i have received a letter through the door indicating i am about to be issued with a stat demand on behalf of a company called P&A receivables plc. it reads 'i have been directed to serve you with a statutory demand issued under the insolvency act 1986 on behalf of the creditor. unfortunately on the letter it does not give any further details. all they say is they will be returning on a date and a time to either issue the demand or post it through the letter box!!! what should i do???

Hi This is my first post, so hopefully I am doing this right. In January 2012 I took out a mobile phone contract with Orange. The monthly bill was £10.50 per month, paid every month by direct debit and no missed payments. The Contract was for 24 months. Due to a fall in income, I decided to ask Orange for a mobile dongle and end my contract for home internet with Sky Digital. This was fine and no problems with Sky. Because the dongle was really good, I decided to ask Orange to install home broadband for me. They agreed and this was set up on June 16 2012. However, the internet did not work, so I rang them and they sent an engineer. He spent a long time messing about with it, assuring me that it was fixed and would be working within 2 hours. This never happened I rang Orange again to cancel my home broadband service, explaining that it would not work. They tested the line and said nothing was wrong with the line, but I had not internet. Eventually, after been passed to several different people, it was agreed to cancel my internet. Cancellation according to the contract was to be done prior to the internet being set up. However, as they did not set it up propertly and it did not work, it was agreed that I would not have to pay any cancellation charges and I cancelled my direct debit. I contacted Sky to take over my internet from Orange, explaining that the internet had never worked. Sky had no problem setting up within a couple of days, explaining to me that they still had the line (further proof that Orange could not possibly have supplied me with home broadband services as Sky still had the line, albeit suspended). I telephoned to pay my normal mobile phone bill, shocked to find out that I had a huge amount to pay, this was for installation of my broadband that I didn't recieve and cancellation charges that I was told I would not have to pay since I never received the service. I asked if I could pay my mobile phone, but they had bunched all the accounts together and so would not accept the payment on its own. Obviously, I did not pay as I did not owe that amount. I was told by the customer advisor they would rebill me. In the meantime the suspended my mobile phone access due to there being this balance for my internet on the account. I rang to complain, pointing out once again that I never received the services for my broadband , the engineer had failed to install it and therefore I did not owe them any money other than my mobile phone charges that there was not dispute about. They promised to look into it and agreed that I should not be pay for internet I never received. I have the direct debit on my statement in July 2016 that I paid to Sky for my services, again showing that Sky had been able to set up my internet immediately because they still had the line and that Orange never had my telephone line and so could not have supplied me with internet services. At the end of August I received a demand for payment of my account, for the internet sevices not received, my mobile phone payments (now in arrears because they would not accept payment for this alone). I rang again, complaining about the bill, they said they would look into it and I again asked if I could pay my mobile phone contract, but they said they needed the full amount on the account and couldn't seperate them out. The following month, I recieved a letter stating that my mobile phone account had been cancelled by them for non-payment and that I now owed £322 (I can't remember the exact figure). I couldn't be bothered to ring them any more, as they had made frequent promises to sort this out and hadn't and they not my had cancelled my phone contract as a result of the business with the internet. I never heard anything else from them. I have moved around a lot in the past five years due to my ex partner. On the 9th October 2015, I received a County Court Claim which I am defending. I sent back the Acknowledgement of Service Form online to them. I now have until the 9th November to send my defence. I am sure I have a good chance of winning this. I am going to deny all of the particulars of the claim as I don't agree with this. I have no idea what it is they are referring to. I rang Cohen Cramer Solictors for information, they just said it 'has to do with a mobile phone account'. So I am left second guessing. I never received any default notices (although they could have been sent to a previous address) . I never received any notice of intended court action by Lowell, they insist they sent it, but I did not get it! I don't want to mess up my defence, I want Lowell to prove the claim and believe I should have sent them a CPR31.14 form, however, I only found out about this today and I don't think there is time to send this now and place my defence with the court by 9th November deadline. I know for sure that Lowell will not let me extend the time to submit my defence, they are awkward. My main questions at this point is: 1. Can I file my defence form and send the CPR31.14 to Lowell anyway or do I have to had a response from Lowell re the requests made in the form before filing my defence. 2. Could I file my defence anyway (I need a bit of help with this) and then ask Lowell for the evidence and produce this in court. 3. Am I too late with the CPR31.14 form. I am going to the CAB on Monday to ask them to help me put my defence forward. But, I want to put the onus on Lowell to supply evidence, which will include a copy of the contract with Orange, all default notices sent to date, and transcripts of telephone conversations between myself and Orange which will prove my case. Lowell said they sent me notification that the debt had been legally assigned to them on the 27/08/2014. I never received such notification. I am going to deny this and ask for proof of where it was sent to. I would be very grateful to anyone who can help me with this. I have a heart problem and this has exarcerbated it and slowed things down. Many thanks in advance.

