Lowell/?claimform - old Next directory store card 'debt'

[lovetobake]

Good afternoon CAG,

 

I have today received a claim form from Lowell issued from Northampton for an old Next Directory account. I dont know when I opened this account as they do not state.

 

Could someone please give me a little guidance on how to deal with this please?

 

Thank you guys

[AndyOrch]

Hi Lovetobake

 

If you could read the following link and then copy and paste your responses back here for the best advice on how to proceed.

 

 

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

 

Regards

 

Andy

[lovetobake]

Name of the Claimant ? Lowell Portfolio 1 Ltd

Date of issue – 27 May 2016

What is the claim for

 

 

1) the defendant entered into a CCA 1974 regulated agreement with Next under account ref ***** (*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 13/7/2012 and notice given to the Defendant.

4)Despite repeated requests for payment, the sum of £170 remains due and outstanding.

And the Claimant claims

a)the said sum of £170

b) Interest persuant to s69 County Courts Act 1984 at the rate of 8% per annum

from the date of assignment to the date of issue, accruing a daily rate of £0.038,

but limited to one year being £13.00

c) Costs.

What is the value of the claim? £170

Is the claim for a current account (Overdraft)

or credit/loan account or mobile phone account? Next directory home shopping

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

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

Did you receive a Default Notice from the original creditor? Cant remember

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

Why did you cease payments? Not sure but my husnad lost his job in 2011 so think it must be because of that.

 

What was the date of your last payment? dont know

 

Was there a dispute with the original creditor that remains unresolved? Not that I am aware of

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan? Not that I remember.

Filled in the above info.

I intend to defend fully but dont know what to put.

 

Should I send cca request to Lowells or Next? Should I send CPR to Lowells solicitor?

[lovetobake]

Thanks Andy,

 

Have just done.

[dx100uk]

CCA to lowells

CPR to Lowell sols

 

don't sign anything

leave the £1PO blank

 

have you ack'd the claim on MCOL website

defend all

 

too?

[lovetobake]

Havent done anything yet Andy but was going to defend as I dont remember owing anything. If I ack claim ad defend all, do I have to give a reason at this stage?

[dx100uk]

nope

simply follow post 5

defend all

leave juris untick.

exit MCOL.

 

 

get the CCA/CPR running.

 

 

dx

[lovetobake]

Thank you dx will get onto it now

[lovetobake]

Ok, just acknowledged claim and ticked defend all. Will get the CCA and CPR sorted next. How long will I have to defend claim?

[AndyOrch]

33 days from and including the date on the summons (as day 1)

[lovetobake]

Thanks for you help so far. Will keep you posted.

[lovetobake]

Could you just confirm please which CPR 31.14 I use please. Would it be the one for Loans/Credit Cards? Do you have a template for this on here?

 

Many thanks in advance

[dx100uk]

yes

and its in the library with the other one.

just look

[lovetobake]

Sorry folks, is the 33 days to submit defence working days or does it include weekends?

 

Also, sorry I know I should know this but my heads blank!! With a cca request, they have 12+2 days to respond, are these working days? If so, that utting it really fine for me to get my defence in.

[dx100uk]

cal days for def

CCA timelimit is immaterial

you file your def ON TIME regardless

[dx100uk]

you need to go read like threads too.

[lovetobake]

Good Evening all,

 

I sent the CCA req and CPR req off by recorded delivery on 3rd June.

 

 

As yet I have received nothing back at all.

Now I have read other posts and it says 12 working days for CCA which has passed

and a few extra days so I am guessing they may well be struggling.

 

My defence needs to be in by this coming Monday and I am thinking that no cca will be my best bet.

What do you guys think?

 

 

Will it be okay to copy someone elses defence wording for the same reason?

[AndyOrch]

Plenty of defences in the following forum for you to edit to suit.....try to pick one that's the same type of debt and possibly same claimant and particulars.

 

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

 

Andy

[lovetobake]

Thanks Andy

[AndyOrch]

Post your draft here first before submitting so we can check it over.

[lovetobake]

Hi all,

 

Been quiet for a while as nothing to report.

Submitted my defence in time on the grounds that they did not provide the documents within time frame.

 

Its been about 6 weeks since then and heard nothing further until today.

 

I have received a letter from Lowells sols in reply to my original CCA and CPR req.

The letter says:

 

"We write in response to the matter you raised to the above mentioned account on (date) and we would like to thank you for your patience while we investigate your query.

 

Please find enclosed a copy of your default notice and agreement for your former Next acount. Please be advised we are still awaiting a copy of your statements and this will be sent to you upon receipt.

 

Please be aware a County Court Claim has been issued on ............ you should read this fully and reply to the claim.

 

Once we have received your response we will review it, consider any proposal made and submit a request for judgement where appropriate."

 

The letter then goes on to say

that if I admit the claim and wish to pay in instalments

their staff can complete the admission form over the phone.

 

It also says that if I do not respond within 14 days they may enter a judgement by default and continue waffling on a load of rubbish.

 

They have included a copy of a letter headed from Next Directory with my details on

but it just says that the account is being prepared for transfer to a Debt Collection Agency and the implications of such action.

It is in no way a legal Default Notice as they have said it is.

 

They have also attached a copy of a Credit Agreement which is in very small print

which says it is an agreement between Next Directory and myself.

 

My details are in much bigger print, and here is the really fishy bit,

 

My house no is incorrect,

it has obviously been mistyped probably when slime bag Lowells typed it.

 

But there is no signature from me or anyone else!!

I smell a huge great rat!.

 

I phoned the court to see whether the claim had been stayed and it has

and they court said that Lowells would need to apply to the Judge to get the stay removed.

 

I know there are a lot of experienced people on here that know all the dirty tricks tried by DCA's

and I just wondered what my net move should be if any.

 

Should I do nothing and wait to see if I hear further from the Court?

 

Many thanks in advance.

[dx100uk]

you do nowt

 

 

can you scan up what you've got into a multipage PDF please

uplolad

[martin2006]

Thats not a default notice

That is a reconstituted agreement but i cannot say whether that woukd fly in court, my guess is it wouldnt as it doesnt contain the prescribed terms but wait for more definate confirmation re the cca

[lovetobake]

I will give it a go

 

this is what they sent with the letter.

 

There should be 2 pages.

 

Not sure if I have done it correctly.

 

Ok, I will try again

lowellccadoc.pdf

[lovetobake]

martin2006,

What do you mean by a reconstituted agreement?

 

 

One that they just added my details into?

because that is what I think they have done because the house number on that document was incorrect.