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  1. I've recently decided to try and get my credit history back on track. I've requested my stat credit reports and notice that there is a CCJ on there from an old o2 account, which was obviously passed to Lowell and they have a default judgement against me. I didn't know anything about this and I wasn't even aware the mobile phone contract with o2 was a 'credit agreement'. I stopped being able to pay around March 2013, after my redundancy in 2012, when I just couldn't keep up the repayments. I let o2 know about this and offered to pay them a nominal amount but didn't hear anything back. The judgement was made in July 2014 and I moved address in July 2013 with 6 months address forwarding. The strange thing is I had a Barclaycard CCJ come in May 2014 but this one to the new address and I wrote to the court and have agreed a payment plan on it, so no idea why I didn't receive the o2/Lowell one. Interestingly the o2/Lowell CCJ is only recorded on my Equifax report, nowhere else. Is there anything I can do about this? Would I be able to get it set aside? Thanks for any help!
  2. I would just like a bit of clarification,lowell has bought accounts off several mail order companies and have placed defaults on these with the cra's. I would just like to know the difference beetween the account start date and default date as i suspect that these defaults have not been applied in the proper way Thanks
  3. Hi All, I've been a member here for a few years since the original debt caused me problems, but I cant remember my log in details. At the end of 2011 I had a Tmobile phone stolen and £340 rung up before I realized and reported it missing. During the phone call to discuss the bill with their complaints dept, I was offered a goodwill gesture of £170 *IF* I took out a new 18 month contract at a higher monthly rate than I had been paying. I asked for some time to think about it and took an email address (as at that point I wanted to get things in writing). After I had done some research, probably here, I discovered that I was liable so I emailed Tmobile to accept the offer. Tmobile emailed back saying they had withdrawn the offer as it was a "one time only telephone offer", so I would have to pay in full (I still have both emails) I thought "then" and cancelled the direct debit. A few months later Sigma Red started writing to me about the debt, and marked my credit file with a default against them not Tmobile. As I have a few debts in good standing , having this one default hasn't really caused me problems and I am happy not to pay Tmobile when they are acting as "fences", but I have been looking forward to having the default drop off my file for personal satisfaction reasons. So that's the history. I have just started to receive letters from these Lowell people saying that my account was "sold to them by Tmobile". firstly, should the "sigma Red" debt now show as paid on my file? Secondly, will Lowell enter a new debt? I understand I can make them remove it but still it will be a PITA. thirdly, as this debt is 18 months from being SB'd what are my options in dealing with Lowell? is there any realistic chance of a CCJ? Many thanks for your time.
  4. Hey, I haven't posted on here in a long time but I have just received a Claim Form from Lowell Solicitors on behalf of Provident. I used to work in litigation, but that was 7+ years ago (unqualified legal assistant), so whilst I am familiar with small claims and county court processes, I am a little rusty all the same, so I hope to get some information from people in the know... The date of issue is 31/01 I have filed AOS I am calculating the date for the defence to be by 04/03. I have made a CCA request to Lowell Plus I have made a CPR 31.14 request to Lowell Solicitors The part that I need help with if is... I don't really know how to defend my claim. Do I just hope that they cannot find the agreement, unable to provide a legible copy, or there is an issue with the contents etc? If I remember rightly then this loan dates back to 2010/11 - in which case it might be statue barred? I have made a payment to them in almost the same amount of time. I will need a copy of the agreement to see what date is on it. Is there anything else I should do or be aware of? I stopped paying because I was struggling with my mental health; I received a bi-polar diagnosis whilst battling other health issues - so I just lost all touch with reality for a while. Thanks in advance! M