Hi I have received a claim form and intend to fight it but I am unsure what I need to send as I understand mobiles are not regulated under the CCA? Any advice? Thanks

Hi ,i need help, i'm 23,carer,and live on 60 income support, i've had a court letter today for an orange contract i took out when i was at college in 2010. what happened was the phone broke 3months roughly before my contract was due to end, i had no insurance as i was living on 30 ema a week, i phoned they said nothing they could do so i just stopped paying the last 3months. I thought it wouldn't be a big deal as i'd paid every payment before that for over a year never missed. please walk me through what to do ,it says i have to go on moneyclaim.gov to respond, i thought i'd get your advice because you all seem to know what you're on about. Lowells want total 237.69, which seems extreme and i cannot afford. I did receive letters before reguarding my bill but i just ignored, because it was only for last months and i thought they would give up. Shall i offer a minimum monthly payment out my benefit? thanks for listening.

Hi All I am a first time user here please accept my apolgies for any mistakes I make! I have received a County Court Claim form from Bryan carter solictors acting on behalf of Lowell Portfolio the original debt was with welcome finance 9 years ago. I fell into financial difficulty due to divorce and was unable to pay the loan to Welcome, the last payment I made to Welcome finance was 22nd May 2009 ( although I need to clarify this payment with my bank) and the Issue date of the paperwork was the 22nd May 2015. I have never acknowledged the debt to Lowell or Brian Carter solicitors or made any payment to either of them, I also received a letter from Frederickson International as well (9th April 2015) also stating that was acting on behalf of Lowell Financial Ltd again I did not respond. I have answered the claim form stating I would like to defend the case and was looking for some advice on how to do so. I have followed some advice on here and sent a CPR 31.14 request along with a £1 postal order along with a letter asking for a full breakdown of my account. I also sent another letter requesting copies of the default notice, assignment and Formal demand. I received a reply from Bryan Carter ( attached) stating that its a simple contractual matter and part 31 of the civil procedure rules will not apply and in any event the notices of default and assignment left the control of the claimant when they were dispatched to me, they also state it is the original creditors policy to issue agreements at the start of the contract and statements throughout the agreement and in this regard we ask you to refer to my own records. I have not yet received a copies of the following: A copy of the agreement A copy of the original assignment form and any consideration paid a copy of any formal demands or default notices I have received a breakdown of costs allegedly from Welcome finance which includes £734.25 worth of charges and fees ( Total debt £3953.67 ) The Claim form states a total claimed of £4534.98 as they have added the court costs and solicitors fees twice by mistake! I am just waiting for a court date what if anything can I do in the meantime, my credit file is now decent for the first time in 6 years! Many many thanks in advance!

