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Lowell/ claim form.- 2005ish HFC laptop loan 'debt'


sofcal
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Hi all,

 

I received a claim form today from County court business centre, Nottingham and

I'm not sure the best way to deal with it.

 

 

I'll type out the particulars of the form below, but here's some background first.

 

 

I received credit from HFC bank while at uni,

I'm fuzzy on the dates,

but believe I was in second year which must make the date late 2005/early 2006.

 

 

Early 2008 I moved to Lancaster and shortly after that stopped making payments due to numerous factors

(depression caused me to drop out of the job I had at the time and left me a bit destitute).

 

in the last year or so I began receiving letters about the debt and for better or worse, ignored them

- mainly because I realised it was a debt company and felt a little annoyed by the constant mailing.

 

 

Today I received the claim form:

Name of Claimant: Lowell Protfolio Ltd;

Issue Date: 23 Oct 2014;

Particulars of Claim:

"The claimants claim is for the sum of 37X.XX,

being moneys due from the defendant to the claimant

under an agreement regulated by the consumer credit act 1974

between the defendant and HFC Bank LTD

under Accounts refrerence XXXX and assigned to the claimant on 24/10/2013....

 

The defendant failed to maintain....

A default notice has been served which has not been complied with

And the claimant claims 37X.XX

 

The claimant also claims statutory interest pursuant to s.69 of the count 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 30.XX"

 

The claim is for a laptop bought via curries (I believe)

but I have no idea of any exact dates,

from my reckoning it should be 6 years since I last paid them

and I haven't made any acknowledgement.

If I am still legally bound to pay, then fair enough,

but I'd like to know what to do next in order to find that out.

 

Any help would be greatly appreciated and I'll provide any information I can.

 

Also, I've just signed up to the experian free trial to see if this is on my record anywhere,

but it'll be 5 days before the PIN arrives for me to check.

 

Thanks in advance,

sof

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goto noddle listed below

that's free and instant normally

 

have you ack'd the claim yet on MCOL?, defend all.

 

who are the solicitors, BW or carter?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I've just managed to check old statements online (turns out my bank has a lot of records available). It seems the last payment I made to HFC was 08 dec 2008. Does that basically mean I have no choice but to pay?

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goto noddle listed below

that's free and instant normally

 

have you ack'd the claim yet on MCOL?, defend all.

 

who are the solicitors, BW or carter?

 

dx

 

Hi, thanks for the reply.

 

I haven't done anything with the claim yet, I wanted to check with experienced people first. The solicitors are Bryan Carter.

 

I'll check the link, thank you

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send a CCA request and a CPR 31:14 to LOWELLS.

 

they'll have a job to find the agreement

as HFC shred most things years ago.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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go onto MCOL website

 

register/create a username

 

then log in using those details

 

then goto AOS

and using the details from the claimform [password]

 

defend all

ddont tick juris

 

exit mcol

 

you'll get an ack its been done.

 

you don't have to enter a defence until midnight day 33

where day 1 is the date on the claimform

 

get that CCA request off

don't sign the letter use a BLANK £1 PO

 

send that and a CPR31:14

from the legal section of the library tab top left

 

to LOWELLS.

....

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 4 weeks later...

Hi again.

 

I sent the CCA to Lowell's over a fortnight ago now (I have the recorded delivery info for when it arrived) and I've heard nothing back. I have another week or so to log my defence, hence my reappearing here.

 

I'm assuming that my defence should mostly revolve around the fact they have failed to provide me with the credit agreement?

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correct

std holding/no paperwork defence

on numerous threads here

 

 

and in the

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-DCA-Legal-Successes

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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