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Found 12 results

  1. Name of the Claimant Lowell Portfolio ltd Date of issue – 11 September 2017 What is the claim for – Particulars of claim 1) The Defendant entered into an agreement with EE Limited (formerly T-Mobile UK Ltd) under account reference 12345678 (the agreement). 2) The defendant failed to maintain the required payments and the service was terminated 3) The Agreement was later assigned to the claimant on 30/09/2014 and notice given to the defendant 4) Despite repeated requests for payment, the sum of £308.58 remains due and outstanding. and the Claimant claims a) The said sum of £308.58 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 £0.068, but limited to one year being £24.69 c) Costs What is the value of the claim? £418.27 Is the claim for - a mobile phone account When did you enter into the original agreement before or after:Not sure of date but think after that 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. Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Not aware. 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? Financial difficulties What was the date of your last payment? Think it was in 2012 but not sure. 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? No You very kindly helped me sort out a claim from Hoist/Barclaycard last year which ended up stayed. This is another one my that has come for my girlfriend this morning and I am trying to sort it out for her. I have already sent an AOS via MCOL for this claim as I did in the previous claim. What is the next step, is it different as it's a mobile phone debt rather than Barclaycard? Thanks for any help you can give!
  2. Name of the Claimant ? Arrow Global Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 4th August 2016 Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) - 6th September 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 claims payment of the overdue balance due from the defendent under a contract between the defendent and Egg dated on or about Mar 30 2006 and assigned to the claimant on Nov 30 2015. What is the value of the claim? £4000 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Unsecured loan 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. It is the debt purchaser who issued claim 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? Not sure Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? Financial difficulties What was the date of your last payment? June 2011 although they claim July 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 Hi I received a claim form from Restons on behalf of arrow global. It's from a loan taken out in 2006. I got into financial difficulties in 2011 after entering into a reduced payment arrangement for a few months I stopped paying. I hadn't heard anything from them until recently. I have read lots of threads and have acknowledged the claim with intent to defend. I realise I have to send a CCA and CPR 31.14 Request. I would like to know whether I can ask for the notice of assignment, default notice, termination notice and statement of account if none of these documents are mentioned in the particulars of the claim? They only mention 'a contract'. Is this covered by the CCA request or should I put this in the CPR 31.14 Request too? Many thanks for your help
  3. Hi everyone. I have the same issue as antonia26. http://www.consumeractiongroup.co.uk/forum/showthread.php?463115-moriarty-law-JC-International-Claimform-old-Talk-Talk-Broadband-debt-***Claim-Discontinued*** i received a court letter taking me to court as i owe £257.28 As it was advised I have filled the form out and acknowledged of service and said I'm defending the whole claim. I sent a CPR 31.14 request to solicitors requesting information pertaining to their claim . I am not sure if it was done right. I 've received letter from the court about receipt of the Defence. and the letter from solicitors with the text below: we write to acknowledge receipt of the defence filed by you with the Court and in that regard we confirm that our client is processing with their claim. My CPR 31.14 was ignored and now I don't know what to do. Any further steps I should make in this case? thaank you very much for your help
  4. Name of the Claimant ? Lowell Portfolio I Ltd Date of issue – 7 July 2017 Date to submit defence - 8 August 2017 What is the claim for – 1. The defendant entered into an agreement with Orange under account number XXXXXXXXXX 2. The defendant failed to maintain the required payments and the service was terminated 3. the agreement was later assigned to the claimant on 21/12/2016 and notice given to the defendant 4. despite repeated requests for payment the sum of £240.19 remains due and outstanding and the claimant claims a) the said sum of £240.19 b) interest pursuant to s69 county courts act 1984 at the rate of 8% from the date of assignment to the date of issue, accruing at a a daily rate of £0.053 but limited to one year, being £10.37 c) Costs What is the value of the claim? £325.56 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Mobile Contract 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. Debt purchaser - Lowell Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes - this has been through several debt purchasers Did you receive a Default Notice from the original creditor? Can't remember, presumably yes Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? The original contract (2 years phone + service) had been paid, Orange took unauthorised/disputed payments; bank reversed transactions What was the date of your last payment? Not sure, sometime around 2013 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 management plan? No, refusal to pay I have prepared a CPR13.14 request as per the instructions I've read. Is there anything else I need to know/do? My mum is going out of her mind with worry about this. Your help is greatly appreciated. Thanks in advance Hello CAG, long time lurker, first time poster here I've perused these forums for a fair few years now for help with my debt issues. Keep up the good work and I intend to make a donation come payday regardless of the outcome of my case. Pleasantries aside, I've got a problem with Lowlife solicitors. They've issued a County Court claim against my mother for an old junk debt with Orange that they've acquired. I've filled out the MCOL forms as per instructions with the intention of defending all claims and completed the initial questions above. Apologies if some of the information is vague/incomplete as my dear old mother has forgotten some of the relevant information.
