CCJ from Lowells over Ikea Debt

[pfcpompeysarah]

Hi

 

I see that Lowells feature frequently on here and would like some help with my response to the courts.

 

 

I have received a CCJ claim form dated 27th January,

it arrived yesterday,

over an old ikea debt which is around £700.

 

 

I had difficulty paying the instalments on time and then stopped altogether

I know I am at fault and due to being a single mum on disability benefit with a mountain of debt at the time I just sort of buried my head in the sand.

 

 

I understand that it leaves a bad record on my file but to be honest my credit record is probably screwed anyway since losing my job and so on...

 

 

I was going to offer to pay something nominal like £2 a week since I am on benefits,

or should I take alternative action/contest it,

 

 

I had a text from Lowell today to say to get in touch but I don't understand why (and won't be calling them!) since they have already started the ball rolling with the courts in Northampton.

 

Any advice would be much welcome, am useless at all this sort of thing and don't really know my rights, or ways forward.

 

Thanks

[AndyOrch]

Hi Sarah and Welcome to CAG

 

If you would read the following link and then copy and paste the qs and your responses back here for the best advice on how to deal with this claim.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**(2-Viewing)-nbsp

 

Regards

 

Andy

[pfcpompeysarah]

Name of the Claimant ? LOWELL PORTFOLIO LTD

Date of issue – 27TH JAN 2017

 

What is the claim for –

 

1) THE DEFENDANT ENTERED INTO A CONSUMER CREDIT ACT 1974 REGULATED AGREEMENT WITH IKANO BANK AB (PUBL) 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 31/3/2015 AND NOTICE GIVEN TO THE DEFENDANT

 

4) DESPITE REPEATED REQUESTS FOR PAYMENT, THE SUM OF £571.73 REMAINS DUE AND OUTSTANDING.

 

AND THE CLAIMANT CLAIMS:

A) THE SAID SUM OF £571.73

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 A DAILY RATE OF £0.125, BUT LIMITED TO ONE YEAR, BEING 45.74.

 

What is the value of the claim? 747.47

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? IKEA STORE CARD

 

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. DEBT PURCHASER

 

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

MAY HAVE RECEIVED IT, HAD A LOT OF DEBT AND MANY LETTERS DON'T REALLY SPECIFY ORIGINAL CREDITORS, GENUINELY CAN'T REMEMBER BUT TAKE RESPONSIBILITY FOR IT.

 

Did you receive a Default Notice from the original creditor?

 

SEVERAL LETTERS, NOT SURE IF ONE WAS A DEFAULT NOTICE, NOT RECEIVED ANYTHING FROM IKEA OR LOWELLS FOR SOME TIME IF I RECALL, ONLY PHONE CALLS/MESSAGES WHICH I DON'T REPLY TO AS I AM UNSURE OF WHICH DEBT IT REFERS TO BEFORE NOW.

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? NOT SURE

 

Why did you cease payments? AROUND 2 YEARS AGO, POSSIBLY A BIT MORE.

What was the date of your last payment?

 

I ESTIMATE (CAN'T OPEN ONLINE ACCOUNT AT MOMENT TO CHECK) AROUND EARLY/MID 2015 BUT COULD BE EARLIER.

 

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

 

NOT THAT I AM AWARE OF, JUST GOT STUCK MAKING PAYMENTS AND CEASED TO PAY DUE TO INTEREST AND GROWING DEBT.

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

 

 

 

Here is my reply, sorry for the delay, this is as much info as I can find at the moment.

 

 

Sorry some answers are not terribly helpful, I genuinely got in a muddle a few years back due to ex not paying child support/other debts all being required which were more urgent and this fell by the wayside.... any advice most welcome

[renegadeimp]

I'd send them a CCA request, as theyd need the original to enforce it. However, it has to be done through certain procedures now. I bet you anything they have no paperwork at all, and will ask for more time to get it if you challenge them. Theyre hoping for a default judgement where they dont even need to check if the debt is actually legally enforceable.

[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

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

don't sign anything

.

dx

[pfcpompeysarah]

Just wanted to send a quick thanks for this, I have actioned it and will keep you posted. Sorry for the delay in replying, my PC is a little temperamental at the moment.

 

Incidentally, I got the notice of claims issue letter at the weekend from Lowells, surely that should come before the claim is set up with the court? It said that I should contact them as otherwise they 'may have to issue a CCJ' or something of that ilk, which is weird as surely that is what they have done anyway?

[AndyOrch]

 

Incidentally, I got the notice of claims issue letter at the weekend from Lowells, surely that should come before the claim is set up with the court? It said that I should contact them as otherwise they 'may have to issue a CCJ' or something of that ilk, which is weird as surely that is what they have done anyway?

 

Thats Lowells for you ...just wait to you get to the court process and they have to follow the procedure