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Found 975 results

  1. I've received the following letter from Lowell solicitors regarding a default from 2012 for about £1700. I've previously tried to negotiate a settlement figure but got very little response. Although I have found a letter they sent last year offering a 60% reduction in the debt. Any suggestions on my next course of action? PAP LOC (1).pdf
  2. Lowell's Solicitors are chasing an old debt (6yrs old) - as mentioned in post #1 old catalogue debt for JDWilliams & Oxendales Never seen a letter like this from them before Tactics or can they go further with this? Thanks LowellSolicitors.pdf
  3. I'd seen recently on my Equifax file that an old BT debt was being recorded by Lowell This was chased by and already paid to Credit Resolve in 2017 I emailed Lowell last week along with proof of payment asking them to remove the entry They've said: Good Morning, Thank you for your email, I have noted your comments and would be happy to assist you. Account Number Original Client Current Balance xxxxxxxxxx BT PLC £72.84 I appreciate the comments you have made and I can see from the screenshot provided this shows the balance due was paid on the 31st of May 2017. Your query We’re investigating this matter with BT PLC and will let you know of the outcome. What happens next? You don’t need to do anything. The account is on hold and we will contact you again as soon as we hear back from BT PLC. If you require any further assistance please don’t hesitate to let me know. Kind Regards, Hakim Lowell Financial, part of Lowell I've paid, I don't owe them, would I have to wait for them to investigate or should they be removing the entry straight away? Can I go back with the 'remove in 14days or I'll start legal action line'? Thanks
  4. Thanks. I have previously SAR'd Vanquis. I'll dig it out and post here Here's the SAR response jpg2pdf.pdf
  5. received on Saturday a claimform from Lowell stating that despite previous attempts to contact me they have now issued a court claim. The 3 contract was from 2015 from what i can work out. can anyone help please. T he issue date is the 5th december. Cheers
  6. Hi All I failed to pay back a credit card in 2013. In due course the card company defaulted me and posted the default with one or more of the credit reference agencies in October 2013. Lowell bought the debt and the account totally disappeared from my Noddle credit report. It has now reappeared with a single entry showing a default for September 2014 (even though the main body of the report shows the original default date) so in effect bringing forward the default date by eleven months. That means I will have to wait an extra eleven months before the default disappears from my credit report. Any advice on what action to take to resolve this would be much appreciated.
  7. Really need some advice as to what to do first,, do I call Lowell ? How do I respond to the forms I know there is a deadline we have to meet. My boyfriend has received a claim form from a Vodafone contract he had no choice but to cancel due to the recession, he had no work and got himself in a bit of a mess which he is still in the process of sorting out. At the time he did visit the citizens advice who helped him, they advised he offer to pay Vodafone £1 per month which they declined. I have copies of most of his bills from 2005 onwards, sadly the copies he gave the CAB are missing which are the crutial ones, however I have bank statements showing his regualr payments to cover the missing vodafone bills. He had been a customer with them since 2005, they had one dispute in 2008 when his bill suddenly jumped for one month to over £200 which was rectified/reduced as it was an "error", apart from that he was a loyal Vodafone customer until 2010. He disputed the last two bills they sent him, he received one for £205 and called them to dispute it, he was told they were looking into it, he decided not to use the phone during the last month to see what would happen, he purchased a PAYG phone from Tesco, Vodafone still sent him a bill for £211 which the bank rejected as he had no funds to cover it. Prior to this all his bills were between £80-90 per month, he never followed up on the dispute he raised as in his eyes they had taken £205 the previous month which he had not incurred, plus at this point he was not in a great place in terms of his mental health due to being out of work and unable to live/survive financially. Ironically if you look at the call records of his phone he barely used it ! Vodafone wrote him two letters 4/1/11 saying he owed £326.97 then 14/2/11 stating £575.24 was owed. He heard nothing then until now when he received the claim form from Lowell saying he now owes £751.26. What should we do? I have read lots of other threads but feel this one is slightly different. Please help
