Lowell/? claimform - studio cards 'cat' debt***Settled by Tomlin Order***

[ChrissyE]

Hi

 

I have a debt with Lowell.

To be honest I have ignored the odd letter from them for the past year,

its for around £1000 for an old credit card from 2012.

 

I care for my mum who has dementia

I have had other things on my mind rather than sorting the debt out as she is pretty time consuming,

also I just haven't been able to afford it.

I am in receipt of benefits for my own issues and get ESA Support group.

 

its the letter you get from the court,

and it says something like I have to reply within 14 days,

I think it's a letter for the court action, as it is from the courts, but I'm not sure what I need to do.

 

Do I just fill it in and ask to pay monthly?

 

Sorry If I sound a little confused, its been a long night of no sleep so having trouble getting my head around the whole thing.

 

Thanks,

Chrissy.

[Sidewinder]

Is it a Judgment? Or a Court Claim (Form N1) with a Court stamp?

 

Can you post up exactly what it says, minus any names or reference numbers etc?

[ChrissyE]

Hi, so sorry for the delay.

 

 

It is the one with a court stamp on it, doesn't look like a real court stamp, but it is that form.

 

I cant scan it unfortunately and my phone camera wont focus on it,

but it is an N1STD claim form and states the following.

 

Issue date 27th June 2016

 

Claimant Lowell portfolio ltd

 

Lowell solicitors LTD

 

My name and address.

 

Particulars of claim.

 

1) Defendant entered into a consumer credit act with Express gifts (My mistake I thought it was a credit card, I must have paid that one)

2) Failed to maintain payments and default noticed served failed to comply.

3) Agreement assigned to the claimant on 25/9/2015

4) Despite repeated requests for payment the sum of £981.11 remains due and outstanding.

 

Claimant is claiming the sum plus interest plus costs.

 

Total £1189.82

 

Once again sorry for the confusion,

 

 

I thought it was a credit card but it seems I didnt read this properly and it is express gifts which I think is Studio gifts catalogue?

[dx100uk]

ok great thanks for that

 

 

yes its a claimform

and you need to act on it

but please refrain from doing anything without guidance.

 

 

it would help everyone

if you could fill this out.

it will allow us to have all the info to enable us to help you properly.

 

 

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

[ChrissyE]

Name of the Claimant ? Lowell Portfolio 1 LTD

 

Date of issue – 27 June 2016

 

What is the claim for –

 

(1) - The defendant entered into a Consumer Credit Act 1974 regulated agreement with express gifts ltd under account reference 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 25/09/2015 and notice given to the Defendant.

(4) - Despite repeated requests for payment the sum of £981.11 remains due and outstanding.

 

And the Claimant claims;

(a) The said sum of £981.11

(b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.215, but limited to one year, being £58.71

© Costs

What is the value of the claim? - - £1189.82

 

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

 

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

 

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. Lowell

 

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

 

Did you receive a Default Notice from the original creditor? Unsure but likely.

 

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

Why did you cease payments? - Had to leave work to care for parent.

 

What was the date of your last payment? 2015

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

 

Thanks for any help.

[dx100uk]

(b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.215, but limited to one year, being £5871

not sure if the above is correct?

£5871?????????

 

 

popup on the mcol website

after log in

 

 

select the AOS box

defend all

leave juris unticked

the goto the end and exit mcol.

 

 

get a CCA request running to the claimant

and a CPR 31:14 running to the sols.

 

 

dx

[ChrissyE]

Correct, sorry, I forgot the decimal point.

 

Will do dx - Thank you!!

[dx100uk]

ok amended

 

 

don't give it

put them to strict proof of the debt

CCA/CPR ...read the full threads

don't sign anything.

 

 

dx

[ChrissyE]

Ok, all done,

 

so I print and send these forms tomorrow, with postal order, then wait?

 

Do I then come back here and advise further if I do/do not hear from them

and is there a time frame?

 

Sorry for all the questions and really appreciate the help so thanks again.

 

Don't sign the letters I send?

[dx100uk]

Ok, all done,

 

so I print and send these forms tomorrow, with postal order, then wait? £1 blank PO with the CCA request

Do I then come back here and advise further if I do/do not hear from them

and is there a time frame? whatever happens you DO NOT miss filing a defence by 4pm Friday 29th

Sorry for all the questions and really appreciate the help so thanks again.

 

Don't sign the letters I send?

well help along the way

 

and go read like claim threads too

[ChrissyE]

Hi

 

I have so far not heard from Lowell, and the deadline is Friday, so I am not too sure what to do now?

 

Any help is really appreciated.

 

Many thanks.

[AndyOrch]

Make a start on preparing your defence.....plenty of example defences in the following forum

 

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

[ChrissyE]

Hi

 

I sent off my defense with the help of others and I now have a reply.

 

It is a notice of proposed allocation to the small claims track and there is a part regarding mediation.

 

Do I just fill this in and send it back?

 

Thanks very much.

[dx100uk]

yes

and yes to mediation

[dx100uk]

what defence did you file?

[AndyOrch]

yes

and yes to mediation

 

Past the DQ stage DX the Notice of Allocation lists the courts directions which must be complied with by each party by the dates stated.....failure to comply could see your claim/defence being struck out.

 

Andy

[ChrissyE]

Hi - Really sorry there has been no update,

I have a copy of my defence somewhere but I cannot find it,

 

 

I should be able to by the morning,

however it was something like I had previous dealings with the company but do not recognise the debt etc.

 

My mother is in hospital and not expected to last to the end of this week and I have mediation booked for the morning between 9-1.

 

I'm not even sure if I will be here to take the call to be honest,

but if I am, I am not sure what the mediation involves,

any advice please?

 

I may attempt to cancel the appointment to be fair if I can, but I am just unsure of what to do at the minute.

[dx100uk]

if lowells have not supplied any paperwork mediation will fail when they ask you their questions that they do before it starts.

 

should take 5mins

 

sorry to hear about your mam..

 

chin up

[ChrissyE]

Ah great, ok I will make sure I am around to take the call then, thanks DX, really appreciate it.

[ChrissyE]

Currently having a back and forth with mediation and their representative...

 

I advised the lady that I had no proof of the debt from them (even though I requested it) and they are arranging to email a copy of the credit agreement and debt details, ie itemised charges within the hour. The mediator will then call me again.

 

Not sure if anyone will read this before we resume, but can't really say I know where to go from here.

[AndyOrch]

Why wait until mediation is in process to start disclosing documents...you requested the documents in July...they are in default of your CCA (section 78 request) they cant proceed with anything until they comply.

 

Andy

[unclebulgaria67]

Just stick to asking for proof of the debt, copy of CCA and a statement of account from Express gifts confirming how the amount has been calculated. If they provide the details and it looks like loads of late payment charges have been added as a penalty, then calculate roughly how much in excess charges have been applied and ask what they are prepared to do about these.

[ChrissyE]

They have just emailed a copy of the credit agreement, unsigned by me, and also a spreadsheet which is just the original debt and then the charges added up to this date.

[AndyOrch]

As your agreement is post 2007...your signature is irrelevant with regards to enforcement purposes.......if you are happy with the agreement and everything is correct...then as above...ask that all the unfair charges be removed and try to negotiate a settlement figure.?

[Old Cogger]

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