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  1. Hello everyone. I am helping my partner defend a recent claim received from Bryan Carter on behalf of Lowell. There were some outstanding debts on my partner’s credit file upon our return from living abroad for the past six years (winter 2008 to winter 2014) but all default dates were shown between March and May 2009 and have since dropped off as they were over six years old. Since receiving the claim and prior to finding this excellent forum the claim was acknowledged I posted an edited template found on another site to Bryan Cater stating the debt is statute barred and encouraging them to discontinue the claim. A reply to this letter has been received alleging a payment of £1 was made to the account in July 2010. Today after researching on the forum a CCA request has been sent to Lowell and a CPR 31.14 request to Bryan Carter. I appreciate any help in dealing with this phantom payment and submitting an adequately worded defence. Name of the Claimant? LOWELL PORTFOLIO I LTD Date of issue? 27 AUG 2015 What is the claim for? 1.THE CLAIMANTS CLAIM IS FOR THE SUM OF 671–, 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 — AND ASSIGNED TO THE CLAIMANT ON 06/10/2009, NOTICE OF WHICH HAS BEEN GIVEN TO THE DEFENDANT. 2.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 671– 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 53– What is the value of the claim? 855– 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? Unsure, but probably 2008 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. purchaser Were you aware the account had been assigned — did you receive a Notice of Assignment? No. Had been living abroad between 2008 and 2014. 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 hard ship. What was the date of your last payment? Unsure, it is possible no payment was ever made. 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.
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