  8. I hope to get some advice here my partner received letters (notice of sums in arrears, annual statement) from Lowell about the debt they bought from Okam Ltd for the amount of £10,785.89. That was shock for me but my partner remembered what it was. It was loan taken in dec 2012 with his ex wife. Original amount was around £3k. They paid as long as they’re were together. Then couple months later she left him but promised to pay for it. Unfortunately that loan was only on his name. That was very nasty divorce and he never thought about it. He moved few times and changed phone numbers maybe that is why he never received any letters from Okam. If he will have any doubts about her not paying he would pay this. We don’t know if Okam send any letters or not. Either she didn’t tell him on purpose or they never send anything. Now debt is in Lowell. And the amount over 10kis just not real for us. He called Okam yesterday and they couldn’t say much about this debt. They have on file that the loan existed but no more details. They said to contact Lowell. he called them. Guy on the phone was not pleasant at all. Tried to take his expenses which most of them my partner didn’t know about them as I look after all the bills. He could only say how much he earns (his self employed) and they told him that universal credit will be taken fully as his earnings as well. Then they calculated that he will have to pay around £480 pm. My partner did not agreed to this and said he will discuss all expenses with partner. Then he called Lowell again and spoke with manager. They offer to call us on 14/02 to find reasonable solution and agree repayments. But tbh I don’t know why from 3k now he has to pay almost 11k. He doesn’t remember when exactly was last payment. Definitely something in the begging of 2013 so it’s almost 6 years. He doesn’t remember how much was already paid. And we have received letter only with the total amount owed. My partner once paid off some phone bills debt (his ex and kids) to Lowell and now they back again. We are not able to pay this. My partner only works. I had to quit my job to look after our 2 years old daughter. We are receiving universal credit. What should we do now. How to deal with Lowell?
  9. Name of the Claimant Lowell Portfolio I LTD Date of issue 17/12/2018 Particulars of Claim 1) The Defendant entered into an agreement with Three Mobile under account reference XXX (‘the Agreement’). 2) The Defendant failed to maintain the required payments and the service was terminated. 3) The right to collect the outstanding balance was assigned to the Claimant by Hutchinson 3G UK Limited on 20/12/2016 and notice given to the Defendant. 4) Despite repeated requests for payment, the sum of £420 remains due and outstanding. And the claimant claims a) The said sum of £420 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 £X but limited to one year being £35 c) Costs Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol)? Yes, I posted in another forum about this sent a response with Box C (don’t recognise the debt) and Box I (need more info) ticked. I also sent a Without Prejudice offer of just over 40%. I did sign that letter, I hope it’s not an issue! I asked for: · Full assignment history of debt · Initial Default Notice · Copy of written contract for debt · A full statement of account, including details of all interest and charges included on outstanding balance of the debt explaining how they have been calculated, and any payments already made towards the debt They rejected the offer and they sent back: · Two notice of assignments from Three and Lowell, missing logos and looking unofficial dated on 13/02/2017. · Said mobile contracts aren’t regulated by CCA so won’t send me a default notice or contract. They didn’t give me a full statement of how the balance was made. Looking around the internet and other forums, people said it’s not worth playing letter tennis with Lowells as they will just ignore you and send the same rubbish and just to wait for the claim form, so I didn’t respond further. What is the total value of the claim? £540 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Mobile phone account with Three Mobile When did you enter into the original agreement before or after April 2007 ?After April 2007 Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?Yes Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Lowell Were you aware the account had been assigned – did you receive a Notice of Assignment? No, I never received any from Lowell or Three apart from in response to the PAP form I sent back. 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? Bad service/reception and financial difficulties. What was the date of your last payment? According to Lowell this was 03/02/2015. I can’t verify as my current bank account was opened after that. It’s not showing in under Noddle/MSE Credit Club/Clearscore as they wiped the history from Three and replaced it with their own that shows limited time periods. 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 Hi everyone, I received a claim form from Lowells just in time for Christmas! I’ve been reading other threads where cases like these have been discontinued for lack of proof or termination charges deemed as unfair by Ofcom and have a general idea on what sort of defence I want to put together but would really like to run my steps through the more experienced people on here. I think my next steps are: · Acknowledge the claim · Send SAR to Three · Send CPR 31.14 to Lowell Solicitor address · Start putting together a defence My question on the CPR 31.14 is which template I should use, Request 1 or 2? Can I only request the agreement as it was the only thing mentioned in the particulars? Can I also request a statement of balance or is that one for the SAR? I’ll start putting together a draft of the defence and would greatly appreciate any advice on any of this. Thanks very much!
