What is the claim for – the reason they have issued the claim?
1. The Claim comprises of the following agreements the defendant entered into:
Capital One (Europe) plc with reference xxxxx current balance of £563.03
Capital One (Europe) plc with reference xxxxx current balance of £328.20
EE Finance Plc with reference xxxxx current balance of £1998.59
2. The agreements were terminated as payments were not maintained and subsequently assigned to the claimant.
And the claims:
The total of the said sums being £2889.82
Interest pursuant to s69 County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue, but limited to one year, being "231.19
What is the total value of the claim?
Amounts Claimed £3121.01
Court Fee £205.00
Legal Representative Costs £80.00
Total Amount £3406.01
Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?
Received 30th September 2021
Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? yes
Did you inform the claimant of your change of address? no
Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?
2 x Credit Cards
1 x Mobile Phone Account
When did you enter into the original agreement before or after April 2007 ?
Not sure of exact dates but post 2007 and likely to be around 2017
Do you recall how you entered into the agreement...On line /In branch/By post ?
Credit Cards - Online Applications
Mobile Account - Online Application
Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?
Unable to see accounts for Capital One and EE with amounts listed in Claim
Several Lowell Accounts, although corresponding amounts do not match amounts specified in claim
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.
Claims not issued by original lender
Accounts assigned to lowell, and claims made by Overdales Solicitors
Were you aware the account had been assigned – did you receive a Notice of Assignment? Not able to remember - no documentation to refer to
Did you receive a Default Notice from the original creditor? Not able to remember - no documentation to refer to
Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? Not able to remember but do not believe so
Why did you cease payments? Affordability
What was the date of your last payment? Not sure, but likely to be late 2017
Was there a dispute with the original creditor that remains unresolved?
There were issues with EE in which they blacklisted a device that was over 6 months old and terms indicated ownership of device after this period, there was a threat to black list current devices if a large payment was not paid, due to these devices being with new users, approximately £1000 was paid to EE.
No disputed existed with capital one.
Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?
Extensive contact was made with EE to discuss ongoing difficulties in relation to mental health and financial difficulties. I had been diagnosed with ADHD not long before these issues started to occur, they gave the impression of being supportive but there was no material difference to the outcome. I did look at DMP and related solutions at the time, but due to the ADHD I was unable to focus and concentrate on getting these resolved.
I have yet to discuss repayment and do not intend to at this stage, further more I have not accepted ownership of these accounts yet as I have asked them for evidence of ownership in form of original agreements and statements.
The only thing that I have asked is to discuss avoiding this to go full through the court, but they have ignored this and told me to complete the court return documents.
Looking at the link around pre action protocol it, they have sent me a notice of claim issue, this is a one paged document with nothing else but details of what to do next.