Lowell claimform - old Shop Direct CAT debt***Claim Dismissed***

[The_Debt_Man]

Hi guys

 

I've not had to deal with anything like this so i just want to make sure nothing has changed.

 

I received a Court Claim Form for what I'm guessing is a old catalogue debt.

 

Claimant:

Lowell Portfolio LTD

 

The POC says:

 

1) The Defendant entered into a Consumer Credit Act 1974 regulated agreement with Shop Direct under account reference ********

(‘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 Claimant on 22/11/2012 and notice given to the Defendant.

 

4) Despite Repeated Requests for payment, the sum of £3,190.05 remains due and outstanding.

 

And the Claimant claims

a) The said sum of £3,190.05

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

c) Costs

 

Are the steps at this stage still to make CCA Request and CPR 31.14 ?

 

Thanks for any help given.

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**

 

 

fill the above out please

[The_Debt_Man]

Name of the Claimant ? Lowell Portfolio LTD

Date of issue – 15 JAN 2017

 

What is the claim for –

 

The POC says:

 

1) The Defendant entered into a Consumer Credit Act 1974 regulated agreement with Shop Direct under account reference ********

(‘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 Claimant on 22/11/2012 and notice given to the Defendant.

 

4) Despite Repeated Requests for payment, the sum of £3,190.05 remains due and outstanding.

 

And the Claimant claims

a) The said sum of £3,190.05

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

c) Costs

What is the value of the claim? £3,190.05

 

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

 

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

 

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. Debt Purchaser.

Were you aware the account had been assigned – did you receive a Notice of Assignment? Maybe but i cant remember anything.

 

Did you receive a Default Notice from the original creditor? Maybe but i cant remember anything.

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?

 

Why did you cease payments?

 

What was the date of your last payment?

 

I don't even know who its from as shop direct could be anything.

 

Was there a dispute with the original creditor that remains unresolved? Not that i know of.

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? NO

 

Is this ok?

[dx100uk]

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long number given

then log in

.

select respond to a claim and select the AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CCA Request running to the claimant

get a CPR 31:14 request running to the solicitors

[if this is a Bank Account use the other version in the library]

.

don't sign anything

leave the £1PO blank and uncrossed .

 

.not a lot of good you pushing the problems that you don't know anything over to us

and asking for our help,,,

 

pop up on your credit file and see if this jogs any memory cells about the missing information above.

 

you've already beat two previous claims

so you've probably more idea than most of us on the way to beat these fleecers.

[The_Debt_Man]

Sorry if I've somehow done something to offend you but I can assure you that was not my Intention.

 

I did have a few catalogue debts years ago that I think were a Lloyd part of this Shop Direct group so I don't know what one it could be znd would probably just show as shop direct on my credit file.

 

Yes I have beat a few claims in the passed, but the last one was about 5 years ago so I wanted to make sure that nothing had changed in the way they are delta with.

 

But it seems like this forum has changed

[AndyOrch]

Nothing has changed The_Debt_Man with regards to defending a claim or the forum.....just follow the process.

 

Regards

 

Andy

[The_Debt_Man]

Thanks

 

I'll read a few threads to try and refresh my memory.

[dx100uk]

you need to try and answer a few more of the questions you answered with ...Maybe but i cant remember anything.

or just left blank...

then we can narrow things down a bit for you...

 

Lloyds nor shop direct were linked, no

 

shop direct trade under numerous catalogue names so will be one of those.

 

your credit file should give you more info if you go look at it - most are now free too

 

as its only a 2012 sale it should still be showing and it'll have lowells as the owner now.

 

you say the poc says a date for the agreement opening , but you've not posted that..

 

if you think your last order or payment could be before jan 2010 then go ring shop direct and ask,

if it was after jan 2010 then no point.

[The_Debt_Man]

I received a letter from Lowell Solicitors today just saying that they have issued legal proceedings.

 

What i find strange is that its from "Lowell solicitors" and it says their client is "Lowell Portfolio I Ltd" and that the original company name is "Shop Direct".

 

From looking at the court claim form that "Lowell Portfolio I Ltd" was the solicitor that was working for "shop Direct".