  10. Hi, I have just received a letter and form from Lowell Solicitors regarding a mail order catalogue for just under £900. No payment has been made for 3 1/2 years, account taken out around 2010. It is saying if I don't reply or make payment within 30 days they will start court proceedings. Any advice on how to deal with this? Thanks JJ
  11. Guys, I am about to send defence to Northampton County Court, please I need your help. Claim issued 14/09/18, received it on 18/09/18 and acknowledged it same day on 18/09/18. I think I have till wed 17/10/18 to file my defence? Please correct me if I'm wrong. Claim is about HBOS overdraft of current account I held since 2003, I believe it's status barred judging from when it was closed... od fees was up to 100 pounds I couldn't maintain payment. I held 2 overdrawn current account but upon challenging for second account they recently sent me letter stating account closed balance is zero. If I had challenged Lowell for the one they raised claim for maybe they'd dropped it as well. But i didn't I just bin their letters as believe it's statute barred. Other points: 1, Account number they've been quoting is wrong 2, Despite signing for it and cashing statutory 1 pound, they have not responded to all my signed for letters dated 21/22 sept 18 : CCA, Cpr 31.14, etc. SAR to HBOS no reply yet many thanks for any help in advance
  12. I posted this on the banana site but haven't had any response so was wondering if you could help. I've just copied and pasted what I put on their site below. I think I may have missed some of your standard questions so will have a look and try and answer anything I've missed below. If any of you could help I could really use it. I've got a bit of a different one here I could do with some help with. I've seen the forum and have a general idea of what I should be doing but could do with some guidance. Details below: Received a claim? Yes Issue Date: 30 Jan 2019 Have you Acknowledged the Claim?: Yes Total Amount Claimed : £300 Claimant’s Name: Lowell Portfolio Solicitors Firm: Lowell Solicitors Original Creditor: BT Original Debt : Phone Line Particulars of Claim: 1) The defendant entered into an agreement with BT PLC under account reference xxxxxxxxxx ('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 27/03/2017 and notice was given to the Defendant 4) Despite repeated requests for payment, the sum of £xx remains due and outstanding. And the claimant claims a) The said sum of 222 b) Interest purusant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of issue accruing at a daily rate of £0.049, but limited to one year, being £17.78 c) costs Is the debt Statute Barred: No List any letters you have sent: None Any Other Information or Background Details: This account was from 2008/2009 when I was a student. I had a BT line to allow us to get broadband at our house. When I moved out of the house in 2009 the landlord took over the account as he was providing this as part of the house rental going forward. The name and payment details on the account were changed online. I have not paid anything towards this account since May 2009. Having spoken to BT they said the only information they have is that Lowells made the last payment to the account on 29/11/13 the date the account defaulted. They cannot provide any other information regarding payments due to this being such an old account. Lowell (in a phone call) claim the last payment made towards the account was in July 2013 with the account defaulting in Aug 2013. Is it possible to argue that this debt should be statute barred as I have not paid anything towards it since 2009, or because someone else has made payments does this cancel out this defence? I should be able to prove I have not paid anything by requesting bank statements showing what payments I have made to BT. During my conversation with Lowell they also confirmed that they had been sending documents to another address (different to the account address) which I have not lived at for 14 years. What should my next steps be? Request account details from BT Request the specific documents from Lowell under CPR31.14 Anything I’ve missed? If you need any other info please let me know. Your help really is appreciated with this! What is the claim for – the reason they have issued the claim? 1) The defendant entered into an agreement with BT PLC under account reference xxxxxxxxxx ('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 27/03/2017 and notice was given to the Defendant 4) Despite repeated requests for payment, the sum of £xx remains due and outstanding. And the claimant claims a) The said sum of 222 b) Interest purusant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of issue accruing at a daily rate of £0.049, but limited to one year, being £17.78 c) costs Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Nothing received, the claim letter is the first I have got. Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Multiple times. Did you inform the claimant of your change of address? No, I left the property after finishing as a student. My landlord took over the account. What is the total value of the claim? £300 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? BT Landline account When did you enter into the original agreement before or after April 2007 ? After April 2007 Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Not showing on my Noddle account (only one I use) 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. Account assigned and debt purchaser issuing the claim. Were you aware the account had been assigned – did you receive a Notice of Assignment? I did not receive a notice of assignment. Did you receive a Default Notice from the original creditor? I did not receive a default notice. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I have not received any notice of default sums. As I mentioned above Lowell have been sending letters to an address I have not lived at for 14 years. Why did you cease payments? I moved out of the house, landlord took over to provide phoneline for the house. What was the date of your last payment? May 2009 (but payments have been made since by third party, Lowells final payment is the only one showing on BT's records) 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 hope answering the above gives a little more information. If anyone can help me with this it would really help me out! If you need to know anything else please let me know.
