Lowell/cater claimform - cat 'debt'

[Bedonde]

Hi, I've been issued a claim (around 2 weeks ago), dated 11 June from Bryan Carter. I needed to register with Money Claim Online for my code, which I did but have not recieved anything in the post yet.

 

How long do I have to acknowlege the claim? Also is there a phone number for the Mcol people, I can't seem to find one....

 

Many Thanks

[theoldrouge]

5 days deemed served, 14 to acknowledge further 14 to submit defence. MCOL should be instant

 

could you please answer the following the more info you can give the better-

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**

[dx100uk]

if it was the 11th of june on the claimform you've missed it

 

 

.

dx

[dx100uk]

would of though by now you'd have know what to do

and by when as this is your third? court claim now

 

dx

[Bedonde]

The other claims were for other people with Mcol accounts.

 

This is actually for me, I don't have an Mcol account - it said they were going to send a code in the post, so I could log in to my account, I've recieved nothing and can't find a phone number to phone them.

 

The claim Issue date is 11th June, but was only recieved about 2 weeks ago, I made an Mcol account around 1.5 weeks ago and have been waiting for the stuff to arrive in the post.

[Bedonde]

5 days deemed served, 14 to acknowledge further 14 to submit defence. MCOL should be instant

 

Looks like it has been missed then,

[Bedonde]

it was a cat debt with no credit agreement signed...

[Bedonde]

I've acknowleged service but it won't be processed until monday - how do I know if it has been accepted or not, so I can start my defence?

[dx100uk]

that's ok don't sweat on that for the mo.

 

so you did get the claim pack direct from the court on time

not via carter 2 weeks late?

 

dx

[Bedonde]

To be honest I'm not sure who it came from, think it was a brown envelope.

 

It turned up on Saturday 19th if I remember rightly, so not 2 weeks late but still quite late I assume for these things - I then registered with Mcol on the 23rd realising what the date was on the letter then, but had been waiting for login info from the court without realising I already had it in my possesion.

[dx100uk]

thread tidied

 

ok can you fill this in please and post the results here:

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?170-Financial-Legal-Issues

[Bedonde]

Thanks dx100uk, link isn't working for me though. Just takes me to 'financial legal section'.

[AndyOrch]

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**(1-Viewing)-nbsp

[Bedonde]

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.

 

11th June 2014

 

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)

 

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.

 

This Claim is for £250 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 I ltd on 07/01/2013 and notice served pursuant to the law of property act 1925

 

particulars re : JD Williams

a/c number : >>>>>>>

 

and the claimant claims £250

 

the claimant also claims interest pursuant to s69 county court act 1984 from 07/01/2013 to date at 8% per annum amounting to 23.98

 

 

What is the value of the claim?

 

£250

 

Has the claimant included section 69 interesticon (8%)within the total claim

or is it shown separate within the Particulars but not added to the debt?

 

It's in the amount claimed at the end tally thing

 

Is the claim for a current or credit/loan account or mobile phone account?

 

No

 

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.

 

The debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?

 

I dont remember

 

Did you receive a Default Notice from the original creditor?

 

Im not sure

 

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

 

Im not sure

 

Why did you cease payments:-

 

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?

 

No

[Bedonde]

Just looking on the Mcol website :

 

"Your acknowledgment of service was received on 07/07/2014"

 

Does that mean I they will let me defend? (despite it being a bit late).

[AndyOrch]

If its accepted your AoS in theory it should accept a defence.

[dx100uk]

I make it you have till midnight sunday to file.

 

what papers have you got about the debt.

what if any paperwork have you requested.

 

dx

[Bedonde]

I've not requested any paperwork at all. Papers I have about the debt, off the top of my head I think are just statements, warning letters and then lowell/bryan carter letters.

[Bedonde]

Okay got home early from work so had a chance to look for some paperwork, I have :

 

Letters from various debt companies about this, I have letters from Reliable collections, Frederikson International, Lewis Debt Recovery, Hamptons Legal and finally Lowell Portfolio.

 

What is the best way to proceed with the defence here? I want to get it done either tonight or tomorrow as not long to get it in!

[dx100uk]

sadly as we didn't know about this until the 5th of july- claimform date being 11th june

 

you've missed using the 33 days in which you could have sent CCA and CPR in.

 

you state earlier its a cat debt with no signed agreement

how do you know this?

 

and when was your last payment?

 

what info can you gleam from your credit file too on this debt

 

yu say its post 2007 so having no signed agreement might not cut it.

 

have you found all the documents they relate to in their PoC?

 

NOA, DN etc etc

 

 

 

dx

[Bedonde]

Hi, Dx - the cat debt has no signed agreement, because I never signed one.

 

My last payment I'm not 100% as I'm missing statements 7/8 but on statement 6 it says I paid £20 on the 22nd July 2011. I then have an arrears letter from Jacamo Sept '11, so I think that probably was the last payment from me.

 

There is no documents mentioned in the POC, just "an agreement between the original creditor and the defendant" which I do not have.

 

I haven't yet checked my credit file but am happy to do so, where is the best place to get an instant reading - I've had trouble before with some places...

[dx100uk]

if its post apr 2007

and done online

they don't need a signed agreement

your 1st order is the ack of the agreement.

 

they mention the assignment so atleast the NOA is relevant.

 

however.

 

i'm not sure what you can do as its not SB'd either

 

p'haps Andyo might have a clue.

 

dx

[Bedonde]

Yes it was done online, ahh I see didn't know that.

 

Okay thanks for your help as usual, Andy if you have any advice I would be most grateful.

 

Whatever happens, lesson learn't though, I need to check the dates on these things if/when they come through :\

[Bedonde]

Okay I just checked my credit file online, it appears there is a default on the file from Lowell. I've got 2 days left to file a defence, any ideas on how to proceed with this? (if at all!).

[Bedonde]

I should add to the above, that Lowell have also added an old mobile phone account for £1200 at the same time for a default (but have never had court papers or anything over it?)