  5. Name of the Claimant - Lowell Portfolio I LTD Date of issue – 17/01/2019 Date to acknowledge) = 04/02/17 Date to defence = by 4pm Friday 17/02/17 What is the claim for? 1) The Defendant entered into a consumer credit act 1974 regulated agreement with Provident personal Credit limited under account reference ********* ('the agreement'). 2) The Defendant failed to maintain the required payments and a default notice was served and not complied with. 3) The Agreement was later assigned to the Claimant on 26/06/2015 and notice given to the Defendant. 4) Despite repeated requests for payment, the sum of £2**.** remains due and outstanding And the Claimant claims a)the said sum of £2**.** b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of the assignment to the date of issue, accruing at a daily rate of £0.046, but limited to one year, being £16.92 C) Costs What is the value of the claim? £303.42 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Provident Doorstep loan When did you enter into the original agreement before or after 2007? After 2007 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? Unable to tell as she didn't keep letters sent to her, but probably. She recalls letters from Lowell last year but it could be from something else. She has also moved 4 times since this was taken out. Did you receive a Default Notice from the original creditor? Unable to tell as she didn't keep letters sent to her, but probably. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Unable to tell as she didn't keep letters sent to her, but probably. Why did you cease payments? Agent never turned up. What was the date of your last payment? She doesn't think she ever made a payment. Was there a dispute with the original creditor that remains unresolved? Does not turning up to collect count? Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No, when no-one turned up she just ignored the problem. Hi there, Looking for some help for a freind. She has had a claim form arrive this morning for an old Provident account from Lowell. She thinks it may relate to a doorstep arrangement where the agent never turned up to collect but there is no paperwork provided to prove the claim(i thought they had to provide evidence to make a claim). She thinks it dates back to 2009 so well out of the 6 years to chase (is that still a thing). It is also in her old name and the address is incorrect but it arrived anyway (postman is pretty good). She had quite a few debts and any letters that arrive in her old name that have debts info in it she RTS's them(I have told her not to do that again). So, what now? Do I - send a CCA Request to the claimant for a copy of your agreement Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form Fill in the return and Dispute the Claim? Or Just Acknowledge service while awaiting the two above responses? Do I have to tell the court I am doing so?
  6. Just trying to file defence for behalf of my otherhalf while away from UK on break. It is correctly timed by lowell to mis during the festive period. I dont know it might be last day to file it so need urgent responses please. it was issued on 22/11/2016 and i filed AOC I have already sent Lowell CCA and CPR request a week ago. I will try to attach PoC here otherwise i will type it Added POC PoC.pdf
  7. Hi All, I'm looking to get some advice on my next move as I can't seem to find the answer easily online and fed up of spending time on the phone to NCCBC and being on hold.... on the 03/10/2016 I received a Claim form dated 29/09/2016 from Lowell Solicitors claiming I owe Lowell Portfolio for an old Vanquis debt. AOS with defend in full duly filed 18/10/2016 12/10/2016 CCA letter sent to Lowell portfolio..... as of yet not response. 12/10/2016 CPA and CCA sent to Lowell Solicitors, Lowell confirmed receipt of request on 21/10/2016 Nothing heard from Lowell Portfolio or Lowell solicitors by 30/10/2016 a defence of no paperwork/CCA etc was filed on 30/10/2016 and received 31/10/2016 on the MCOL website. Now my question is what to do next as I have not received anything from NCCBC or Claimant in regards to allocation questionnaires etc etc and over 28 days have passed since filing my defence. Any help/advice would be greatly appreciated Thanks
  8. Good morning two months ago I got an e mail from scotcall saying that I owed 3 mobile £375 , I have been a customer of 3 for about ten yrs and to my knowledge I owe them nothing , I sent off my CCA request and my postal order and have not had a reply for six weeks , today I have received an e mail from scotcall Saying "in response to your request for a copy of the singed credit agreement , we have been advised by 3 they they are not available" how would I like to proceed, as I cant find a template letter in the library could someone perhaps give me a hand to word a reply, thnk,s
  9. Hi, I have an outstanding £6000 debt on a Halifax credit account which I've been paying £5 a month towards consistently for the last 5 years via standing order. Just before Christmas I received a letter from Hali stating that Lowell Financial are now the debt owners and that payments they receive from me for this debt will be forwarded to them (Lowell). I then received an introductory letter from Lowell saying pretty much the same and that they will continue to accept my current payment plan, unless I can afford more. They asked me to contact them via post, email or phone. I didn't feel the need to touch base with them as I've continued to make payments and I had nothing to say. I've recently received another letter asking me to get in touch, again saying they won't ask me to pay more but now asking me to pay them directly. On the back of the letter has their bank details so I could just amend my standing order to pay them instead of Hali (I've not done that yet). My questions are, should I write to them? Although I don't actually have anything to say, and should I pay them directly? Instead of waiting on Hali to forward my payments? Ultimately at some point in the future I would like to be in a position where I would be able to make them an offer in full settlement of the debt. At the moment that's not an option but something I plan on working towards. I hope I've covered all bases. Any advice would be greatly appreciated. Thanks x