  13. Name of the Claimant Lowell Portfolio 1 Ltd Date of issue – 07/01/2019 date to acknowledge 25/01/2019 date to submit defence – 08/02/2019 Particulars of Claim 1.The claim is for the sum of £310, due by the defendant under an agreement regulated by the consumer credit act 1974, for a SD account. An account with reference of …… 2.The defendant failed to maintain contractual payments required by the agreement and a default notice was served under s.87(1)under the consumer credit act 1974. Which has not been complied with. 3.The debt was legally assigned to the claimant on 27.01.2017, notice of which has been given to the defendant. 4.The claim includes statutory interest under s.69 of the county courts act 1984 at the rate of 8% per annum from the date of assignment to the date of the issue of these proceedings the sum of £26 the claimant claims the sum of £340 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?NO What is the total value of the claim? £420 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Catalogue When did you enter into the original agreement before or after April 2007 ? After Is the debt showing on your credit reference files (Experian/Equifax /Etc...) yes to lowell 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 Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? redundant What was the date of your last payment? cant remember will see if its on bank statemewnt 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 dmp - Yes and no ….......... received a claim form yesterday, have acknowledged service. just about to do letters to creditor and solicitors will keep you all updated as i go
  14. I had a Vanquis card up until late 2012. I lost my job through no fault of my own and contacted them to start the repayment insurance that I was paying them for. They didn't call it PPI, they called it something else. I was told I could not claim. I said what on earth was I paying Payment Protection Insurance for if I cannot claim on it. I told them angrily at the time that as far as I was concerned, the matter was closed and they would not be getting another penny out of me. I had the usual two dozen phone calls each day all from different numbers, but I just disconnected the phone. In the end, they got fed up and farmed it out to several DCA's all of which I told to get lost. In November last year, they sold the 'debt' to Lowell and I have had them on my back. I said that as far as I was concerned, I was mis sold insurance and the amount was mostly made up of illegal charges and exorbitant credit fees and the matter was closed. This is due to be Statute Barred in about December, but I don't think that I could hold them off that long. I have heard that Lowlife now go to Court on their 'purchased' debts. I just wonder what my next move is and would the mis selling route be the best way to do down if they do decide to go through the Courts. Can anyone help? it would be much appreciated.
  15. Hi I received a county court claim from Lowell Portfoloio on 12th December 2018 regarding a debt with Vodafone, I made AOS on 18th December. POC 1) The defendant entered into an agreement with Vodafone under the account reference ******** ('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 28/02/2018 and notice was given to the Defendant. 4) Despite repeated requests for the payment, the sum of £xxxx remains due and outstanding. And the Claimant claims a) The said sum of £xxxx 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, accusing at a daily rate of £0.251, but limited to one year, being £71.76 c) Costs I would really appreciate some advise for the next stage. Many thanks. Roland
  16. Name of the Claimant ? Lowell Portfolio I ltd Date of issue – 05/12/2018 Date to acknowledge - 23/12/2018 date to submit defence - 07/01/2019 Particulars of Claim What is the claim for – 1) The defendant entered into a Consumer Credit Act 1974 regulated agreement with Vanquis under account reference ***** 2) The Defendant failed to maintain the required payments and arrears began to accrue. 3 The agreement was later assigned to the claimant on ****/2017 and notice given to the Defendant. 4)Despite repeated requests for payment, the sum of £26** remains due and outstanding. And the Claimant claims a) The said sum of £26** 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 £0.50, but limited to one year, being £200 c) costs Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes i think so What is the total value of the claim? £2900 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? credit card When did you enter into the original agreement before or after April 2007 ? after Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? yes Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. assigned to lowell Were you aware the account had been assigned – did you receive a Notice of Assignment? i didn't receive a notice of assignment but i may have received the odd letter 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? I honestly can't remember, i had a lot going on at the time and i did think it was all paid up What was the date of your last payment? 