Lowell/lowell sols claimform - old Cap One debt

[Rich44]

Hi all

 

A couple of years ago I left my work after being diagnosed with 2 neurological illnesses,

this meant I could no longer work and am now on a long (3 year) ESA award

and am awaiting a PIP assessment in a couple of weeks (thats another story sigh)

 

I owed £300-400 to Capital One and due to the illness, depression, hospital stays

and lack of money I just stuck my head in the ground and ignored everything.

 

Today court papers arrived from Lowells (attached)

apart from filling them in online what else do I do here?

The debt is only 2 years or so old

so not statute barred and probably half of it is fees and interest

I think as the original debt wasn't that high.

 

Thanks for the help

[renegadeimp]

We need more info on the debt please. Lowell love to litigate on pretty much any debt. have you sent a CCA request?

[Rich44]

We need more info on the debt please. Lowell love to litigate on pretty much any debt. have you sent a CCA request?

 

No not yet, this only came this afternoon. So CCA them next then? Is there time for that?

 

What else do you need to know?

[renegadeimp]

Sit tight and wait for better advice.

 

 

Youll need to cca the Claimant, and CPR the sols.

 

 

Help will be around soon,

 

 

for now, just log into mcol online,

 

 

acknowledge reciept of the claim,

uncheck contest jurisdiction and exit mcol.

 

 

That will give y ou more time to do research and file a defence.

[dx100uk]

fill this out please

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(2-Viewing)-nbsp

and post the Q&A back here

 

 

dx

[Rich44]

Name of the Claimant ? Lowell portfolio I ltd

 

Date of issue 16th June

 

What is the claim for –

 

1) the defendant entered into a consumer credit act 1974 regulated agreement with capital one under ref xxxx

2) the defendant failed to maintain the required payments & a default notice was served & not complied with

3)the agreement was later assigned to claimant on 24/06/2015 and notice given to defendant

4)despite repeated requests for payment the sum of £620 remains due & outstanding.

A) the said sum of £620

B) interest pursuant to s69 County courts act 1984 at the rate of 8% per annum from date of assignment to date of issue accusing at a daily rate of £0.14 but limited to one year being £50

C) costs

What is the value of the claim? £800

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

 

When did you enter into the original agreement before or after 2007? 2013

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 lowell

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

I don't remember getting the default notice more assignment BUT my memory is not great part of my illnesses

 

Did you receive a Default Notice from the original creditor? Don't think so

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

Why did you cease payments? Left employment as very ill currently only received income based ESA

 

What was the date of your last payment? Late 2014

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 management No

[dx100uk]

if I were to be honest

this could get sticky

and you might well have to conclude that a tomlin/consent

might be the best way out of getting a CCJ ,

if you cant sting that killing credit for the next 6yrs

as paperwork issued can be overcome by them producing a recon agreement.

i'd guess you signed up for this online?

 

 

anyway

process thru the std procedure for now.

 

 

ack [AOS] the claim on the mcol website

and get

a CCA request running to the claimant

and

a CRP 31:14 running to the sols.

 

 

don't sign anything

leave the £1PO blank and uncrossed.

 

 

dx

 

 

let make them play their cards.

[Rich44]

Ok will get that in the post for tomorrow & get onto mcol

 

Thanks very much and yes signed up online

[Rich44]

Ok all of the above done just got to get a PO and everything is in the post. I've also acknowledged the claim online at MCOL

 

So presumably I just wait now then?

[dx100uk]

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