  10. Apologies if this has been covered elsewhere but I am trying to get in a Defence on the Webiste before a deadline and can't spend too much time searching for a possibly similar case. In short this is my story; This entire "debt" was manufactured by the original lender*(Halifax) reneging on Payment Protection Insurance for the Credit Card when*I lost my job. I continued trying to pay the minimum monthly payment despite*being unemployed and unaware I could make a payment arrangement*which meant the interest just kept mounting up. I eventually was directed to Citizens Advice Bureau who assisted*me in making payment arrangement. I was subsequently advised by a friend that the debt was likely*not legally enforceable and I should request a copy of the* original agreement which I did and the lender was unable to do so* as such I*stopped paying anything. The Lender then kept sending the debt to a succession of*Collection Agencies (many just "fronts" for departments of the* Lender) who would harass me by letter and phone until I pointed*out the debt was unenforceable they would then "check with the*lender" and eventually leave me alone at which point the Lender*would engage another Agency and the pattern would begin again this*happened so often I began being contacted by some agencies for a*second time! Finally on 11th of May 2012 a letter and cheque for £103.45 (being*10% of the claimed outstanding amount) were sent to the Lender on*the stated condition this was an offer in full and final*settlement of the matter and encashment of the cheque would be*deemed acceptance of those terms. The cheque was cashed by the Lender on 28th May 2012. Since the cheque was cashed I have been telling Agencies the matter is settled and they have eventually left me a lone and then another one appears. However on 28th February 2013 the funds were refunded without any*notification or explanation. The latest agency Lowell have finally upped the ante and actually made good on threats to take me to court and I have received Claim Form from County Court Business Centre. When I pointed out the matter was settled Lowell stated the lender now claims that the money was deducted from the debt*but they didn't accept the terms and the balance is still*outstanding. However no such notification was received by myself. Furthermore the cheque sent was drawn on an account belonging to*my mother, no myself, for the sole purpose of settling the*debt as per the terms set out in the accompanying letter. If the*Lender was not willing to accept the terms then surely they had no entitlement*to the funds and have therefore cashed the cheque fraudulently!* Which potentially explains the covert refund nine months later! Any thoughts or advice would be appreciated as yet my defence on the Govt site is much as listed above.
  11. I have answered the below to the best of my knowledge : Name of the Claimant ? Lowell Portfolio I Ltd Date of issue 28/7/2016 What is the claim for – the reason they have issued the claim? Particulars of claim 1) THE DEFENDANT ENTERED INTO A CONSUMER CREDIT ACT 1974 REGULATED AGREEMENT WITH CAPITAL ONE UNDER ACCOUNT REFERENCE **** ('THE AGREEMENT'). 2) THE DEFENDANT FAILED TO MAINTAIN THE REQUIRED PAYMENTS AND A DEFAULT NOTICE WAS SERVED AND NOT COMPLIED WITH. 3) THE AGREEMENT WAS LATER ASSIGNED TO THE CLAIMANT ON 12/03/2015 AND NOTICE GIVEN TO THE DEFENDANT. 4) DESPITE REPEATED REQUESTS FOR PAYMENT, THE SUM OF £331.33 REMAINS DUE AND OUTSTANDING. AND THE CLAIMANT CLAIMS a) THE SAID SUM OF £331.33 b) INTEREST PURSUANT TO s69 COUNTY 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 £0.073, BUT LIMITED TO ONE YEAR, BEING £0.00 c) COSTS What is the value of the claim? 442.84 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? credit card When did you enter into the original agreement before or after 2007? AFTER 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. Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? yes Did you receive a Default Notice from the original creditor? yes PROBABLY Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? not sure BUT prob yes Why did you cease payments? lost job and little money What was the date of your last payment? prob in 2014 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 managementicon plan? no Hi All, Filed to defend all. My acknowledgment of service was submitted on 03/08/2016 at 19:48:00 My acknowledgment of service was received on 04/08/2016 at 08:02:24 I have prepared my CCA request to send tomorrow but not sure about the CPR 31.14. Can someone help me with time-frames please & what to expect now?
