Lowell/? Claimform - old JDW CAT debt prob sb'd

[leonmc7878]

Hi There

 

Thanks for all the help I have had from people in the past just reading these forums

- this kind of thing is why the internet was invented.

 

 

I have now a personal plea for help if you people would be so kind, I think this is the right format:

 

Name of the Claimant ? LOWELL PORTFOLIO I LTD

Date of issue – 13 OCT 2016

What is the claim for –

 

1. the defendant entered into a consumer creditic act 1974 regulated agreement with JD Williams *********( 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 the 31/03/2014 and notice given to defendant.

 

4. despite repeated request for payment the sum of £1430.00 remains due and outstanding

 

And the claimant claims

a) the said sum £1430.00

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 £0.313, but limited to one year, being £114.40

c) Costs

 

What is the value of the claim?£1544.40

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

 

When did you enter into the original agreement before or after 2007? NOT 100% AS ITS DROPPED OFF CREDIT FILE ALSO

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. IT WAS ASSIGNED TO LOWELLS

Were you aware the account had been assigned – did you receive a Notice of Assignment? NOT SURE - A BITTER DIVORCE ENSUED

Did you receive a Default Notice from the original creditor? NOT SURE - AGAIN I WAS OUT OF THE HOME

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? NOT SURE - SAW A NUMBER OF LETTERS TO MY PARENTS HOME IN THE LAST 6/8 MONTHS AS IT HAS BEEN ABOUT TO DROP OF MY FILE

Why did you cease payments? MOVED HOUSE THROUGH A BITTER DIVORCE AND ASSUMED EX WAS TAKING CARE (stupidly)

What was the date of your last payment? THE DEFAULT WAS ISSUED JULY 2010 SO BEFORE THIS DATE

 

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 plan? NO

Thanks in advance

[dx100uk]

So the,agreement was in your name?

[leonmc7878]

Hey Thanks for hte fast reply.

 

The catalogue account was in my name yes.

 

I have tried to look into the statue barred angle but not sure I understand it fully.

 

thanks in advnace

[dx100uk]

Sounds like its sb'd yes

Go ring JDW and ask last payment or order date

[leonmc7878]

Hi MAte

 

thanks again for replying and taking time out - I really appreciate this.

 

I have just spoken to a lovely lady at JDW who has given me the information below:

 

Last order 26/06/2009

 

Last payment was prior to 22/09/2009 (they dont keep details after 6 years she told me so this is as far back as it goes on their system)

 

There is an entry of 07/06/2010 for this being sold to a debt collection agency

 

Does this info help at all ?

[dx100uk]

Great work!!

 

Go up on mcol website

Acknowledge the claim

Defend all

Leave jurisdiction unticked

 

You can Also file the SB defence in post 3 here

http://www.consumeractiongroup.co.uk/forum/showthread.php?469733-Arrow-Restons-M-S-card-statute-barred(2-Viewing)-nbsp&p=4964155#post4964155

 

Job done

 

Nothing more to do

[leonmc7878]

Thanks again, you are amazing.

 

I have tried to register on that MCOL but it keeps giving me an error - when I enter my details of name and address, it has given me a GG number

 

is there nay other advice ?

Edited November 1, 2016 by leonmc7878

[dx100uk]

Look at the claim form

 

Moneyclaimonline

[leonmc7878]

Great work!!

 

Go up on mcol website

Acknowledge the claim

Defend all

Leave jurisdiction unticked

 

Job done

 

Nothing more to do

 

Hi Really sorry to mither - I have managed to log on now but it says about 14 days and it was issued on 13th October - so this falls outside that - do I need to "Start AOS" or am I still OK to "Start Defence"

 

Sorry - pain again.

 

I am on a page that says state your defence in a maximum of 122 lines - what should I place in this box please

[shamrocker]

Sorry - pain again.

 

I am on a page that says state your defence in a maximum of 122 lines - what should I place in this box please

 

As per DX's advice above - if you click on the link he provided, you'll find this in post #3:

 

1 The Claimant's claim was issued on (insert date).

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 Act 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 £[insert figure from their POC] or any other sum, or relief of any kind is denied.

 

This is your statute barred defence.

[leonmc7878]

Yeah sorry - so I engaged my brain and read the posts in full and have managed to do that.

 

I am really sorry that I had to keep asking questions I was just very nervous and worried about it all.

 

Many Thanks to dx100UK and shamrocker for your patience.

 

Do I need to wait to do anything now ? if there is a thread or advice on this already tell me what I should read.

 

thanks

[dx100uk]

So you managed to do both OK

 

Nothing to do bar read threads in this forum

[leonmc7878]

So you managed to do both OK

 

Nothing to do bar read threads in this forum

 

Hi There

 

Sorry to be an idiot, but now I have done that entry - how will i know that its been cancelled and no ore action will be taken by them or the courts ?

 

thanks

[AndyOrch]

Its not been cancelled...the claimant has 33 days to consider your defences and decide if they wish to proceed (challenge them) if they do not respond within the 33 days the claims will be stayed (paused) not cancelled.

 

See what transpires.

 

Andy