Hi there, newbie here! I would be so grateful if I could get some advice and help on this. I've been reading so much on this awesome forum that my head is starting to spin. There's definitely loads to get through. Without further ado, I received a claim form with issue date 12 May 2015. Solicitors are Bryan Carter and claimant is Lowell. It's for a capital one credit card I took out pre 2006. To my knowledge, this debt is statute barred as I have not communicated with Lowell in recent times. I did find a letter that I drafted to Lowell some time in 2010; however, I am not sure I sent it to them as I have no trace of making any payments to them. Name of the Claimant ? Lowell portfolio Date of issue – 12th May 2015. I have calculated my timeline as thus - Issue date - 12/05/2015 + 5 days of service - 16/05/15 + 14 days to ack - 30/05/15 + 14 days to submit defence - 13/05/15. Hope I'm right. - 4pm Friday 12th june-dx What is the claim for – The Claimants claim is for the Sum of £848.03 being monies due from the defendant to the claimant under an agreement regulated by the consumer credit Act 1974 between the defendant and Capital One under account reference XXXXX and assigned to the claimant on 15/09/2006, notice of which has been given to the defendant. The defendant failed to maintain the contractual repayment under the terms of the agreement and a default notice has been served which has not been complied with. And the claimant claims £848.03 The claimant also includes statutory interest pursuant to S.69 of the county acts 1984 at a rate of 8.00% per annum from the date of assignment of the agreement to date but not limited to a maximum of one year and a maximum of 1000 amounting to £67.85 What is the value of the claim? £915.88 + £60 Court Fee and £70 Sol's costs 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? 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. lowells Were you aware the account had been assigned – did you receive a Notice of Assignment? I think so but it was a long time ago Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? not sure, not in the last 4 to 5 years definitely Why did you cease payments? Lost my job and could not keep up with payments What was the date of your last payment? Not sure at all, definitely pre 2010 but I no longer have access to the bank account I was using pre 2010 Was there a dispute with the original creditor that remains unresolved? No I am looking to acknowledge via MCOL before the week runs out and I have prepared my statute barred defence as thus: 1 The Claimant's claim was issued on 12/05/2015 2 The Claimant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant. 3 The Claimant's claim to be entitled to payment of £915.88 or any other sum, or relief of any kind is denied. Is this ok? Do I need to send both CCA and CPR 31.14 requests to Bryan Carter or will the CPR 31.14 request alone suffice? Thanks so much in advance!

Hi all, this is the first time I have have posted on here and really could do with some advice. I have received a claim form from the Northampton CCBC on 26th September and as of yet have not been online to, acknowledge this but I intend to defend in full as I have no recollection of this debt. Name of claimant: Lowell Portfolio I Ltd Date of issue: 24th September 2015 What is the claim for: The claim is for £180.63, the amount due under an agreement between the original creditor and the defendant to provide finance and / or services and / or goods. The debt was assigned to / purchased by Lowell Portfolio I Ltd, on 31/03/2014 and notice served pursuant to the law of property act 1925. Particulars RE- JD Williams A/C No Pxxxxx98 And the claimant claims £180.63 The claimant also claims statutory interest pursuant to S.69 of the county courticon act 1984 at a rate of 8% per annum from the date of assignment of the agreement to date but limited to a maximum of one year and a maximum of £1000 amounting to £14.45 Value of the claim: £195.08 + court fee £25 + solicitor's costs £50 total: £270.08 Original account started: Unknown Lowell has issued proceedings. Firstly I was unaware of any debt with JD Williams, so have no idea of when this supposedly began. Secondly I have no knowledge of it having been assigned to Lowell and didn't receive notice of this. I can not remember receiving a default notice, although I have moved 4 times in the last 5 years. I have never received a statutory notice headed “Notice of Default sums” since the date of the default to my knowledge. There was no dispute with the original creditor. Having read some threads on here is the next step to send a CCA Request letter to Lowell and a CPR request letter to Bryan Carter? am unsure of what the wording for the CPR should be though. Also I know that I need to go online and acknowledge receipt of the claim form and register my intent to defend. This is all very new to me as I have never been in this position before. Any help/advice on this would be greatly appreciated. Many thanks in advance.