  12. Dear CAG members During early 2015 Lowell were chasing me for an old debt and I pointed out by post that I now lived near Spain - but I still own my house in the UK where they were sending mail to. This carried on and I rang them and told them to stop harassing my tenants. This still carried on until a CC Claim came through - which was forwarded to me, correctly or not if I had not of responded I would of received a default CCJ - so I responded with my defence as Out Of Jurisdiction - I am not even living in an EU member state. It went to mediation and I was explained that they didn't believe that I lived abroad as there was "active" credit at my UK address in my name. Yes of course there is as I have 15 years left on my mortgage, and my mobile phone contract renewed there in August 2015 as my UK contract has FREE calls abroad, here I cannot get a Foreign mobile with free UK calls. The Court has just sent a letter on 6th jan to my UK address and I was sent it and received it yesterday abroad, giving me only until 14th jan to justify my defence as the court believe that "it has been served at my last known address and therefore can see nothing wrong with service". If I don't respond they are going to strike out my defence. The Court was notified on the AQ that I was not back in the country until JUNE. I'm back in the UK today for 3 days, but that's not the point, surely the Court has firstly missed the point that I am NOT in the country let alone able to respond to their letter in 6 days? Also as I informed the Claimant of my foreign address they are being vexatious in continuing to serve at my UK address knowing that I could not reply and would therefore be liable to a default judgement? Its only by chance that I have a family member renting my house so I really get the mail by default. I can probably just get this done and include a utility bill etc from my address abroad, I'm not even on the electoral roll for gods sake and have paid my last tax to HMRC for year ending April 2016. Its a case of damned if I didn't reply and damned if I did !! But why should I be doing this??? By my understanding I cant even put in a counter claim as I am OUT OF JURISTICTION ! And any help what to put would be grateful.
  13. On behalf of a friend who only received this letter a few days ago I checked out the information at the court and apparently it already happened. Court states claim issued on 8th Dec 2015. This letter below dated 5th Jan 2016, received Monday 11th Jan. "Notice of pending CCJ" Our client: Lowell Portfolio Ltd - Account # xxxx Court name : Northampton Claim number : xxxx Amount due £1800.00 "You are aware that we have issued legal proceedings against you in the Northampton County Court." No letter or other communication received. "As you have failed to respond with proposals for payment or provide any valid explanation why the deb should not be paid, we are now instructed to enter judgment against you." No possible way to respond. "In order to provent judgement being entered you should make payment of £1800.00 within the next 7 days" Which 7 days? looks like its already passed? What advice can be given? Thank you.
