XX/XX/2013 AND NOTICE SERVED PURSUANT TO THE LAW OF PROPERTY ACT 1925. PARTICULARS Re: HBOS PLC A/C No xxxxxxxxxxxxxxxxxxxxx AND THE CLAIMANT CLAIMS 900.00 THE CLAIMANT ALSO CLAIMS INTEREST PURSUANT TO S69 COUNTY COURT ACT 1984 FROM XX/XX/2013 TO DATE AT 8% PER ANNUM AMOUNTING TO 7 The above was all almost verbatim. It is signed by Bryan Carter, the claimants solicitor. If I remember correctly it is for a bank overdraft post 2007. The claim is issued by a Debt Collector and not the bank. I was not aware the account had been assigned. I am not aware of having received any such notice. Yes, I received default notice from original creditor six months after defaulting. I'm not sure but I think I have been receiving yearly default notices from the original creditor. Payments ceased due to lack of income resulting from injury at work, I'm currently battling near homelessness. It's all had a domino effect. There is no unresolved dispute with the original creditor. Unfortunately, I did enter into a debt management plan with the original creditor. I've answered the questions the best I could. Can I ask what a CCA1974 and a CPR 31.14 is? Can I ask what you think the prognosis of my situation is? Many thanks once again. joes
  8. Hi, I just got a county court claim form for the Claimant Lowell. I have never had any contact with them. They are collecting on behalf of HBOS. They have sent me letters in the past which I ignored as I have no contract with them. Can they legally do this? My contract was with Halifax, not Lowell. Please advise. Much appreciated. Joe
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