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lips37

Lowell/Lowell's claimform - old shop direct cat debt - prob sb'd

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I received a court letter a few days ago from Lowells solicitors for a court summons for a dept that is over six years old. the last time i paid anything was in 2008, what should i do?

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Complete defence will be the debt is statute barred.

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Particulars of claim

 

It was assigned to the claimant on 30/11/2009

 

What is statute Barred?

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Particulars of claim

 

It was assigned to the claimant on 30/11/2009

 

What is statute Barred?

 

If you are 110% certain that it is Statue Barred (No payment or acknowledgment) for over 6 six years, you have a cast iron defence.

 

Can you confirm it's statue barred?

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If you are 110% sure, your defence from Andyorch

 

Defence

 

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

 

2 The Claimant 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 actlink3.gif 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 £x or any other sum, or relief of any kind is denied.

 

Regards

 

Andy

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Make sure you post up their POC so we can adjust the defense for you.

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How do i confirm this?

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No payment has been made in the last 6 years and no acknowledgement with them

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How do i post the POC?

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Hi Lips

 

If you would read the following link then copy and post your responses here...so we can best advise on how to proceed with the claim.

 

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

 

Regards

 

Andy


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Name of the Claimant ? Lowells

 

Date of issue – 11/01/2016

 

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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 shop direct under acc ref XXXXXX (*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 30/11/2009 and notice given to the Defendant

4) Despite repeated requests for payment the sum of £2,015.62 remains due and outstanding

And the Claimant claims

A) The sum of £2,015.62

B) Interest Pursuant to s69 county courts act 1984 at the rate of 8% per annuim from the date of the assignment to the date of issue,

accruing to a daily rate of £0.44, but limited to one year, being £161.25

c) costs

 

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What is the value of the claim? £2361.00

 

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

 

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

 

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. Lowells solicitors

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No

 

Did you receive a Default Notice from the original creditor? Yes

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not that i know of

 

Why did you cease payments? 2008

 

What was the date of your last payment? Not sure

 

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 managementlink3.gif plan? cant remember

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Responding to your PM

 

Okay that's fine so far but you have not answered:-

 

The date on the summons ?

 

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 is the particulars of claim...normally typed into a box on the left hand side of the claim form half way down..tells you what the claim is about and the reason they are claiming.

 

If you could type this out verbatim.

 

Regards

 

Andy


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Is the POC right now or do i need to put more info up? What happens now

 

Do i need to send the claim form back has it has only got 3 days left?

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Irrelevant

 

Andy


We could do with some help from you.

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 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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Hi Andy i filled it in above

 

Date of issue – top right hand corner of the claim formlink3.gif – this in order to establish the time line you need to adhere to. 11/01/2016

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.

1) The defendant entered into a consumer creditlink3.gif Act 1974 Regulated agreement with shop direct under acc ref XXXXXX (*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 30/11/2009 and notice given to the Defendant

4) Despite repeated requests for payment the sum of £2,015.62 remains due and outstanding

And the Claimant claims

A) The sum of £2,015.62

B) Interest Pursuant to s69 county courts act 1984 at the rate of 8% per annuim from the date of the assignment to the date of issue,

accruing to a daily rate of £0.44, but limited to one year, being £161.25

c) costs

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Is this it?

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Forgive me yes I had not noticed you had edited the above.

 

You have 33 days in total if defending in full 19 days from the date on the claim form (that date being day 1) and a further 14 days to submit your defence.

 

have you acknowledged service yet and stated you wish to defend all?


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

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Forgive me yes I had not noticed you had edited the above.

 

You have 33 days in total if defending in full 19 days from the date on the claim form (that date being day 1) and a further 14 days to submit your defence.

 

have you acknowledged service yet and stated you wish to defend all?

 

No not yet do i need to do this

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No not yet do i need to do this

 

Must be done by this Friday


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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Shall i fill it in to defend all and send it recorded delivery in the morning?

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You can do everything on line using MCOL for free (all the instructions are in the claim pack)...as for whether you are defending all that's your choice and a decision you must make.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

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Ok ill send it in the morning

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You dont send you input it through your computer :lol:


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

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Just 1 thing is this dept statue barred?

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Ok

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