  5. Name of the Claimant ? Hoist Portfolio Holding 2 Ltd Date of issue – 19 May 2016 20th June 2016 to submit defence What is the claim for – 1.This claim is for the sum of £3755.27 in respect of monies owing under an agreement with the account no. XXXX pursuant to The Consumer Credit Act 1974. This debt was legally assigned by MKDP LLP (Ex Barclaycard) to the Claimant and notice has been served. 2.The Defendant has failed to make contractual payments under the terms of the Agreement. A default notice has been served upon the Defendant pursuant to s.87(1) CCA. 3.The Claimant claims 1. The sum of £3755.27 2. Interest pursuant to s69 of the County Court Act 1984 at a rate of 8.00 percent from the 18/1/12 to the date hereof 1580 is the sum of £1300.50. 3. Future interest accruing at the daily rate of £ .82 4. Costs What is the value of the claim? . Total £5565.77 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit account When did you enter into the original agreement before or after 2007? Before. 1981 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? We would have but can't guarantee we have kept it. Did you receive a Default Notice from the original creditor? As above, we would have. Kept some of the early letters. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Probably, no reason to doubt we haven't. Ashamed to say we haven't actually been reading them but am sure we would have. Why did you cease payments? Business failed very suddenly due to recession, stopped payments to all creditors as my husband couldn't manage the debt. My husband intended at that point to go bankrupt but as moved into low paid employment, he needed to save bankruptcy fee. We then had to prioritise moving house due to being harassed by a neighbour and then always something else came along that needed money. Classic burying heads in the sand then followed as we seemed to be getting life back together. What was the date of your last payment? He last paid around April 2011 but Noddle says defaulted in Sept 2011. 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 will send off a CAA request and CPR31.14 Loan letter to see what Hoist/the solicitors hold BUT I recall back in around 2008 we went after PPI charges from Barclaycard. At this time they did provide us with a copy of the signed agreement. I would have it somewhere in the loft. Notably the copy was a terrible one, hardly legible but interestingly, the box where you would tick to opt out of PPI was bright white, as if the copy had been doctored. I raised this in our letters, that it looked very obviously as though it had been doctored. Barclaycard did not respond specifically to this, but did refund all the PPI charges going back to when the account was opened. I guess what I am wondering is that if Barclaycard had dug out the agreement in more recent years, are they more likely to have passed a copy onto the purchasers of the debt? Am I still right just to put the onus on Hoist to show they have the relevant paperwork to prove the debt? I would be grateful for your thoughts th Hello, Back in December 2105 I received some great advice when my husband was pursued by Lowells for an Argos credit card debt. It seems that another creditor has now taken the same course of action. I plan to follow the same steps as before, acknowledge and defend, using the advice given previously but there are some changes in the circumstances which I would be grateful to be able to check out on here first. Please see info below. Thank you, r710
  6. Hello, My wife received a claim form from Lowell Solicitors Limited on Saturday morning. Details are below: Name of the Claimant ? Lowell Portfolio Ltd Date of issue 14th January 2016 What is the claim for – the reason they have issued the claim? The particulars: 1. The Defendant entered into a consumer credit act 1974 regulated agreement with Shop direct under account reference ...... the agreement The defendant failed to maintain the required payment and a default notice was served and not complied with The Agreement was later assigned to the claimant on 2/12/2011 and notice given to the defendant. 2.Despite repeated requests for payment, the sum of £2,030.36 remains due and outstanding 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, accuring at a daily rate of £0.445 but limited to one year, being £162.43 What is the value of the claim? £2377.79 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Cat When did you enter into the original agreement before or after 2007? Possibly 2007, not sure as she has ignored calls from them. 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 issued the claim 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? I don't think so. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? None Why did you cease payments? Finance problems What was the date of your last payment? Not sure but looking through bank statement to find the last payment. 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? Yes I can send a scanned pic of the claim form (details scrubbed out) if that helps, Its just scary getting this in the mail.
