Lowell/Carter claimform - Shop Direct CAT 'debt'

[persha50]

Hi - I have just received in the post a claim form from County Court Business Centre

issued on 13/08/15 for an alleged debt for Shop Direct from Lowell Portfolio.

 

The form has no official stamp and does not have a signature only a typed name IAN MARSDEN which it says is the claimants solicitor, who are Brian Carter Solicitors.

 

Is this form genuine?

I have never received any proof of this debt.

 

I have just tried the contact number 0300 123 1056 and it just rings (its Saturday).

 

There is something on the form that says I should go online to moneyclaim.gov.uk and it also gives me a password.

HELP!!!

Sharon

 

PS : FYI you helped me out with a Lowell claim quite a few years ago

and they wrote back to say that they would be writing off the alleged debt of +/-£2000,

so your advice most definitely does work!!!

[shamrocker]

Hi.. the first thing you need to do is provide the details asked for in this link - obviously, supply those details here on this thread: http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

 

PS : FYI you helped me out with a Lowell claim quite a few years ago and they wrote back to say that they would be writing off the alleged debt of +/-£2000, so your advice most definitely does work!!!

 

Did you ever receive any proof that the alleged debt was written off - e.g. what does it say on your credit file?

[SabreSheep]

Hi there

 

First of all. under no circumstances use your phone (or anyone elses)

 

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

 

Post the answers to the questions on this thread to get the ball rolling.

 

 

People can then advise you the best way forward and what you must do and by when to avoid a default judgment against you.

 

Three - Do not panic, there is time to get this RIGHT, no need to rush into things.

[dx100uk]

never ring carter ever!

 

go get your credit file too.

does this debt show?

 

 

dx

[fkofilee]

That number is the CCBC , not Bryan Carter... I suspect they are a Mon - Fri Jobby...

Fill in the link in post 3 and paste it back here.

[persha50]

Hi - thanks for the quick reply.

 

Would I be able to scan a copy of the claim form in and post it on the link you have provided as it gives most of the info there, ie date of issue etc.

 

To be honest I cannot remember receiving anything from them regarding this debt

and if I did I would've chucked it away as I know what scaremongers they are

and I will not be bullied or intimated into anything,

and as soon as you make contact that its they have you and will not stop.

 

The debt they wrote off was about 8 years ago and for another alleged debt they said I owed

but I used the advice from your forum which got them to write the £2000 off, just proving how valuable you advice is.

 

Also just a thought,

the documents are addressed to TONY xxxxxxxx but full name is ANTONIO as is all id etc.

 

 

Does that make any difference as they have the name wrong, although hubby is called Tony by friends and family.

Sharon

[dx100uk]

Makes no odds

 

Can you please copy that linked post of questions to a quick reply box here and then put your answers after each question.

 

Makes things easier for us in that tried and tested format.

 

DX

[persha50]

Will do and thanks

[persha50]

Hi below are the answers to your questions on your link. I have also attached a copy of the first page. Is the claim a genuine one as there is no signature or stamp. Also name is ANTONIO but they have put TONY on the form, does that make any difference?

Again thank you all for your advice!!!

Sharon

 

ANWSERS:

Name of claimantBrian Carter solicitors on behalf of Lowell.

Date of issue

13 August 2015

 

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

Ithe claim is for 278.52 . the amount due under an agreement between the original creditor and the defendant

provide finance and/or services and/or goods.

the debt was assigned to /purchased by Lowell portfolio 1 ltd.

pursuant to the law of property act 1925

particulars

shop direct

AC No. XXXXXXXX

and the claimant claims 278.52

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

from the date of assignment of the agreement to date but limited to a maximumof one year

and a minimum of 1000 amounting to 2*.27

 

What is the value of the claim?

£278,52 please court & solicitor fees making total £385.79

 

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

No

 

When did you enter into the original agreement before or after 2007?

After 2007 but no sure what the alleged amount is for as have not received full details from Lowell as have been ingoring any correspondence/calls from them as they are very intimidating.

 

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.