Date of claim: 27 May 2015 What is the claim for – Claimants claim is for sum of 51xx being monies due from the defendant to the claimant under an agreement regulated by the Consumer Credit Act 1974 between the defendant and Coop under account ref xxxx/xxxxxx and assigned to the claimant on 08/01/2013 notice of which has been given to the defendant. The defendant failed to make contractual repayment under the terms of the agreement and a default notice has been issued which has not been complied with. What is the value of the claim? £6k + Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Loan account When did you enter into the original agreement before or after 2007? Before 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. Debt purchaser (via solicitor) Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes, don't remember receiving NOA but would assume this has been sent Did you receive a Default Notice from the original creditor? Yes, dated 28 April 2009 Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not that I am aware of Why did you cease payments? Advised by Citizens advice, made an offer to pay non priority debts in Dec 2007 the offer was rejected by original claimant and no further payments made as I had priority debts to pay What was the date of your last payment? Some time before Dec 2007 (at least 6 months before) Was there a dispute with the original creditor that remains unresolved? As above really, the account had gone into arrears and despite making offers to pay it was rejected Did you communicate any financial problems to the original credito r and make any attempt to enter into a debt management plan? Yes, via CAB in Dec 2007 Acknowledgement of service was submitted on 02/06/2015 and I will send CPR 31.14 request today (see my next post below) I wrote to Claimant on 16 April 2015 as letter arrived out of the blue using statute barred template, they responded on 24 April. 'Our clients position is that the limitation period runs from the date original creditor became entitled to demand payment. The account fell into default on 03 July 2009, therefore it is not statute barred and remains payable' I have (as above) default notice issued via original creditor dated 28 April 2009 (with a date of 12 May 2009 arrears to be cleared) this letter makes mention of 'termination' which I would understand would be from 12 May 2009 but may this not be the case. Is it the claimants argument that the date they mention above would be default notice + say 28/30 days then termination date plus 28/30 days? That is the only way I can get the dates to tally? I have also letters from CAB showing an offer to pay arrears was made in Dec 2007 would argue that my account was probably in default at this time but I only have the above at the moment. as I understand it this is going to hinge over a 4 month period (if the 2009 dates are used) but it seems this is statute barred, what are others thoughts. This would be the basis of any defence which I hope to make. Regards

Hi all I would welcome some advice on this please. In September, I upgraded my phone with T Mobile and entered into another 18 month contract. Had a nightmare with the first handset that 2 T Mobile stores were not interested in despite quoting the usual sale of goods act etc. and me taking the handset back on the 10th day after having received it. Eventually, Customer Services on 150 relented and replaced it as a swap out the next day. I got round to reading the manual last weekend to see what exciting things I was missing out on and I decided to download some new screensavers to make the phone a bit more "funky." I then discovered that despite changing all the settings that the screensaver would never activate. The phone display switches over to power save mode, i.e. goes blank instead of displaying the screensaver. I undertook some research into the issue on both T-Mobile's user forums and Nokia's own support discussion forums and it turns out that this is a known software bug in the N79 handset. It also appears that the manufacturer knows about it but has failed to fix it in subsequent firmware releases. It is also unlikely that Nokia will now release any further firmware for the handset as technically, or rather in the technical world, it is now quite an "outdated model." I have emailed T Mobile Customer Relations about this and they have contacted me to say that if the manufacturer is not going to fix it there is nothing that can be done. I however am not happy with this. Surely the goods are not functioning "as described," i.e. the manual states that you can change the screensaver and although you can, the end result is that it doesn't work. I know that a non-functioning screensaver is not a life or death situation i.e. the phone makes calls, sends texts, browses the web but am I the only consumer that is getting a bit sick and tired of companies that earn millions of pounds from their customers getting away with everything? At the end of the day, my contract is subsidising the cost of the handset in a large capacity. If I had purchased this phone directly, it would have cost me a few hundred pounds at least. The crux of it is that I used Nokia phones for years previously and every handset I have had has always had "some problem" of one thing or another. Back around 2003, I had Orange replace 15 handsets, one after the other and each one exhibited the same problem as the last. It was a nightmare. I thought that 6 or so years later, with the advancement in technology that Nokia may have improved it's standards and the first phone I pick up in this 7 year period manufactured by them exhibits yet another fault. I have contacted Nokia, although I am under the impression that it is not down to them to sort the problem out and they have suggested that I send the phone "for repair," which judging by other users on their support forums, does not resolve the problem anyway and just leaves you without a phone for 2 weeks. I was wondering if I could glean some opinions please ? Am I right that the phone is not "functioning as described" and therefore breaches the sale goods act ? Thanks very much J

