Jump to content


BankFodder BankFodder

Ploppy McPhee

Registered Users

Change your profile picture
  • Content Count

  • Joined

  • Last visited

Community Reputation

1 Neutral

About Ploppy McPhee

  • Rank
    Basic Account Holder
  1. Yeah but im at a loss as to why else its gone quiet......almost 6 yrs? Oh well, i'll wait and see.
  2. Yes statute barred, apparently the debt dates to 2010, however to my knowledge ive never paid anything?? As for the claimform, that was submitted 30 days ago now.
  3. Well 28 days later and nothing heard. Called the court and they say i have another 5 days to wait until the case is stayed. Ive been sent the paperwork to have the case struck out although it will cost £50. Not sure what to next really, the original date of the claim is 2006.......im assuming that this means the 6 years is up anyway? cheers
  4. yes, I copied it from someone else on the forum in a bit of a panic before i had read enough to realise it is too short and submitted too early. Lesson learned! Is there a way to amend the defense??
  5. Thanks dx Ok ill do as you suggest, many thanks. The PoC ref number has 12 digits cheers Jim
  6. Thats great and really helpful...thank all! Ill register with both CRA's and also chase Carter's for a response. Who is it best to send the CCA to...Creation, Lowell or Carter? Im assuming Creation as they are the original debt holders?
  7. Hi guys Thanks for the speedy responses guys! dx: Never had a store card...ever. Anything else that it could be? I suppose this will hinder my CCA request as they are for separate types if debt? Name of the Claimant ? LOWELL PORTFOLIO I LTD Date of issue – . 03 NOV 2015 What is the claim for – THE CLAIMANTS CLAIM IS FOR THE SUM OF 300.43 BEING MONIES DUE FROM THE DEFENDANT TO THE CLAIMANT UNDER AN AGREEMENT REULATED BY THE CONSUMER CREDIT ACT 1974 BETWEEN THE DEFENDANT AND CREATION CONSUMER FINANCE UNDER ACCOUNT REFERENCE ************* AND ASSIGNED TO THE CLAIMANT ON 23/06/2010. NOTICE OF WHICH HAS BEEN GIVEN TO THE DEFENDANT. THE DEFENDANT FAILED TO MEET CONTRACTUAL REPAYMENT UNDER THE TERMS OF AGREEMENT AND A DEFAULT NOTICE HAS BEEN SERVED WHICH HAS NOT BEEN COMPLIED WITH. AND THE CLAIMANT CLAIMS 300.43 THE CLAIMANT ALSO CLAIMS STATUTORY INTEREST PURSUANT TO S.69 OF THE COUNT ACT 1984 AT A RATE OF 8% PER ANNUM FROM THE DATE OF THE AGREEMENT TO DATE BUT LIMITED TO A MAXIMUM OF ONE YEAR AND A MAXIMUM OF 1000 AMOUNTING TO 24.02 What is the value of the claim? 300.43 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? NO IDEA When did you enter into the original agreement before or after 2007? NO IDEA 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. 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? NO Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? NOT SURE..... Why did you cease payments? DONT RECOGNISE THE DEBT SO DO NOT KNOW What was the date of your last payment? NO IDEA Was there a dispute with the original creditor that remains unresolved? UNKNOWN Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? NO...NEVER DONE SO WITH ANY DEBT Defence: It is denied that the defendant owes any money to the claimant. The defendant does not recognise the goods/services and/or contract to which the claimant refers or the party Creation Consumer Finance which is referred to in the claim. Hope this helps??? Cheers Jim
  8. Hi all I received a Court claim form from Northhants business center courts on the 5th November (dated 3rd). The claim is for £300.43 from a company called Creation Finance and is being handled by Lowell via Brian Carter solicitors. I have absolutely no idea what the debt is for and have never even heard of Creation Finance. I have always kept up to date with any payments from past credit cards loans, phones etc. I have also had a good credit rating, having phones, sofa, car etc in the past and never an issue with repayment so I'm completely in the dark about why they have been chasing me for this. I have had a string of letters from Lowell which, along with letters from debt collection agencies for previous owners/occupants, i have ignored. I probably should have contacted them but i thought that may lead to some sort of admission on my part. I have filed acknowledgement and my defense which states i have no knowledge of the debt (8th November) and received a response from the court saying the claimant has 28 days to respond. thanks to this forum i sent a CPR 31.14 request for the info relating to the claim and received this wordy response............. We confirm the claim form was issued by the county court business centre and that courts protocol was followed when issuing the claimants particulars of claim. Practice direction 7c point 1.4 (3A) eliminates the requirement to attach the documents to the PoC when they are issued by this court. We confirm that this matter will most probably be be allocated to the small claims track as this is a simple contractual matter and part 31 of the civil procedure rules will therefore not apply In any event the notices of default and assignment left the control of the claimant when they were dispatched to you. I never received any documents, just letters asking to repay a debt to Creation Finance It is the original creditors policy to issue agreements at the start of the contract and statements throughout the duration of the agreemen t and, in this regard, we ask you to refer to your own records.As I have no idea what the debt is, how can i refer to records? We confirm our client is not agreeable to an extension for filling your defense What does this mean?.......................... Would someone advise what i should do next, it seems to me they are basically saying i should have the info already. I''m guessing they have as much idea about the claim details as i do but are saying they are not obligated to give it to me anyhow. Many thanks in advance for any help Cheers Jim
  • Create New...