 

But it looks like the original debt was with shop direct and they sold it to "Lowell Portfolio I Ltd" and "Lowell solicitors" are trying to get the money for them, even though there was no mention of "Lowell solicitors" on the court claim.

[dx100uk]

Quite standard and nothing to divert away your need to get the claim sorted Lowell's are the claimant and they now use their in-house sols

 

Now is it statute barred??

[The_Debt_Man]

Thanks for the reply mate

 

Yeah that's what I thought as it also said for me to contact them on a phone number.

 

No as I think the debt is only 4 years old.

 

One more thing I could do with a bit of advice with..

 

Can I send both the CCA Request and the CPR 31:14 to lowall portfolio address on the court claim as that's the only address I have and it says on the claim form to send all correspondence to them.

 

And can I put them all in the same envelope with the postal order and send it recorded post or should I send them off separately?

 

Thanks again

[dx100uk]

as below:

 

get a CCA Request running to the claimant

get a CPR 31:14 request running to the solicitors

 

don't sign anything

leave the £1PO blank and uncrossed .

 

the CCA goes to the claimant ..

the address for the sols is the one on the claimform yes.

[The_Debt_Man]

Thanks again for the reply

 

You're right...

 

On the claim form it says:

 

Claimant

LOWELL PORTFOLIO I LTD

ELLINGTON HOUSE

9 SAVANNAH WAY

LEEDS

WEST YORKSHIRE

LS10 1AB

 

 

and then:

 

 

Address for sending documents and payments (if different

 

LOWELL SOLICITORS LIMITED

PO BOX 1419

NORTHAMPTON

NN2 1BU

 

 

When i first looked at the claim form i though it was just the lowell portfolio ltd address.

 

Just to double check, do i put the £1 postal order in with the CCA request or the CPR 31:14?

 

 

Thanks again for all your help

[dx100uk]

good

 

as for the last point

read the letters you are sending!!

it tells you.

 

 

have you ack'd the claim on mcol too?

 

 

dx

[The_Debt_Man]

thanks again

 

I was looking at threads instead of the actual cca request (dumb moment).

It also looks like i need to use section 78.

 

and i wont sign anything just type my name in

 

I've bought the postal order and ill be sending them both off tomorrow first class recorded.

[dx100uk]

have you ack'd [AOS] the claim on MCOL?

[The_Debt_Man]

Sorry , yes i did it as you suggested

[dx100uk]

just don't miss your defence filing date 4pm feb 16th no matter what happens or not..

[The_Debt_Man]

ok i wont thanks

 

But it wont be much of a defence if they don't get back to me in time.

 

Where did you work out the 16th from?

 

I've just checked and both letters are showing as delivered.

[AndyOrch]

from the date on your claim form ...33 days

[The_Debt_Man]

A bit of an update.......

 

I've received a letter back from Lowell Solicitors.

 

It says:

 

“We confirm receipt of your letter dated 30 January 2017 requesting documents with regards to the above account.

 

We have requested the copy agreement, statements and default notice from the original creditor Shop direct and we will forward these to you upon receipt. The account is currently on hold until we have received these. We have attached the notice of assignment sent to you by our Client.

 

We note that you have acknowledged service of the claim form. You should respond to the claim as you deem appropriate within the time specified in the response pack.”

 

They have also included two letters both dated on the same date saying that the Shop direct account has not been paid and that it has now been passed over to Lowell solicitors but the other letter (still from lowell solicitors) says that their Client is Lowell Portfolio I Ltd and the original company name is shop direct.

 

To be honest i don't ever remember seeing these letters in the passed and i could be wrong they don't have that professional finish , they don't even have any sort of logo at the top and loo like they have been quickly typed up.

[dx100uk]

they can use OC letterheads to 'fake' [ but its not]

the notice of assignment.

 

 

dx

[The_Debt_Man]

Hmmm.....

 

So do you think i should just sit tight and see what else they come up with before my defence deadline ?

[dx100uk]

no CCA yet...that's the cruncher

[The_Debt_Man]

No nothing from Lowell Portfolio I Ltd yet.