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Lowell claim form - old shop direct CAT debt ***Claim Dismissed***


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hi hoping that someone can help.

 

Thanks in advance.

 

Name of the Claimant ? lowell portfolio

Date of issue – 20 mar 2015

What is the claim for –

 

Claim is for £1174, 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 28/12/2012 and notice served pursuant to the law of property act 1925.

 

Particulars re shop direct. a/c No xxxxxx

 

And the claimant claims £1174

 

The claimant also claims statutory interest pusuant to s.69 of the county act 1984 at a rate of 8% per annum

from the date of the assignement of the agreement to date but limited to a maximum of one year and a maximum of 1000 amounting to 93.99

 

What is the value of the claim? £1268

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Catalogue account

When did you enter into the original agreement before or after 2007? not sure

 

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? not sure

Did you receive a Default Notice from the original creditor? yes defaulted CRA file 18/12/2012

 

 

Account opened 15/5/2007 ....

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? not sure

Why did you cease payments? because i know the interest was wrong

What was the date of your last payment? not sure

Was there a dispute with the original creditor that remains unresolved? yes

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan? phone calls

 

My wife took out a catalogue a number of years ago and purchased some items on interest free if they were payed off within six months.

She became ill (is now registered disabled) and i took over the job of making payments which i did over the telephone.

 

Unknown to me and my wife to allocated money to individual items you had to state it which we did not

and hence ended up with interest charges which i refused to pay as i believe they were fraudulent.

 

the account was subsequently passed to a number of debt collection agencies who i have ignored until

last friday i had a county claim form from Lowell.

I am incensed that this has appeared and wondered if i can get some help as i do not believe i should pay this.

 

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Hi and welcome to CAG. Sorry you were missed.

 

I will move your thread to the legal forum where more appropriate help is likely to be.

 

carry on psting, this is just an admin job and doesn't affect anything you do.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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ack the claim on MCOL website

defend all

leave juris unticked

 

 

get a CCA request off to lowells

Blank £1PO don't sign anything

 

 

get the relevant CPR 31:14 from the legal section of the top green library tab off to the sols

 

 

who are the sols please? cater or BW

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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Hi DX100UK. thanks for the info, i have signed into mcol website and started the defense but not sure what to put in the defense particulars box. help again please. thanks in advance.

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you don't file defence yet.

 

 

simply follow my guide above.

 

 

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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Hi DX100UK

 

 

i did follow your guidance

 

 

but have clicked the response form and started the defend claim process. rubbish!

 

 

sorry really lost now.

 

 

had a call from Bryan carter this evening but hung up. hope i havent messed this up??

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no - good move

never talk on the phone

 

 

you are selecting AOS on MCOL after using the details from the claim form aren't you?

 

 

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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you missed a question out above ..when was this cat debt taken out please?

 

 

now get the rest of post 3 done too please

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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can you check her credit file please

via noddle

see below

 

 

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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ouch so just outside apr 2007

so they could get away wit supplying a recon agreement.

 

 

best you do some reading in this forum.

 

 

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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thanks dx exactly the sort of thing i didnt want to hear.

 

 

have had a quick look.

 

 

guess i have no choice but to carry on anyway as the letters were sent today and cant stop them now.

 

 

the worse that can happen is that i will have to pay them which would really annoy me as i know i owe them nothing.

 

 

thanks for your continued help though

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why do you regret sending the letters to make them prove their speculative claim?

 

 

puzzled?

 

 

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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nope answer post 16

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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no need to do that

 

 

register a new user with MCOL site

then sign in

and using the info from the claimform

select AOS

defend all

leave juris unticked.

 

 

get a CPR 31:14 off to the sols

[green library tab top left legal section

 

 

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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Hi DX just had a response from Bryan Carter solicitors as follows:

 

We write further to your letter Dated 30th March 2015 requesting disclosure under part 31 of the Civil Procedure Rules.

 

We confirm this matter will most properly be allocated to the small claims track as this is a simple contractual matter and part 31 of the Civil procedure Rules will therefore not apply. In any event the Notices Of Default and assignement left the control of the claimant when they were dispatched to you.

 

It is the original creditors policy to issue the agreement at the start of the contract and statements throughout the duration of the account.

 

In this regard our client is not agreeable to an extension for filing defence.

 

A claim was issued in this matter on or around the 20th March 2015 and we are in receipt of your Acknowledgement of Service and note your intention to file a defence.

 

We recommend you seek independent legal advice.

 

 

Not sure where i go from here. help??

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usual reply

you need to go read a few carter threads and get upto speed.

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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why do you want to give them more time to magic up documents

 

 

you file your defence on time regardless

by day 33

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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thanks again DX will start reading Carter threads now.

 

hi dx, have looked at lots of posts and come across one where a CPR18 letter was sent. can i send one now as they have not provided me with any info?? thanks

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No...CPR 18 does not apply to Small Claims Track.

 

Andy

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