  7. Name of the Claimant ? Cabot Financial UK Date of issue – . 12 Feb What is the claim for – ? 1.The claimant claims payment of the overdue balance due from the defendant under a contract betwen the defendant and capital one dated on or about april 18 2013 and assigned to the claimant on sep 28 2015 22/01/16 default balance 305.70 What is the value of the claim? 305+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? 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. 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 Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No, I have Notice of sum in arrears 5/10/14, Notice of default 2/11/14, Statement of default 4/12/2014 All sent directly from Capital One Why did you cease payments? Repayments got out of hand & I did not seek help when I should have done. What was the date of your last payment? Unsure, all statements were online, I have no paper statements for reference 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 managemnent plan? No I have acknowledged service & believe there are many default charges in this balance which I would like to contest. The POC is now incorrect as I made a payment on 10th Feb & I'm due to make another on 11th March as per a letter I sent letter which I sent to Restons prior to receiving their claimform, this letter has been returned to me stating they will not acknowledge receipt or respond to any letters without my signature claiming they must be sure who they are corresponding with, after they were sure enough of my identity to issue court paperwork to me of course! I'm assuming I need to send a cpr.13.14 now but can I simply initial the letters rather than using my signature? Also how will I tackle the charges issue? Thanks for reading this, all help is greatly appreciated
  8. Civil Enforcement Limited claim issued at CCBC It's been acknowledged and notified will defend via NCOL The POC is for 'Outstanding Debt and Damages'and a note 'I will provide the defendant separate detailed particulars within 14 days of service of the claim form' The detailed particulars of claim were received on day 12. They mention Vine v Waltham Forest (2000) 4 ER 169 - When defendant parked they accepted by their conduct the conditions of parking They also point to case of Parking Eye V Beavis Supreme Court Ruling (establish legality of car park operators to charge...) They have added a 'Statement of Truth' and it's signed by their solicitor. They have attached a Schedule of Information which indicates the Site Details and Registration etc the Summary of Terms states it's a Maximum Parking Allowance exceeded I am helping the defendant with this as they have tried to deal with Civil Enforcement directly but got nowhere. The 'Incident' was on 08/04/2015 it's a 5 hour 'stay' but the defendant was over stayed by over 2 hours. The site has a cinema and number of eateries, they were parked for those purposes. I have looked at Received Court Papers From A Private parking Speculative invoice?? I will continue to hunt the threads but a defence needs to be prepared, I am going to see the site as I am pretty sure the sinage is rather poor however I wanted to check the following: If the ANPR camera is located at the 'entrance' to the car park even though you would need to drive over 100m to reach the 1st 'space' (or notice) does the parking notice not need to be displayed at the ANPR site?? Any other threads or specific help would be much appreciated.
