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whooros

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  1. Name of the Claimant ? Lowell Portfolio I Ltd

     

    Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/01/2019

     

    Particulars of Claim

     

    What is the claim for – the reason they have issued the claim?

    1) The Defendant opened a Bank of Scotland ( Credit Card) regulated consumer credit account under reference xxxxxxxxxx on 08/06/2009 ('the Agreement')

    2) In breach of the Agreement, the Defendant failed to maintain the required payments and the Agreement was terminated.

    3) The Agreement was later assigned to the Claimant on 17/06/2015 and written notice given to the Defendant.

    4)Despite repeated requests for payment, the sum of £3,229.76 remains due and outstanding. And the Claimant claims

    a) The said sum of £3229,76

    b) The interest pursuant to s69 Count 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 £0.708, but limited to one year, being £258.38

    c)costs

     

    Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes

     

    Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes in January 2018

     

     

    Did you inform the claimant of your change of address? No

     

    What is the total value of the claim? £3753.14

     

    Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Yes, credit card

     

    When did you enter into the original agreement before or after April 2007 'Don't remember, may well have been 08/06/2009 as mentioned in the claim particulars

     

    Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes

     

    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. The debt purchaser issued the claim

     

    Were you aware the account had been assigned – did you receive a Notice of Assignment? I dont remember receiving one

     

    Did you receive a Default Notice from the original creditor? Don't remember

     

    Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year TBH as soon as I see Lowell on the letter head I tend not to read it -

     

    Why did you cease payments? Financial difficulties

     

    What was the date of your last payment? 04/12/2012

     

    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

     

     

    I'll be sending a CCA and a CPR31.14 request off tomorrow. I was planning a defence based upon SB but with the last payment being 04/12/2012 I don't think that will stick as the COA date doesn't seem to be the last payment date any longer?

     

    2012/13 was a really bad 12 months financially and personally and Lowell have been harassing me for every defaulted debt from this period for a long time. Lowell already have 3 CCJ's on my file, for 2 of them they placed a charge on my property. These were paid when I moved house at the start of 2018. I don't want a new CCJ and I hate the thought of having to pay these guys a single penny more.

     

    Any and all help gratefully received

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