  14. Firstly I have been reading through your site and must congratulate you on a wonderful service and website. If only I had put my thinking cap on earlier and paid more attention! This is a big one and I have followed your advice so far... here go's.... I had loads of debt in 2006 when my company went into a CVA, I have kept a lot of the information and letter replies including an experian report dated may 09. I had numerous debts up to about 100k, with a remortgage I paid around half and tried and have succeeded in removing another 25k to date. Lowell then wrote to me saying I had a debt of £16k with barclaycard, I am being honest in this forum to hopefully get the best advice I did have a barclays select account which was owed around 15K and one small barclaycard for around 1k , I also had two MBNA cards, 2 Capital One's, blah blah you hopefully get the picture I did speak to them and said that I thought they had it wrong and that they were chasing the barclays select account which I had paid off with my remortgage, in-fact most cards were cleared at this time, they were however also chasing a small debt for capital one £678.00 of which I didn't clear - naughty I know Every three days or so I had a call and gave them the same response, asking for original proof, the last payment to barclaycard that I can find on any statement is in Dec 04 - I believe this is for a barclaycard which i'm sure didn't have a big limit. Lowell's keep moving the debt between all their companies - Red, Lowell's, Hampton's etc for about a year. I gave them the same response and they say they will put the account on hold and look into things - they then move it to another collector in their group. Good news I hear nothing for a year or two then in 2009 they are back in contact and a little more upset. Again I tell them the story, they have tried to catch me a couple of times as I have this other account with them, which also floats between all their companies. In may 09 I decided to get a credit report via Experian to try and clarify things, I have kept this report as well, I notice Lowell's have their £678 debt listed but the Barclays listings are as follows: Barclays Bank Default Barclays Bank PLC Woolwich Account - Bank Default Balance - £14,964 Current - Satisfied Defaulted on - 16/05/07 Barclays Bank Default Barclays Bank PLC Woolwich Account - Bank Default Balance - £2,530 Current - £1,437 Defaulted on - 13/02/07 Barclays Bank Default Barclays Bank PLC Woolwich Account - current Default Balance - £2,890 Current - Settled Defaulted on - 27/06/07 Barclaycard Credit Card - Satisfactory £0 10//05/09 Entry number C15 Barclaycard Account - Credit Card / Store Card Started 23/01/1997 Current Balance - £0 Credit Limit - £1 Credit Limit History - £1,000 (12/08; File updated for the period to; 10/05 2009 Summary of payment history - in the last 36 months account activity 1-2 is 0 - 3+ is 0 Balance £0 £0 £0 £0 etc etc Payment Account as above Payment statement as above Cash Advance 0000000 Payment code .. .. .. .. etc Promotional Rate n n n n n etc I wont bore you with the other bits I sent a letter to the effect as above saying what did I owe, I then heard nothing I got two different reports yesterday including Equifax - This stills shows the £678 opps, it now shows that I have cleared a lot of my debts and more importantly the Barclays accounts are all still on there apart from the Barclaycard that they are chasing?? I had thought this had gone away, no excuses now but again into huge problems again with the business, some massive legal actiion against close finance (bless them) which I lost for the tune of £35k Ready for the huge mistake... I didn't like the letters from Lowell's so I left them to last to pay up, I had a recent telephone call about the £678 amount which I did really owe and agreed £10 a month, I finally got fed up with them insisting on raising the amount so only paid a few payments. Started having letters again about Barclaycard, I was advised to just ignore it, which I did, then had some really nasty letters from Hampton's a few months ago threatening to send people to the house and bankruptcy, insolvency, and the latest saying they know we have equity in the house, therefore they will get judgement and charging order and sell the house to get paid in full - also send we should contact the local housing association to discuss alternative housing - this really panicked the wife as we have children, one on disability. It seems I accidentally paid a few payments on this Barclays account as they moved the other one elsewhere ((((( - we're talking about 50.00 paid and I did ring them after cancelling saying that they had put payments to the wrong account - which was 50% my fault for not checking their account codes. I could have easily walked away from my debts but have worked hard to clear them ( if owed ), having cleared 75% and gone through a company CVA many of our files which were kept at work have vanished, I do have around 75 letters from all companies and a few that I wrote to them. Having looked at your site and the OFT report it seems they have broken nearly every code in the collection guide! They have started legal action and I told them by phone that I was recording the conversation and that I disputed the debt, and always have, I reminded them that the payments were incorrectly put against the wrong account, I also asked for the following : A true copy of the assignment* A true copy of the default notice* A true copy of the termination notice* I have got a claim form from the Northampton CCBC court and have today sent a AOS and sent online, here is the claim they are making: The defendant entered into an agreement with the assignor, regulated by the consumer credit act 1974. The defendant failed to comply with the terms and the agreement was terminated in accordance with the statutory notice of default. The benefits of the agreement were assigned to the claimant. Debt assigned on 21/05/08 by Barclaycard. The Claimant claims: 1. 