  9. Hello, I am trying to write a defence to this claim and I was hoping that you could help me. Name of the Claimant? IDR Finance UK II LIMITED Date of issue? 05/02/2015 What is the claim for – the reason they have issued the claim? The Claimant claims the whole of the outstanding balance due and payable under an agreement referenced XXXXXXXX and opened effective from --/07/2003. The agreement is regulated by the Consumer Credit Act 1974, was signed by the Defendant and from which credit was extended to the Defendant. The Defendant failed to make payment as required and by --/02/2014 a default was recorded. As at --/02/2014 the Defendant owed Barclaycard plc the sum of £11K. By an agreement in writing the benefit of the debt has been legally assigned to the Claimant effective --/02/2014 and made regular upon the Claimant serving a Notice of Assignment upon the Defendant shortly thereafter. And the Claimant claims- 1. 1110510 2. Interest pursuant to Section 69 County Court Act (1984) at a rate of 8 % per Annum from --/02/2014 to --/02/2015 of £808.06 And thereafter a daily rate of £2.32 to date of judgment or sooner payment. Date 04/02/2015 signed: IDR Finance UK II Limited Note: The numbers in the Particulars of Claim are the numbers they wrote. Also there is no actual signature from IDR Finance. Is that allowed? What is the value of the claim? £12323 including interest of £808 and court fees of £540. Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Barclaycard Credit Card When did you enter into the original agreement before or after 2007? According to IDR Finance, 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 Were you aware the account had been assigned – did you receive a Notice of Assignment? I was unaware that account had been assigned. I was not aware of any notice of Assignment. Did you receive a Default Notice from the original creditor? I think I did. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No. Why did you cease payments? Loss of income, injury and illness. What was the date of your last payment? June 2013 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? Yes. However, now it seems that while Barclaycard were telling me that the account was on hold and giving me time to sort out my issues and come back to them they were actively trying to sell the account on. I have a letter from Barclaycard agreeing that I have until the 6th of March 2014 to contact them so that we can review my situation and agree a way forward. Unfortunately it looks like they sold the account to IDR Finance before that date. Other information: I have acknowledged the claim and said that I am going to defend all of it. When Link Financial contacted me by phone last year, I thought that they were a debt collector for Barclaycard. We spoke on several occasions and I let them know that I was working with StepChange and gave them my reference number. Each time I spoke to Link they confirmed that there would be no interest or charges on the account however Link Financial / IDR Finance are now trying to claim statutory interest. I have been talking to IDR's solicitors at Link and they agreed an extension for the filing of a defence however I need to file something on the 7th of April. I sent IDR a CCA request in February followed by a CPR 31.14. They responded to the CCA request saying that they were going back to Barclaycard for the documents and that they needed 30 days and they didn't respond to the CPR 31.14. However after both the 30 days they requested for the CCA and the 7 days for the CPR 31.14 had expired I raised these requests with their solicitors who told me that they had put responding to these requests on hold while we were talking and that their normal procedure would be to fulfil the requests and then ask for a default judgement on the back of that. They also said that while the CCA request was outstanding they could not file for a default judgement. With the CCA request, I asked for a true copy of the original signed credit agreement an up to date statement showing all of the transactions on the account including interest and charges. With the CPR 31.14 request I asked for a copy of 1. The Agreement 2. The Assignment of the account to the Claimant 3. The Default Notice 4. The Notice of Assignment served to the Defendant. 5. A Statement of Account showing how the amount claimed has been reached. We are still talking but I think that I need to file something just in case they decide to go for a default judgement. Thanks.
  10. 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
  11. Hi, I am hoping someone can advise me can I defend or challenge County Court Claim N1CPC issued by Restons Solicitors on behalf of Cabot Finance on 10th November 2014. The claim is for £10k overdraft on a gold current account that was originally held with Lloyds TSB. I am in this mess because I was made redundant from my Job, diagnosed with depression and unable to work for two years. At the time I opened my account in 1995 I had an overdraft facility of a few hundred pounds (£200). The facility was supposed to be reviewed every two/three months but never was. I was also obliged to take out CPP card protection. The Particulars of the claim are as follows: 1. The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Lloyds Bank – Current Account dated on or about Oct 12 1995 and 2. assigned to the claimant on Jun 17 2014 in the sum of £9918.09 Also what are my other options? Do I offer a payment plan and how can I do this without having a CCJ entered against me? Please help.
  12. Hi, Can someone please confirm I have the correct date to file a defence against a claim. I dont want to get this wrong! Claim Form issue date: 27th Feb 2015 Defence Deadline: 31st March Also, I have read to file it at midnight (MCOL), is this midnight on the 30th or 31st? Thank you
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