Is this the end for Uncle Bryan?:whoo: http://www.credittoday.co.uk/article/18038/online-news/lowell-solicitors-launch-marks-new-era-for-the-group

A while ago now, my husband received a Claim form issued by Lowell in respect of an old Cap One debt. I acknowledged receipt and the submitted defence at last minute - using standard haven't got a cue what your talking about defence. We had received no paperwork in respect of this for a couple of years or more. The amount they are claiming is less then £400 and to be honest I thought they would just go away as in often the norm with Lowell/Bryan Carter. We agreed to go through with a mediation call, however that never happened as they called the day that we were going away. Then received letter from court to say that they had advised that Bran Carter must produce all docs by a given date or they would dismiss claim. To my amazement they have actually sent some paperwork. As a result I now have until 15/10 to submit a defence again. I have read a zillion threads but I'm lost and would be grateful for some help. Apologies for leaving it until the last minute, I just honestly thought that they wouldn't fight for such a small amount. We have received a copy of an online agreement, a statement of the account, an assignment notice and a letter introducing Lowell. Don't remember ever having seen any of these before. There is no copy of a default notice. I was wondering if I could I some way bring the PPI into the defence. The box has been ticked on the online application - but PPI would have been no use to husband as he was self employed

Hi, I wonder if I could have some advice on the following. I checked my credit report for the first time in a while today, and notice that Lowell has added a default, dated 04/01/2011, for a small debt which is 'mail order'. Looking at the account start date of 2001, this is clearly a Littlewoods account which I stopped paying back in about 2006/7 when I got into significant financial difficulty and it ceased to be a priority debt. I've not paid or acknowledged the debt in this time, and it's almost certainly a) mostly made up of charges and b) statute barred or almost statute barred. I have received letters about this debt but have ignored then due to assuming they were phishing on a statute barred debt. Any advice on how I go about finding out why/how the default is there and how I get it removed, please?

Hi Guys, Hopefully somebody will be able to help me. My sister has received a letter from a Solicitor acting on behalf of Lowell Finance stating that they has started Litigation proceedings, enclosed was also court documents with an admission form and defence form. The debt according to the court docs is £3448.39 incl. extra costs I would like Lowell to prove that this debt exists, they brought the debt on the 30/03/2012. She has 7 more days before the forms have to be back at the court. I am hoping that somebody knows what steps to take to do this as I haven't got a clue, Is there a template letter that I can fill out. Thankyou in advance

Hi My daughter received a claim form from lowell, we have acknowledged the claim form and sent a cpr31.14 request The response received is "We confirm the Claim Form was issued by the County Court Business Centre and that the Court's Protol was followed when issuing the Claimant's Particulars of Claim. Practice Direction 7C point 1.4 (3A) eliminates the requirements to attach the documents to the "Particulars of Claim when they are issued by this Court." Any advise as to what this means would be grateful

Hi, i have received a letter from B. Carter informing me they are going to court in 14 days for a Credit card debt, the debt is or very very near SB. Can i ask advice on how to proceed with this please. Many thanks.