16841.62 2. Statutory interest pursuant to section 69 of the county courts act ( 1984 ) at the rate of 8% per annum from 21/05/08 to 20/10/11 4595.69 and thereafter at a daily rate of 3.69 to date of the judgement or sooner payment. Agreement xxxxx ; 21/05/08 ( my agreement with them? ) Claimed £21,437.31 Court Fees £310.00 TOTAL £21747.31 I did have debts, A lot! Due to our paperwork and no help from barclays or lowell's, I have no idea if this is right, honestly if I thought I did have the debt then I would go after them for harassment, I really don't remember, I did have a Barclaycard and did pay it off, If I can remember rightly.... also the credit file makes sense listing it as paid and a limit of £1000. Really sorry to hit the CAG with such a biggy on my first post, will send some pennies and hugs and even a happy bonus if you can finally help me out of this nightmare I hope all is included... The deadline for the AOS was today and this has been done, so I have 14 days but want to jump sooner rather then later (jump onto getting this sorted out, not cliff Dave
  15. Name of the Claimant ? LOWELL PORTFOLIO LTD Date of issue –. 13/12/2016 Date to acknowledge) = - 31/12/2016 Date to file defence = by 4pm fri 13/1/2017 What is the claim for – 1. - THE CLAIMANTS CLAIM IS FOR THE SUM OF £432 BEING MONIES DUE FROM THE DEFENDANCT TO THE CLAIMANT UNDER A STORE CARDS, CREDIT CARDS AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974 BETWEEN THE DEFENDANT AND VANQUIS BANK PLC UNDER ACCOUNT REFERENCE ********* AND ASSIGNED TO THE CLAIMANT ON 26/01/2016 NOTICE OF WHICH HAS BEEN GIVEN TO THE DEFENDANT. 2.THE DEFENDANT FAILED TO MAINTAIN THE CONTRATUAL PAYMENT UNDER THE TERMS OF THE AGREEMENT AND A DEFAULT NOTICE HAS BEEN SERVED AND NOT COMPLIED WITH. 3.THE CLAIM ALSO INCLUDES STATUTORY INTEREST PURUANT TO SECTION 69 OF THE COUNTY COURTS ACT 1984 AT A RATE OF 8.00% PER ANNUM (A DAILY RATE OF £0.09P FROM THE DATE OF ASSIGNMENT OF THE AGREEMENT TO 10/12/2016 BEING AN AMOUNT OF £28.80 What is the value of the claim? - £546 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? - CREDIT CARD When did you enter into the original agreement before or after 2007? - AFTER 2007 BUT CANNOT RECALL EXACT DATE 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. - PRA Were you aware the account had been assigned – did you receive a Notice of Assignment? - NOT SURE Did you receive a Default Notice from the original creditor? - NOT SURE Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? - NOT SURE Why did you cease payments? - A COUPLE OF YEARS AGO What was the date of your last payment? - DO NOT KNOW EXACT 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 managementicon plan? - YES WAS IN A PLAN THAT LASTED A YEAR BUT WAS THEN TOLD I WASNT PAYING ENOUGH BUT COULDNT AFFORD MORE .............. Hi Guys, Today I received a claim form from the county court. The claimant is Lowell and its for an old credit card with Vanquis bank Please help on what to do. p.s i believe that Vanquis bank was not being a responsible lender at the time of application I have just read another post asking for information so here is my responses in capitals... then copy this first msg to your thread - and put your answer after each question In order for us to help you we require the following information:-
  16. Hello, I just received a letter this morning from County court Business centre, which states that I owe Lowell £289.78 including court fees, ect... I do not understand why I need to pay these fees because I've never held a account which states to be on the letter with Shop Direct. I remember buying a TV from Very.co.uk, but I had paid the full amount, and thought it was done and dealt with. And now I receive this please guys could you help me? Really frustrated with this, and do not understand any of these nonsense. If there is any details I've missed out, or you would like to aid/help me in this, please post, so I can know, and bare with me in advance. Thank you guys. ^.^
  17. Hi, I sent a CCA request a week or so ago- received what seems to be a common reply today stating they'd complied with the request and they've supplied nothing more than a copy of their current t&c's. No signatures, dates, endorsements etc. The card's quite old, so I'm sure the £12 on the current t&c's is incorrect. Suspect they're trying to fob me off. Where too next- a dispute letter? Thanks