Assigned to Lowell

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

No too sure about receiving assignment notice.

 

Did you receive a Default Notice from the original creditor?

Not that I am aware of.

 

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

No

 

Why did you cease payments?

Financial difficulties

 

What was the date of your last payment?

+/- 2 years ago

 

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

N/A

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?

Yes

 

Edited August 18, 2015 by dx100uk
poc inserted

[honeybee13]

Hello there.

 

I suggest you take the number off the claim form because you can be identified by that. Use something like Paint to obscure it.

 

HB

[persha50]

[ATTACH=CONFIG]58934[/ATTACH]Thanks - have done a review one and removed (hopefully) the other one.

[honeybee13]

That looks good.

 

HB

[dx100uk]

can we have the Particulars Of Claim please

 

this sounds a std claimform.

 

the name issue as I said make no odds.

 

and go get his credit file

[persha50]

Hi should I get credit file from both Experian and Equifax or is just from one ok.

I can do it online so don't have to wait for it to be posted.

Sharon

[persha50]

Just been online and yes its on his credit file. See entry below.

[dx100uk]

need to remove all barcodes from claimform.

 

unapproved.

 

was there a password in the important info box ?

[persha50]

Hi - yes there was.

[dx100uk]

good

well std claimform then

 

get it ACK'd defend all on the MCOL website

 

and get a CCA request running to lowells

 

and a CRP running to carter

cPR is in the legal section of the library.

[persha50]

Hi - thanks for quick response - will get letters sorted today.

 

Also where do I find the address for Lowell as do not have any letters from them,

can I just google it?

 

Also received today a letter from Brian Carter dated 14th August advising that litigation proceedings in the County Court have now been issued

and I will received a claim form in the next 48 hours direct from the court.

 

The claim form I received from the County Court is dated 13 August. Surely they should write BEFORE not after.

 

Do I need to send any of the Court forms date for time extension.

 

Also are the 14 days + 5 days working days?

 

If yes can this be done online via the claim number and password on the claim form?

 

Sorry for all the questions but would be lost (and broke) with out your help.

 

Sharon

[Old Cogger]

Ellington House, Leeds Valley Park West, 9 Savannah Way, Leeds, West Yorkshire LS10 1AB

Lowell Group, Address

[dx100uk]

you do not ask for an extension

why give the fleecers more time to magic up paperwork?

 

goto the MCOL website

 

register as a new individual user

note the long number given.

 

log into MCOL using the above details you just made.

 

select respond to a claim [AOS] box

 

then using the required details from claimform

ack the claim

defend all

leave juris unticked

 

exit mcol

 

job done

...............

 

for your ref

the days are calendar days [33 days whereby day one is the date on the claimform]

 

so you need to file your defence by 4pm Monday 14th sept

 

dx

[markwales]

would my thread be of any use here dx100 as very similar circumstances??

[persha50]

Hi - doing the letter for Bryan Carter

in the Particulars of Claim there is not mention of any documents

it just says debt was assigned/purchased.

 

There is no mention of assignment of debt, default notice, termination notice etc.

 

Also it says in the letter that I have returned acknowledgement to the court and that I will contest, but I have not done this,

should I do this, if yes can it be done online or do I phone them???

 

Sorry for all the questions but have never done this.

 

Hi - please ignore the bit about what to do re responding to claim did not read the response from dx100 properly!!!!

 

So just to be clear I just need to know what to say in letter Bryan Carter re what documents they need to send me.

[shamrocker]

So just to be clear I just need to know what to say in letter Bryan Carter re what documents they need to send me.

 

What letter are you planning on writing?

[persha50]

Hi - its the CPR letter

 

 

[template removed] dx

 

 

 

 

 

 

 

 

 

 

.

 

 

I have also attached another copy of the CC form as don't know where to look to find out what documents I must ask Bryan Carter for.

 

I have done the one to Lowell with the £1 charge.

 

 

[ATTACH=CONFIG]58986[/ATTACH]

Edited August 20, 2015 by dx100uk
please do not post templates in the open forum...dx