2015 Was there a dispute with the original creditor that remains unresolved? no, although i've no idea how the total is so high as its way above the original credit limit Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? i'm not sure, but i did start a payment plan with them for a while in a bid to stop them defaulting me, I'd missed 5 or 6 payments then started paying again under this agreement for a good few months Hiya, I've received a claim form from Lowell for an old Vanquis debt. I have beat Lowell in court once before for an old catalogue debt, but that was a while ago, and a bit different because I could prove from the information they sent me that I didn't owe the money anyway, and that was struck out. I'm a bit nervous, and as this is for a lot more money than before, and its quite a while since I had to do this so was hoping I might be able to get a bit of help from here. I've been online to try to acknowledge the claim, however mcol has my old address and I cant seem to be able to change it, has anyone any idea how? Also, before i send, am i right that its a CPR31.14 to the solicitors and a CCA to Lowell? Should i also send a SAR to Vanquis? My credit limit was never anywhere near the amount they're claiming I'm sure, so I've no idea how the amount has got this high! This is the form filled in that you request: Any help would be massively appreciated!
  17. Hi All, Looking for a bit of advice. I am in the process of drafting a complaint to lowell about a 02 refresh bill which I had to default on earlier this year (out of work for a three months). Lowell are claiming £370.10 owed which when I looked at my 02 bills on 02.co.uk seems wrong. I think this relates to unpaid airtime till the end of the contract. I read somewhere that charging till the end of a mobile contract which is defaulted is deemed unfair under consumer regulations. Is this true? and if so can anybody point me to the regulations or relevant case law? Thanks Andrew
  18. Papers from SAR shows shockingly very high charges from 2009 to 2013 within period I lost my job and was struggling financially, can I seek refund from OC? Just after calling OC and asking for complaint procedure and address, I received letter stating small % of charges will be refunded but paid directly to Lowell? What's your opinion guys?
  19. Hi I'm new to all this so I apologise in advance if i've made any mistakes. I had a contract with BT back in 2015 which I wanted to finish early due to the constant slow speeds I was getting after 2 months of being with them. At one point I cancelled my direct debits in protest until they sent an engineer out to have a look at why my internet was so slow. When an engineer was promised to be sent out I called to re-instate my direct debits and was asked which date I wanted them to come out. I asked for the start of the month which was agreed but a few weeks later I had a direct debit come out in the middle of the month. I questioned this and was told they couldn't do a specific date unless I agreed to estimated billing. This was not what I had earlier agreed and they were not willing to do anything about it so for me it was the final straw. I asked if I could end the contract early due to the poor service but was told I would have to pay the remainder off which was over £300. I refused to pay this obviously and was sent various debt collect letters which I ignored stupidly thinking they would eventually give up. Now after all this time I get a letter from the small claims court as Lowell acting of behalf of BT saying they want their £300. I've sent off the acknowledgement but i'm not sure what to do from here, do I defend or do I need to counterclaim? I feel BT were in breach of contract and according to their own terms they would look at ending a contract early due to poor service but I don't feel they ever really considered it. I would really appreciate any help please. Thank you
  20. Hi, Newbie here, I have an account with Lowell which I have been paying and the account has been placed on my credit file with me making regular payments to it. It's a J D Williams account that Lowell had bought. My issue is whilst they are recording the fact the balance is going down each month the payment history is showing 6 payments late all the time. Should it actually be on my credit file at all and if it is then how do I get them to show that I am paying said debt off and get them to amend the payment history. Thanks for any wisdom.