  18. Hi, and thank you in advance for any help and guidance on this matter. I requested a cca from Lowell regarding a debt of £9000 (which consists of mainly interest charges) from very catalogue. They eventually returned an in signed agreement that has discrepancies on. There appears to be 2 different dates they state the account was opened, one is 07/12/2008 and an alleged credit agreement with an electronic tick for my signature dated 29/06/2011 The total debt is for £9,000.38 Of which £6,434.63 is made up of interest. I am wondering what my next step is, do I contact shop direct about discrepancies or Lowell ( who are demanding full payment or they are sending the debt to the collections department). I have a neurological disorder which hinders my thinking process and mobility and I have been classed as disabled because of it. I find the constant texting and phone calls disturbing ( I had written asking for all correspondence to be delt with by way of letter when I asked for the cca as my speak is slurred ) As I am unable to work due to my disability the funds would not be available to pay the disputed debt. Would I need to request a sar at all? They have placed the debt onto my credit score now as being in default. Sorry for the long post (trust me this has taken far longer to type than it has for you to read it Once again thank you in advance for any advice given
  19. After a bit of guidance... Mrs S has an old Shop Direct account long since defaulted. Lowell have had it since 2010 and issued a claim a couple of months ago. Account was opened well before 2007 Did the usual CPR and CCA and nothing received. Defence filed, mediation offered and advised that we could not mediate as the Claimant had failed to supply paperwork - no agreement, no statement, DN, assignment etc. Mediator has advised that this cannot proceed and the claim will go back to the Court for directions and hearing date. We have now received a statement of sorts plus copy of assignment letter. Questions are:- 1. Statement shows that the last payment was six years and two months prior to the claim being issued. Nothing since whatsoever. Would this seem to be sufficient to amend the defence to a SB with any degree of confidence? The account was not officially defaulted until about six months after the last payment 2. Is the lack of a CCA still fatal to their case - even with a catalogue account? I seem to recall that catalogue account claims are less reliant on a CCA being produced 3. Likewise the lack of a DN? A more minor point, but still relevant to the defence 4. At what point should we amend the defence - never got this far with a claim before and not certain of the procedure 5. Would it be wise to contact the claimant and point out the weakness of their case and invite them to discontinue? Or let the claim run it's course? Mrs S would be most unlikely to be able to attend court if it got that far For the record:- What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down. The Claimant's Claim is for the sum of £****.** being monies due from the Defendant under a Home Shopping agreement regulated by CCA 1974 between the Defendant and Shop Direct and assigned to the Claimant on **/**/** notice of which has been given to the Defendant. The Defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with. The claim also includes statutory interest pursuant to S.69 County Courts Act at a rate of 8% pa etc What is the value of the claim? £2000 ish Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Catalogue When did you enter into the original agreement before or after 2007? Before 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. Debt Purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes Did you receive a Default Notice from the original creditor? Uncertain, possibly not Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No - just begging letters Why did you cease payments? Change in circumstances What was the date of your last payment? early 2010 Was there a dispute with the original creditor that remains unresolved? Not aware of any dispute being raised Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No Thanks
  20. Name of the Claimant ? Lowell Portfolio 1 LTD Date of issue – 21 JULY 2016 Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = TUE 9 AUG + 14 days to submit defence = XX (33 days in total) - = Tuesdat 23 AUGUST 2016 What is the claim for – the reason they have issued the claim? 1) The Defendant entered into a CC ACT 1974 regulated agreement with Vanquis under account ref xxxxxxxxx ('The Agreement') 2)The Defendant failed to maintain the required payments and a default notice was served but not complied with. 3)The Agreement was later assigned to the Claimant on 30/08/2011 and notice was given to the defendant. 4)Despite repeated requests for payment, the sum of £950 remains due and outstanding. And the Claimant claims: a) The said sum of £950 b) Interest persuant to the s69 CC 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 £0.21 but limited to 1 year being £77 c) Costs What is the value of the claim? 1027 + 70 court + 80 Solicitor = 1177 Is the claim for a current account (Overdraft) or credit card/loan account or mobile phone account? Credit When did you enter into the original agreement before or after 2007? After 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. Debt Purchaser 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 receipt of Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? Financial issues What was the date of your last payment? Unknown, approx 2009 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 mgnt plan? No
  21. I received a CCJ claim form on behalf of Lowell's yesterday. Could someone please help with how to proceed? I have registered with MCOL after reading some other threads. I will fill in the questionnaire and post asap Thanks in advance.
