I am new here, any advice would be really appreciated as I have never been sued before. I don't know what to answer on the claim form. I do owe them some money, but I don't want to pay for items that are faulty as well. Plus I tried to explain to them that I could not pay but they ignored me and sued me anyway. I just don't know what to do.
Name of the Claimant ? Lowell Portfolio 1 Ltd
Date of issue – 24/03/21
Particulars of Claim
What is the claim for – the reason they have issued the claim?
1.The claim is for the sum of £1500 due by the Defendant under an agreement regulated by the Consumer Credit Act 1974 for a shop direct account with an account reference of XXXXXXX.
2. The Defendant failed to maintain contractual payments required by the agreement and a Default notice was served under s.87(1) of the Consumer Credit Act 1974 which has not been complied with.
3.The debt was legally assigned to the Claimant on 20/07/20 notice of which has been given to the Defendant.
The claim includes statutory interest under s69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £90.00.
The Claimant claims the sum of £1590.00
What is the total value of the claim? £1590
Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? They sent me a letter on 25th Jan headed Particulars of Claim. I emailed them back on 2nd Feb trying to talk about it with them, but they ignored it.
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? Online Catalogue
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...) ? 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. It has been assigned to Lowells
Were you aware the account had been assigned – did you receive a Notice of Assignment? no, but I have had letters from Lowell asking for money
Did you receive a Default Notice from the original creditor? yes
Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? no
Why did you cease payments? I did not have enough money to pay them. I lost my job and I now have several debts that I just can not afford to pay
What was the date of your last payment? December 2019
Was there a dispute with the original creditor that remains unresolved?
Yes, I mainly bought large items from them over a period of time. One of these items was a cooker (bought in September 2019). The cooker started to rust on the top hob part. It was clearly in a damaged state within a couple of months of buying it. Plus one of the items that I bought from them was a Henry Hoover (bought in July 2019), this stopped sucking up anything. I have checked the hoover for the filters and the bag etc and I can not see why it is not sucking at all. I called and asked to get these repaired or replaced and they refused to help me until I made payments which I could not afford to make. I have written to them explaining that I need to sort it out and that I would make payment as soon as I could but I needed to fix the items or they would be out of the return period and I would still be paying. I was ignored.
Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes, I wrote and emailed them to say that I had no money and that I was trying to organise myself. I had not just stopped making payments for no reason. I hope to sort my finances as soon as possible. I told them that I had sold my TV and laptop etc to pay my rent arrears and that I was still barely able to pay my current rent.