Hi all, I received a claim form from the Northampton CCBC a couple of days ago, I have already filed an acknowledgement online with MCOL stating my intention to defend in full. Name of claimant: Lowell Portfolio I Ltd Date of issue: 22nd September 2015 What is the claim for: The claim is for £xxx.xx, the amount due under an agreement between the original creditor and the defendant to provide finance and / or services and / or goods. The debt was assigned to / purchased by Lowell Portfolio I Ltd, on 23/12/2011 and notice served pursuant to the law of property act 1925. Particulars RE- O2 (UK) Ltd A/C No xxxxxxxxxx, And the claimant claims £xxx.xx The claimant also claims statutory interest pursuant to S.69 of the county court act 1984 at a rate of 8% per annum from the date of assignment of the agreement to date but limited to a maximum of one year and a maximum of £1000 amounting to £58.18. Value of the claim: £xxx + court fee £60 + solicitor's costs £70 total: £xxx The claim was for an O2 mobile phone contract. Original account started: Unknown 2010 maybe? It is not the original creditor who has issued proceedings. I was unaware the debt had been assigned and did not receive notice of this, I have moved more than 5 times in the last 6 years. I can not remember receiving a default notice again this may possibly be due to the number of times I have moved. I have never received a statutory notice headed “Notice of Default sums” since the date of the default to my knowledge. I was unable to continue making payments with the original creditor due to financial difficulties I had at the time, mainly due to being made redundant. There was no dispute with the original creditor. I did not communicate my problems with the original creditor or enter any dmp. Since receiving this I have only acknowledged receipt of the claim form via MCOL online. Is the next step to send a CCA Request letter to the Lowell and a CPR request letter to their Bryan Carter?

I recently received a demand from lowell portfolio1 asking for £322.34 which is alleged I owe to 3 mobile.Lowell said they bought the debt from 3. I replied stating that I had a 3 month old phone that was faulty, but 3 would not pay to have it repaired as they said the PCB board was not covered under warranty (according to Carphone Warehouse who did the inhouse repairs for 3)... To cut a long story short, I sent a letter recorded delivery to 3 (received by them and signed for)with the phone stating that they have contravened the Sale of Goods Act 1979, as they have sold me a phone that is faulty and have refused to repair, or replace it. I also quoted that they contravened the Misrepresentation Act 1967, as the phone they provided me with does not do what they are claiming (The phone would lose its connection midway through a call, The phone would not send around 85% of text messages, I couldn't get a signal at work etc)......... I therefore stated that as they have broken the terms of the contract, my contract is null and void. I then cancelled my direct debit after the next monthjs payment went out. The letetr was my 1 months notice to cancel, although 3 broke the terms of the contract by contraveneing the above 2 laws........ Fast forward about 3 or so years, and I get this letter from Lowell portfolio1 saying they have purchased the alleged debt from 3, and I now owe Lowell the money. I replied by asking for a copy of their Consumer Credit Agreement and a copy of my contract with Lowell that I signed and dated. They have come up with neither as neither exists. I also said that the matter is in dispute and they should refer back to 3. Where do I stand in this issue??

Hi My apologies if I have not posted this in the correct forum. Can someone please advise me if DCA'S are allowed to ask for sensative medical history? Only I receieved this request from Lowell Group via my email.............. To help me further understand how best to assist you with account number ******* going forward I would be grateful if you could provide the following information: 1. A letter from a relevant professional with details of your situation. Examples of a relevant professional include: – Your GP (or the medical practitioner who is treating you) – A social worker who is working with you – A psychologist who is working with you – Any other qualified health or support worker assisting you If you are unable to provide such a letter, we would also be happy to accept copy fitness for work notes (sick notes) or a copy of prescriptions. 2. A completed Income & Expenditure form 3. Consent to record your sensitive data 4. A Letter of authority, if you want a friend, family member or someone else to deal with this account on your behalf It is the part that I have underlined that I am most concerned about................. I have told them that as I am terminally ill and in the Support Group for ESA that I have absolutly no intention of furthering them with my details. My query is are they allowed to request such records? :|Thanks Gazea1446

Hi I have a Welcome Finance agreement on my car & like lots of other people have been fighting with the Lewis Group. Today I received a letter from Irwin Mitchell Solicitors Recoveries, however on the back there is a standing order form made payable to Ascent Collections Ltd. Strange thing is Irwin Mitchells address is Manchester - Ascent Collections is Sheffield and the post mark is Sheffield. Does anyone know anything about these companies or had any dealings with them.

