lowells claimform - old M+S Card debt***Claim Discontinued***

[cerberusalert]

Just wait for their next move.

[skybluechic]

Hi again, all has been quiet in this for several months but today I received a letter from credit security limited asking for settlement within 7 days.

 

Not too sure what my next move should be,

 

does anybody have any ideas?

 

is anyone able to advise what my next move should be on this as

 

 

I have today received another letter from credit security ltd and they will be sending a debt collector to collect payment!

 

Any advice would be much appreciated! Thx!

 

I am now planning to write a letter to credit security ltd asking if they own the debt?

 

 

Is this the right thing to do?

 

 

As previously posted I could have a case against m&s as the dn is defective,

should I also be writing to m&s? Thx!!

[olliepup]

Write them a letter stating that under english law of tort that only a postman may call without an appointment and they may not, and you do not wish to make an appointment with any of there representitives, if they call you will call the police.

 

Think its correct, i sent that to scotcall which got them off my back.

 

Good luck.

[nicklea]

I would disagree with the above advice. They will not send a collector out to you - this is just a scare tactic.

 

If your debt has been sold to this new company, rather than them just acting as debt collectors then writing to them would be a very bad move indeed. If you do write to them then you are acknowledging that you have received notice that the debt has been sold to them and this will remove a strong defence that you will have if this goes to court.

[skybluechic]

Ok thanks for the advice, do I just wait to see what they do next or is there anything else that I could do?

 

Thx

[nicklea]

just wait and see what they do next

[skybluechic]

Hi, I am still receiving letters from credit security limited with regards to this.

 

 

I have only received 2 letters this year but they are still threatening a doorstep collection and they also offered me a reduced sum settlement, of which I have completely ignored.

 

 

Should I still keep ignoring them or is there anything that I should do?

 

Thanks

[skybluechic]

Hi,

Can anybody please off any advice on this?

 

 

The latest on this issue is the account has been sold to Sigma red in which I received notice of in January 2012.

 

 

The letter came from Sigma red and not M+S therefore I have not received an official notice of assignment, should I have?.

 

 

It had been fairly quiet until last week when I received a letter from Resolvecall,

i have now had resolvecall knocking on my door at home twice in 4 days.

 

 

Now I have had a good look at the letters that have been sent by Sigma and I have realised that they have sent me a letter saying thank you for your recent payment...blah blah blah,

 

 

I have not made a payment on this account and looking back at the letters they have now deducted 2 gbp from the account.

 

 

Is this a trick to make out I have made a payment or for me to get in touch???

 

Should I send a letter to resolvecall stating that they are not to visit me etc without appointment.

 

 

I am really worried about them hassling me or catching me outside the house or something as I have a new baby and they seem quite persistent.

 

 

Would sending them a letter somehow acknowledge that I own the debt?

If so is there anything else I can do to get them off my backs?

 

Any help is very much appreciated.

[giveITallback]

Depending on what the sar shows up but it is possible that you will not have to pay a penny + you will be able to demand the removal of the default and possibly have a claim for compensation.

 

Hi,

 

So I could in theory go back and check all my defaut notices from OC's and if they have made this error and entered defalts on my file I can put in a claim for compensation?

[BRIGADIER2JCS]

The notice sent is correct, take a look through the ''legalities'' of NOAs they can be sent by the OC the new owner or both often in the same envelope a technicality which is of no real benefit.

 

Compenasation for what??

[giveITallback]

Compenasation for what??

 

If I were to check my DN's and they have same issue as here, the amount of time given was not taking into consideration postage time and judgements were entered with CRA's.

[Ganymede]

If I were to check my DN's and they have same issue as here, the amount of time given was not taking into consideration postage time and judgements were entered with CRA's.

 

 

Regardles of whether the DN was defective or not the OC can still register a default. Unless of course this was mistaken identity etc which I don't think it is...

[skybluechic]

Hi thank you for you responses,

sorry I am a little confused by this.

 

 

I have checked my credit report and the OC default has now gone and a default from SIgma red has appeared with a default date the same as the OC.

 

I have a couple of questions...

 

1. It has been previsouly mentioned that the DN is defective due to no time being allowed for postage. Is this still the case if so what does this mean .i.e should I inform the currrent creditor of this or not. If they were to take me to court would this stand up and if so would I have to then pay the arrears stated in DN?