  21. Hi, hoping you guys can offer some help please, I’ve had a letter from Lowell’s about an old catalogue I had & that they acquired the debt in 2017, I don’t recall having received a letter of claim but this is asking for a response in 14 days, total amount including court fees is £912. How should I proceed, I cannot pay that amount, does this have to go to court now or is there any way that I can sort this out outside the court, what happens if it does go to court? are Lowell’s helpful enough to try & resolve without court action or is too late now
  22. Claimant Lowell's Date of issue: 09 Dec 2016. What is the claim for the reason they have issued the claim? 1) The Defendant entered into an agreement with Three Mobile under account reference xxxxxxx (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 21/08/2014 and notice given to the Defendant. 4) Despite repeated requests for payment, the sum of £193 remains due and outstanding. And the Claimant claims a) the said sum of £193 b) interest pursuant of 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 £0.042, but limited to one year, being £15.47 c) Costs What is the value of the claim? £283 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Three Mobile Dongle. 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. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? Mobile dongle returned not fit for purpose. What was the date of your last payment? 2013ish I can’t remember. 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 logged onto MCOL and did the following: A claim was issued against you on 09/12/2016. Your acknowledgment of service was submitted on 13/12/2016 at 18:44:22 Your defence was submitted on 13/12/2016 at 18:59:56 Your defence was received on 14/12/2016 at 08:02:27 Your acknowledgment of service was received on 14/12/2016 at 08:02:28 My defence was/is as follows: 1. The Defendant entered into an mobile dongle agreement with “Three”, the contract was mutually terminated as advised by “Three” Customer Services as the mobile dongle wasn’t fit for purpose, in that it didn’t receive any data as designed. 2. “Three’s” coverage software was inaccurate stating it would work within military accommodation at the xxxxxxxxx and it didn’t. 3. After numerous recorded telephone conversations with “Three’s” Technical Department and Customer Services the Customer Services operator advised the Defendant to return the mobile dongle to “Three” and the account would be closed with no more monies owing to “Three”. 4. The Defendant sent the dongle back to “Three” in a padded envelope as advised by “Three”. 5. Paragraph 2 is denied. The Defendant denies failing to maintain the required payments to “Three”. It is not admitted that any valid Default Notice was ever served. It is denied that I have failed to respond to demands for payment sent by the claimant and/or its agents. The Claimant is put to strict proof that any such demands have sent to me by the claimant. 6. Paragraph 3 is denied with regards to the Defendant being informed the Agreement was assigned to the Claimant. Claimant has yet to disclose any such documentation as requested by CPR 31.14 The claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement/contract; and (b) show proof the Defendant was sent default notice andtermination notice/demand notices; and © show how the Claimant has the legal right, either understatute or equity to issue a claim; and (d) show how the Defendant has reached the amount claimed for. 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. Notwithstanding the above, should the alleged amount claimed include an early termination charge(s) amounting to the entire balance of the remaining contract. OFCOM guidance states that any Early Termination Charge that is made up of the entire balance if the remaining contract is unlikely to be fair as it fails to take into account the fact that the provider no longer has to provide and pay for their service. 10. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. I sent a CPR 31.14 request on the 14th Dec recorded to Lowell Portfolio Ltd and Lowell Solicitors Limited. On the 16th Dec I received an acknowledgement receipt of your defence stating claimant has 28 days to proceed. On the 17th Dec I received a Notice of Claim Issue dated 14th Dec from Lowell Solicitors as follows: As you are aware, we represent Lowell Portfolio I Ltd. We have now issued Legal Proceedings in the form of a CCC which you will shortly receive directly from the NCC as you have failed to make payment towards this debt or respond to our letter of claim. It then goes on about totals and what you need to do now. As I received their letter on the 17th Lowell Portfolio Ltd and Lowell Solicitors Limited both signed for my recorded CPR request. From Lowell Solicitors a letter dated 30 Dec, envelope says 03/01/17 and was received 6th Jan as follows: Thank you for your letter dated 13 December 2016. We note the contents and write to advise you that the documents have been requested from our Client and we will forward these onto you upon receipt. However, legal proceedings have now been issued and you are required to respond to any court documentation that is sent to you. We look forward to hearing from you. I have heard nothing since either from the Court or Lowell's, I think if my maths are correct that the claim is now stayed 14th Dec – 19th Jan even allowing Bank Holidays its been 36 days. So do I leave it stayed or request it struck out?
