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    • Thanks uncleB   One other question: Can a mortgagee in possession refuse to sell? And instead rent?   Or do they have legal obligation to sell?
    • It seems to me that you could probably apply for judgement on 30 October. However it's a good idea to keep on checking regularly to see if it is permitted before then. As soon as it allows you, do it.
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    • *Update* turns out Capquest bought the debt from Phoenix Recoveries. We now have a reference number for our solicitor to use. 
    • Ah I thought you meant in the actual MCOL claim, in the ebay listing yes, in the PackLink compensation claim yes as well, in the MCOL claim I made no mention aside from the value of the item.   and just an update:   I am able to request a judgement from the two separately.   The claim was issued on the 13th, plus 5 days and another 14 days = 1st Nov my guess (not accounting for business days)   This was also added:    
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Lowells/? Court Claimform - old Barclay Current Acount OD 'debt'***Claim Discontinued***


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I had a county court claim arrive from Northampton (I'm in Coventry) for a debt I think is an old Barclays account but suspect was sold onto The Sigma Financial Group Ltd and is being claimed by Lowell.

 

All the information is this -

 

1) The Defendant entered into a Consumer Credit Act 1974 regulated agreement with The Sigma Financial Group Limited under account reference XXX ('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 21/12/2015 and notice given to the Defendant.

4) Despite repeated requests for payment, the sum of £3,327.98 remains due and outstanding.

And the Claimant claims

a) The said sum of £3,327.98

b) Internest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of the assignment to the date of issue accruing to a daily rate of £0.729, but limited to one year, being £155.37

c) Costs.

 

 

 

I've been away the best part of past 2 weeks so only saw this yesterday.

 

Issue Date: 22 JUL

 

Do I file the acknowledge of service with MCOL and then do the CCA request?

 

Hopefully someone can help.

 

 

John.

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Hi,

 

I've moved this thread to our Financial Legal Issues Forum, you should get some help shortly.

 

Regards,

 

Scott.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

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If you could read the following link and then copy and paste the Q,s and your responses back here for further advice on how best 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

We could do with some help from you.

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Name of the Claimant ? LOWELL PORTFOLIO I LTD

 

Date of issue – 22 JUL 2016

 

09 AUG 2016 (19 DAYS)

 

23 AUG 2016 (33 DAYS)

 

 

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 Credit Act 1974 regulated agreement with The Sigma Financial Group Limited under account reference XXX ('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 21/12/2015 and notice given to the Defendant.

4) Despite repeated requests for payment, the sum of £3,327.98 remains due and outstanding.

And the Claimant claims

a) The said sum of £3,330

b) Internest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of the assignment to the date of issue accruing to a daily rate of £0.729, but limited to one year, being £155

c) Costs.

What is the value of the claim? £3750

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Old Current account with Barclays

 

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

Assigned from Barclays to Sigma Financial Group Limited, claim issues by Lowell Portfolio I Ltd.

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Unsure, not aware or this.

 

Did you receive a Default Notice from the original creditor? Unsure, not aware or this.

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I do not believe so.

 

Why did you cease payments? Bank charges were arguing every month and the account went into arrears.

 

What was the date of your last payment? Something like 5 years ago.

 

Was there a dispute with the original creditor that remains unresolved?

I claimed back bank charges - looking at claiming back the packaged element as well.

Assumption was that bank charges would have taken this debt into account.

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan?

 

It was mentioned on the phone to them.

There was a fraud issue on the account and they took thousands from the account and caused much financial hardship at the time as they response denying the fraudulent action went missing at their end so they kept taking thousands out of my account for 6 airline tickets I had not bought. This was settled eventually but led me to move to a new account.

I don't believe without further overdraft charges I could have owed more than £1200.

My overdraft was I think only £1000.

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Actually, I called my current bank and have been with them since February 2010. Doe this have any bearing on things from a statute barred POV?

 

I have not paid anything to anyone regarding this debt since prior to Feb 2010.

Edited by jack.jones
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Actually, I called my current bank and have been with them since February 2010. Doe this have any bearing on things from a statute barred POV?

 

I have not paid anything to anyone regarding this debt since prior to Feb 2010.

 

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

 

Before 2007

 

Which is it Jack ?...if you are in England SB is 6 years 5 in Scotland.

 

Andy

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Gotcha....now go to the legal Library and send a CPR 31.14 current account version request.

We could do with some help from you.

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Thanks. Doing it now.

 

Presumably I also need to send the acknowledgement of service too?

 

John.

 

Yes must be done by 4.00pm today

We could do with some help from you.

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don't forget you can ack the claim on the mcol website

defend all

leave jurisdiction unticked

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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Im cannot see anything do download in that library. Nothing says CPR, if I go into section 31 (31 Liability that cannot be excluded or restricted) then look for 14 theres nothing there other than this - 14 Goods to match a model seen or examined

 

Am I missing something?

 

J.

 

p.s. Ack has been filed on MCOL.

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Not for a CPR 31.14 no payment

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Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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I sent the CPR off last week - 5/8/16.

 

Presumably I need to file some sort of defence in the next week or two?

 

I'm actually out of the country for 10 days from the 19th to the 29th.

 

But I can have any letters / information returned from them scanned etc.

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Its irrelevant if they respond or not...you will be submitting the standard holding defence....which there are plenty of examples in the Legal Success Forum...try to find a similar claim and then adapt the defence to fit your particulars.

 

Andy

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

 

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  • 4 weeks later...

My defence was submitted before I went away.

 

 

I today had a response from Lowells.

 

*****

 

Thankyou for your letter dated 5 August 2016.

 

Our Client has however, requested a copy of the statement from Barclay's Bank, with whom you originally entered into the contract.

 

Whilst we Endeavour to provide evidence of the debt as soon as possible, you appreciate this is dependent upon receipt of the information from the original creditor.

 

Please note that our client is in not obliged to provide you with a copy of the deed of assignment as this is a document containing confidential information.

 

Will not be responding to any other letters referring to documents.

 

As you have filed a defence this matter will progress through the Small Claims Track and you should respond to any correspondence that the court sends to you.

 

 

*****

 

 

Regards,

John.

Edited by jack.jones
typo.
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did you ask for the deed?

prob read our CCA wrong

 

 

was this from the Lowell sols or Lowell?

 

 

so what date did you file your def

and can we see a copy please

 

 

if its 28 days gone already then the claim is stayed or very close to it

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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It's from Lowell Solicitors.

 

My defence was as follows.

 

 

Defence

1 The Claimant's claim was issued on 22 Jul, 2016.

 

2 The Defendant 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 acticon 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 £3XXXX or

any other sum, or relief of any kind is denied.

 

Signed

I am the Defendant - I believe that the facts stated in this form are true

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good well done.

 

 

what date did you file that on MCOL?

 

so in our CPR [that you used?]

http://www.consumeractiongroup.co.uk/forum/showthread.php?387483-LEGAL-CPR-31.14-Request-when-Claim-is-being-made-for-a-Current-Account

did you simply write assignment

or notice of assignment?

 

 

in your list of required docs?

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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not the first time we've seen Lowell sols reply to a CPR regarding the deed I note

when the notice of assignment was asked for.

 

 

so 28days from 18th it gets stayed

then they'll have to cough further money up in fees to progress the claim

 

 

dx

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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