Lowell/Lowell sols claimform - old CAt 'debt'

[barneyrubble2007]

Hi,

After a bit of advise please.

 

I received a letter from Lowell regarding a shop direct account saying that they have been instructed by Lowell Portfolio to commence legal action and issue a claim against me, along with a load of costs on it.

 

I contacted Shop Direct, as I was very dubious about the balance quoted, let alone the debt.

 

 

I think it is something I set up for my ex to buy a few bits and pieces.

 

 

Looking at my credit file, the defaulted balance is half of the amount they claimed.

 

 

I contacted Shop Direct and found out (very little, other than the last purchase was July 2010. They couldn't provide information regarding any payments made (or wouldn't, they referred me to Lowell).

 

What should I do.

If it was defaulted at have the value they are claiming,

are they allowed to add whatever they want to the balance?

 

Can I request they prove the balance etc?

[dx100uk]

read the letter properly

it does not say WILL anything.

 

 

as this debt is coming up to being statute barred

[6yrs no payment or written ack and signed]

 

 

they are trying to fleece you before it gets that far and out of their reasch

 

 

just remember they are not a bailiff

and have

no such legal powers.

 

 

its rare for a DCa to add any charges

so I suspect it was the "12 late/over/letter/default fees that shop direct

load the debt up with

then mark it defaulted

and flog it on for pennies.

 

 

you could CCA request lowells

although as this debt originates from 2010

an unsigned reconstruction of the agreement will do.

that will suffice the CCA

but might not suffice enough for them to brave court.

 

 

have you all the statements?

 

 

if not get an sar off to shop direct

and get reclaiming

I bet you've their version of PPI too.

 

 

dx

[barneyrubble2007]

Thanks.

The exact wording is "WE have not heard back from you regarding your Shop Direct account and are instructed by our client to commence legal action and issue a cl;aim against you.

 

I have absolutely no paperwork relating to Shop Direct, nothing to say the debt had been assigned. Don't even know if there was PPI on it.

 

The debt was marked at default at about half the amount that Lowell want for it, so it isn't Shop Direct fees prior to default. If I send a CCA off, will that reset the Statute Barred clock? Also if I SAR Shop Direct, does that put this on hold until they comply with the request or do I need to notify Lowell?

 

Thanks

[dx100uk]

instructed = if.might.could etc

not will

 

 

upto you

pers id ignore them.

 

 

what bal are they after?

 

 

dx

[barneyrubble2007]

They are after £300. It defaulted at £160, so a whopping £140 been added to it after default

[dx100uk]

not worth worrying about then.

 

 

I bet once you have all the statements.

 

 

its all ppi/penalties.

[barneyrubble2007]

It's probably worth a SAR to get this info then

[barneyrubble2007]

Now I have received a claim form from the courts regarding this.

 

What should I do now?

 

I know that a purchase was made in July 2009, but not sure when the last payment was made, so doubt it quite hits Statute barred though

 

Thanks

[dx100uk]

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

 

 

fill this out please

and we'll get you moving

[barneyrubble2007]

Name of the Claimant ? Lowell Portfolio I Ltd

 

Date of issue – 17/3/16

 

Date to submit defence = XX (33 days in total) - 18/4/16

What is the claim for –

1). The defendant entered into a Consumer Credit Act 1974 regulated agreement with Shop Direct.

The defendant failed to maintain the required payments and a default notice was served and not complied with

The Agreement was later assigned to the claimiant on 14/3/11 and notice given to the defendant

2). Despite repeated requests for payments, the sum remains due and outstanding

 

The claimant claims, the sum outstanding + interest @ 8% per annum, from the date of assignment to the date of issue, accruing at a daily rate but limited to one year, costs

What is the value of the claim? £334+Court fee+ legal costs. The default/delinquent value was £168 according to a credit report. Also, default date shows as Mar 2011 but no other history shows.

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

 

When did you enter into the original agreement before or after 2007? Was after 2007. Think it was done online but not 100% 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. Issued by the debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No, nothing received

 

Did you receive a Default Notice from the original creditor? No, both could have been sent to an old address as I moved due to a relationship breakup and never got any post forwarded on

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not received any at all

 

Why did you cease payments? Payments ceased due to relationship breakup and financial difficulties

What was the date of your last payment? Unsure, sometime in 2010

 

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, didn't have any information due to having to move out of my previous home and not being able to get all personal effects together

 

 

Would I send a CPR31.14 for a loan/credit card in this instance?

 

I would be happy to pay the default amount, but it looks like a heck of a lot of money has been added and I don't know why

 

Many thanks

[dx100uk]

yes send the credit card CPR

and send a CCA request to the claimant

don't sign anything

 

 

pop up on the mcol website and acknowledge the claim {AOS]

defend all

leave juris unticked.

 

 

did you ever send the sar off in feb to SD?

[barneyrubble2007]

tbh, I didn't. It completely slipped my mind as been really busy with work. Is it worth still doing that? I know it will take 40 days. Will get the letters done and printed off and sent tomorrow

 

THanks

[Old Cogger]

send the CPR request bit late for a SAR? as post 11 above no more forgetting or you loose before you start!

[barneyrubble2007]

Definitely. no more forgetting! Work has eased up a bit so can do that. Going to ensure I get it done to post on Saturday AM

[dx100uk]

don't forget AOS

[barneyrubble2007]

All complete. Paperwork sent off and AOS. Went today as couldn't get to post office on Saturday

[barneyrubble2007]

OK, they have received the requests, both signed for. Been away a few days and no access to the internet. What is the next stage please?

[dx100uk]

why not ring shop direct

ask last payment date?

[barneyrubble2007]

They wouldn't/couldn't give me that they claimed. They referred me to Lowell. Do I need to file a defense yet or wait to see if any documents come back?

[Old Cogger]

shop direct even if you have an open complaint/dispute always refer you to whoever they sold an alledged debt to.

[shamrocker]

Do I need to file a defense yet or wait to see if any documents come back?

 

Going on the details in red above, you have a few days yet, but I'd probably plan to do it tomorrow just in case something prevents you submitting on Monday (your last day).

 

Don't be afraid to ask for help if you're stuck.

[barneyrubble2007]

Found out a bit more now. Last payment was July 2010, and the debt was sold on.

[dx100uk]

defence was due yesterday!

 

 

get the holding/no paperwork def in before 4pm.

[dx100uk]

Here is a recent Cat defence that Andyorch drafted for another poster

which was successful in the claim remaining stayed.

You will have to edit slightly to suit and add your requests for CCA /CPR ect.....

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

1). The defendant entered into a Consumer Credit Act 1974 regulated agreement with Shop Direct.

The defendant failed to maintain the required payments and a default notice was served and not complied with

The Agreement was later assigned to the claimiant on 14/3/11 and notice given to the defendant

 

2). Despite repeated requests for payments, the sum remains due and outstanding

 

The claimant claims, the sum outstanding + interest @ 8% per annum, from the date of assignment to the date of issue, accruing at a daily rate but limited to one year, costs

 

Defence

The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

1 .Paragraph 1 is noted. I have had an agreement in the past with Shop Direct but do not recognise the account number referred to by the claimant.

2 .Paragraph 2 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served over 3 years ago.

On the 1st April 2015 ( sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. The claimant has failed to date to respond to the CPR and remains in default of the section 78 request.

3.It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

4.As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

5.On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974.

6.By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

Regards

Andy

***************

[dx100uk]

thought you said you'd stop forgetting things

get that defence moving its gone 4pm already/..............