  22. Hi All, I have received a claim form for an old shop direct account, did think this was was taken care of, so I am questioning legitimacy of legal ownership and right of assignment along with the claimed amount. Details are: Name of the Claimant ? Lowell Portfolio I Limited (the I could be a 1?) Date of issue – 13th October 2016 Date of defence issue - 4pm Monday 14th November 2016 What is the claim for – 1.The claim is for the sum of £4XX.XX due by the defendant under a non-regulated shop direct account with an account reference of XXXXXXXX The defendant failed to maintain contractual payments required under the terms of the account agreement. The debt was legally assigned to the claimant on XX/XX/2011, notice of which has been given to the defendant. 2.The claim includes statutory interest under S.69 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 £3X.XX The claimant claims the sum of £5XX.XX What is the value of the claim? £515 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Catalogue When did you enter into the original agreement before or after 2007? - After 2007 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? I dont recall receiving one, Im fairly certain I didnt. Did you receive a Default Notice from the original creditor? Maybe, but I dont recall Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not that I recall Why did you cease payments? Lost my job. What was the date of your last payment? I dont know this and have no Bank accounts going back that far. Was there a dispute with the original creditor that remains unresolved? I dont recall, I thought this had been cleared. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? No. I intend to defend the claim and will register acknowledgement of service this evening , I will prepare CCA and CPR and send tomorrow. Any other advice? Thanks
  23. Have a £768.23 debt originally from Cap One credit card. Stopped paying when I lost my job. This has been sold to Lowells who have been sending me the usual threatening letters, indispersed with discount offers for a few months now. They have now sent a 'Pre-legal Assessment' letter which informs me that they know I am working, a home owner, and service other debts. They also state that they are willing to accept whatever amount I suggest for a 'repayment plan' but would go down the Court route if they do not hear from me. Advice on how best to proceed would be great as am about to be made redundant in March. Thank you.
  24. Firstly I would like to apologise if this information is already somewhere and I've missed it! I currently have the following defaults (shown on my credit report): - Lowell: £733 (Date of default 02/01/2013) - Lowell: £660 (Date of default: 28/02/2013) - 1st Credit (Finance) Limited: £ 904 (Date of default: 16/07/2013) I remember receiving a lot of discount letters in the past which I simply threw away, now however, I want to address the issue and finally get my credit score back into shape by settling them all. At the moment, I'm seeing a ton of different routes like stepchange, requesting CCAs etc - I'm just not sure where to begin and would really appreciate some guidance.
  25. I noticed your problem with Lowell we have a similar problem which can out of the blue approx 3 weeks ago. We received a letter from Lowell out of the blue saying we owed an amount regarding a outstanding balance on some car insurance we cancelled over 4 years ago. We have never had a letter asking for payment from the insurance company concerned. After finally tracking it down the Insurance said the amount is outstanding but not to them but to creation finance but to get a letter after 4 1/2 years seems strange to them. My husband rang Lowell asking for more information and the guy was not very helpful just said are you paying the amount today. My husband replied no not till I find out what it is in connection with as I dont know if the amount is outstanding. Can Lowell take this claim any further or are we ok to ignore them. we have never received a letter from Creation asking for the amount. The letter also came to our new address not the old one where the policy was connected with. Any advise is welcome
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