 

2. I am still really worried about the debt collector knocking on my door, should I send a letter telling them they cannot visit my property without appointment in which I do not intend to make) or will this somehow be taken as an aknowledgment of the debt?

 

3. Is there any reason why the current creditor is thanking me for my payment when I haven't made one?

 

Sorry I am really struggling to get my head around what to do and any advice is much appreciated

[skybluechic]

Hi, with regards to the M&S card I had issues with in this thread,

 

 

I have now received a letter from Lowells stating they have bought the Debt.

 

 

In my eyes the debt is statute barred as I have not made a payment since early 2008

and have not acknowledged the debt.

 

 

My concern is in my above thread I mentioned that I had received a thank you for you payment from the creditor

which I can only assume was the fee for the SAR as I did not make any payments.

 

 

Lowells are trying to ring me everyday and sending letters asking to set up a payment plan.

 

 

Can anyone advise what or if anything I should do now?

 

 

Thanks

[dx100uk]

ignore them

 

its sb'd

 

if they are stupid enough to issue a Claimform

 

the sb defence wil kill it dead

[skybluechic]

Hi,

 

The latest on this is that I have received numerous letters from Lowell portfolio and solicitors chasing for the money and threatening court action in which I have ignored.

 

 

I have today received a county court claim form relating to this.

 

 

The debt is statute barred so I will dispute on those grounds

 

 

however I am worried about my comments in the earlier threads relating to sigma red showing a payment by me of £2 which I did not make in Jan 2012.

 

 

Is this anything to worry about?

[dx100uk]

please fill this out:

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**

[skybluechic]

Name of the Claimant ? Lowell Portfolio Ltd

 

Date of issue – 12/04/2017

Date to submit defence: 14/05/2017

 

What is the claim for – the reason they have issued the claim?

1)The Defendant entered into a Consumer Credit Act 1974 regulated agreement with Marks and Spencers Bank Account under account reference **************** (‘the agreement’).

2)The Defendant failed to maintain the required payments and a default notice was served and not complied with.

3)the Agreement was later assigned to the Claimant on **/12/2015 and notice given to the Defendant.

4)Despite repeated requests for payment the sum of £7***.** remains due and outstanding.

And the claimant claims

a) the said sum of £7***.**

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 £1.***, but limited to one year, being £6**.**

c) Costs

What is the value of the claim?

£87**.** (including 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 2007 (August 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. Debt assigned and claim issued by debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Received notice of assignment that M&s sold to Sigma SVP1 Limited in December 2011, but never received notice of assignment to Lowell but have moved house twice in 3 years)

 

Did you receive a Default Notice from the original creditor? Yes copy attached earlier in thread

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?

No cant find any paperwork of this nature

 

Why did you cease payments? Partner lost his job and I had to cover mortgage and other priority bills

What was the date of your last payment? November 2007

 

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 not that I recall

[skybluechic]

Is there anything that I should be doing with regards to responding to this?

 

Many thanks!!

[dx100uk]

opps missed you ..............

 

 

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm

 

 

then you can enter the following SB defence which will kill the claim dead.

 

 

The following defence is all you need if it is SB

 

1 The Claimant's claim was issued on (insert date).

2 The Defendant 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 £[insert figure from their POC] or any other sum, or relief of any kind is denied.

..

..ends..

 

 

the supposed payments to red are immaterial ignore them.

.

dx

[skybluechic]

No worries, thanks DX!! I have completed the AOS as above, should I now start the defence or do I need to wait?

[dx100uk]

yes file it now if you are 1000% its SB'd its in post 45

[skybluechic]

Hi,

I filed my defence and have now received a copy of the Directions Questionnaire from Lowells which they say they have lodged with the court.

 

 

The letter says I will shortly receive one too and that the court will use the information contained in both our copies to make decisions about how the case should proceed.

I haven't received my questionnaire yet but just wondered what this was all about?

 

Thanks

[AndyOrch]

Its the allocation of the claim stage..this transfers the claim to your local county court and correct track... do not do anything until you receive your DQ from the court.

 

Regards

 

Andy

[skybluechic]

Thanks Andy, I will await my DQ.