  23. Hi all, Today my wife received rather thick envelope containing letters from Lowell and BW Legal, containg a reply form, which after looking about online seems like a new thing (pre action Protocol?). My wife hasnt heard anything about this debt in a very long time, plus we moved home last year so that possibly hasnt helped matters. The debt is for Vanquis Bank (Credit Card) and was defaulted on 31/10/2012 - no payments have been made since before this date and its approaching being statute barred. Whats the best way to proceed WITHOUT acknowledging the debt? Do I tick boxes D to dispute the debt and tick box I and ask for more information? If so what information? Should I also sent a normal CCA letter with the reply form? Do I now just deal with BW Legal seen as all this has come from them as Lowel say it has been sent BW Legal? Many thanks Martyn
  24. Hey. Newbie here.. Okay, Sorry this might be a long one as I don't want to miss anything out! So over the 26 years ive been alive I have got myself in a pickle; default city to be honest, mostly low-level everything combined is under 8k. I have just got a lump sum of money to pay off my debts to help recover my credit score so I can one day buy a house. Now checking my credit score I started going through one by one going to pay them off, I got to Lloyds and they have sold my 3 debts to two companies ( 1 is Credit Security LTD and 2 is Robbins way ), I have had these loans outstanding for 3 years or so and they have never contacted me ( got 2 letters from credit security but nothing from robins way ) i only found this out ringing up Lloyds, the default shows up on my credit file from Lloyds and that's it. Do I contact these people or not? I can't remove the Default either way so what should I do? and if I don't do anything that can happen, the amounts of these are £1525. £870.00 & £1800. This is where my second question comes in, my old phone contracts ( yes I was stupid ) have been sold to Lowell, now I never ever saw them as a threatening as they would send letter after letter and that's it nothing came of it for a few years ( back from 2014 2016 2017), stupidly when I decided to set up a DMP a year ago it classed as I made contact with them ( so resets the 6 year time frame ), now they have now left 3 defaults on my credit file, why is it under THEIR name and not orange etc like the Lloyds? I paid them £50.00 today and going to call up to pay a payment plan, I do have enough money to pay them all off today but is it worth it or just paying per month and keep some money aside? (it's 2400 altogether), now reflecting back on that should I of paid them or just ignore them as it would have got written off? Why have THEY put the default on my account instead of the business itself and not the other company that's taken over my Lloyds account? Why is my Credit file showing nothing of these other debt companies, if it is not on your credit report does it really matter? Sorry, I'm a little bit of a newbie at this! I know when default goes on your credit file it stays there for 6 years and there is nothing I can do about that.. right?
  25. Name of the Claimant ? Lowell Portfolio I Ltd Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/01/2019 Particulars of Claim What is the claim for – the reason they have issued the claim? 1) The Defendant opened a Bank of Scotland ( Credit Card) regulated consumer credit account under reference xxxxxxxxxx on 08/06/2009 ('the Agreement') 2) In breach of the Agreement, the Defendant failed to maintain the required payments and the Agreement was terminated. 3) The Agreement was later assigned to the Claimant on 17/06/2015 and written notice given to the Defendant. 4)Despite repeated requests for payment, the sum of £3,229.76 remains due and outstanding. And the Claimant claims a) The said sum of £3229,76 b) The interest pursuant to s69 Count 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 £0.708, but limited to one year, being £258.38 c)costs Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes in January 2018 Did you inform the claimant of your change of address? No What is the total value of the claim? £3753.14 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Yes, credit card When did you enter into the original agreement before or after April 2007 'Don't remember, may well have been 08/06/2009 as mentioned in the claim particulars Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. The debt purchaser issued the claim Were you aware the account had been assigned – did you receive a Notice of Assignment? I dont remember receiving one Did you receive a Default Notice from the original creditor? Don't remember Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year TBH as soon as I see Lowell on the letter head I tend not to read it - Why did you cease payments? Financial difficulties What was the date of your last payment? 04/12/2012 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'll be sending a CCA and a CPR31.14 request off tomorrow. I was planning a defence based upon SB but with the last payment being 04/12/2012 I don't think that will stick as the COA date doesn't seem to be the last payment date any longer? 2012/13 was a really bad 12 months financially and personally and Lowell have been harassing me for every defaulted debt from this period for a long time. Lowell already have 3 CCJ's on my file, for 2 of them they placed a charge on my property. These were paid when I moved house at the start of 2018. I don't want a new CCJ and I hate the thought of having to pay these guys a single penny more. Any and all help gratefully received
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