Evening Folks, Apologies if this is in the wrong section, if it is could the mods kindly move it. I have arrived home today with my wife to find that my wife has kindly received in the post a CCJ obtained by Lowell(Claimant)/Bryan Carter Solicitors on 16/09/2015. Now this has come as a bit of a shock as we have received no prior correspondence from them regarding this debt or anything to state there would be any date to appear in court to deal with this. The judgment has also been obtained in my wife's maiden name, despite us being married for 3 years. I would greatly appreciate any help to urgently deal with this. Many Thanks G__M

Hi, I'm new to this but in need of help! Today i received a letter from BW Legal who i have no dealings with before writing to say that I had not kept payments up for a CCJ as agreed by the courts, this is the first ive heard about it, I know nothing about the debt or what I refers to, ive had no paperwork from Lowell, B W Legal or NottinghamCC. I've no idea where to go from here who to contact, I have since checked my credit record and have a CCJ but need advice on what to do this is only been issued in July 2015 but I know nothing about the debt or where to start. bW legal are giving me 10days to make payment, can anyone help, who do i speak tp first?? B

Dear All, I received a claim form from Lowell Portfolio (original debtor CAPITAL ONE) Claimant - LOWELL PORTFOLIO l LTD Date of issue 19TH MAY 2015 DATE TO SUB MIT DEFENCE 20TH JUNE 2015 - Friday 19th by 4pm. What is the claim for – the reason they have issued the claim? Particulars of Claim The Claimants claim is for the sum of £4280.86, being monies due from the defendant to the claimant under an agreement regulated by the consumer credit act 1974 between the defendant and Capital One Under account reference xxxxxxxxxxxxxx and assigned to the claimant on 28/07/2014 Notice of which has been given to the defendant. The defendant failed to maintain contractual repayment under the terms of the agreement and a default notice has been served which has not been complied with and the claimant claims £4280.86 The claimant also claims statutory interest pursuant to S.69 of the county act 1984 at a rate of 8% per annum from the date of assignment of the agreement to date but limited to a maximum of one year and a maximum of 1000 amounting to 275.86 What is the value of the claim? 4821.72 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? CAPITAL ONE CREDIT CARD When did you enter into the original agreement before or after 2007? 17-11-2006 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. Lowells ASSIGNED ON 20-7-2014 THOUGH I WAS NOT NOTIFIED AT THE TIME 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 ? NO Why did you cease payments? IN 2009 – 2010 NAT WEST TRIED TO CLOSE MY BUSINESS BY ASKING ME TO PAY MY OVERDRAFT AND BUSINESS mortgage TOTALLING OVER £100000 IN VERY LITTLE TIME – CREDIT CRUTCH What was the date of your last payment? 04-11-2009 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 management plan? NO I have sent in the acknowledgement of service and also written to them requesting a true signed copy of the agreement. I will send the CPR 31.14 request in a few days The claim form is dated 19th May 2015 (alleged debt is before 2007) I would like help with the defence to make sure I do not make a mistake! Any thoughts please advise, I will look at my defence over the week end thank you

Hi There, On Friday last week I received a County Court Claim Form, details below and today received a letter off Bryan Carter Solicitors saying they have issued litigation proceedings in the County Court. Name of the Claimant ?Lowell Portfolio I LTD Date of issue –. 15.07.15 What is the claim for – The Claim is for 262.97 the amount due under an agreement between the original creditor and the defendant to provide finance and / or services and / or goods. This debt was assigned to /purchased by Lowell Portfolio Ltd on -15/05/2012 and notice served to the law of property act 1925. PARTICULARS RE: Three Mobile A/C No. 000000000 and the claimant claims 262.97 This claim includes statutory interest pursuant to S.69 of county Act 1984 at a rate of 8% per Annum (A daily rate of 0.09) from the date of assignment of the agreement to date but limited to a maximum of one year and a miximum of 1000 amounting to 21.02 What is the value of the claim?£358.99 Is the claim for a current account (overdraft) or credit/loan account or mobile phone account? Mobile phone 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.Assigned and issued by 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 Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?No Why did you cease payments? Returned item due to no signal, unable to use in accordance with the contract. What was the date of your last payment?In 2010 Was there a dispute with the original creditor that remains unresolved? Yes Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? No I have never had a County Court claim form before and Am wondering what I should do next, any help much appreciated.

Back in June/July 2013 I cancelled my contract with my mobile provider, citing what I believed to be valid reasons. They did not budge and continued to chase me for line rental for the remainder of the term of the contract. Eventually Lowell bought the account. I have treated them by either a) ignoring them completely or b) informing them that the alleged debt is in dispute. Up until recently the last contact I had from Lowell was back in September 2014. This weekend gone I received two letters (see attached images), one from Lowell and one from BW Legal (both arrived in the same BW Legal branded envelope), threatening the issuing of a Claim in the County Court if payment or response is not received before a specific date. The letters were both dated a full week before they actually arrived in the mail. Anyone had any experience with BW Legal or have any thoughts on their letter and threat of CCJ. Are they known to follow through? What can I do to halt or stop their perusal of a CCJ? (aside from paying them obviously!) My initial thought is to send them a ‘prove it’ style letter, reiterating my stance that the alleged debt is in dispute. Thanks.

My first time using a forum ever, wish i had done this sooner .... ill try and explain best i can. had a Lloyds bank account roughly 5 years ago, changed bank accounts since and thought nothing of it. I then received a County Court Claim form on 28th April 2015 then a letter from Bryan Carter Solicitors on 29th april 2015 out of the blue saying i owe £270 The claim form states : Particulars of claim The claimants claim is for the sum of 181.10, being monies due from the defendant to the claimant under an agreement regulated by the consumer credit act 1974 between the defendant and Lloyds. Under account reference XXXXXXXX and assigned to the claimant on 03/07/13, notice of which has been given the the defendant (Ive never received this) the defendant failed to maintain contractual repayment under the terms of the agreement and a default notice has been served which has not been complied with (again not received) And the claimant claims 181.10 the claimant also claims statutory interest pursuant to s.69 of the country act 1984 at a rate of 8% per annum from the date of assignment of the agreement to date but limited to a maximum of one year and a maximum of 1000 amounting to 14.49 in brief i replied to the court and sent in a defence stating that i had never received the default notice nor any other correspondence before the claim form and that i had requested a copy of the credit agreement including the £1.00 payment but no reply . (i sent them recorded delivery and have the signature as proof they were received) They offered mediation to which i said yes but when i spoke to the mediation team it wasn't suitable as i had still not received a copy of the agreement i had requested for a second time. the last reply i got from bryan carter was on 17th july 2015: "we confirm we are taking further instruction from our client in regards to your request for documentation under the consumer credit act 1974 and we will revert back to you in due course. We confirm the production of these documents at a later date will rectify any earlier breaches." Then on the 11/8/2015 i received notice of allocation to the small claims track (hearing) My hearing is on the 16th October and i need to put in a witness statement 2 weeks before that... ... i dont know where to start with it? and also after reading a few other threads i think i should have asked for CPR 31.14 at the beginning but i didnt:| its really weighing heavy on my mind now and just want to get this statement in and let the court decide its not a very large amount i keep thinking i should just give in and pay (not that i have that to hand) but then i think why should i when i dont have any information about this debt??? any help would be so much appriciated!!!