Lowell claimform - - old JDW simplyBe CAT 'debt'

[phil73]

Hi

 

I am really upset about this. I defaulted on a Simply Be catalogue account several years ago due to ill health. Nothing happened until 2015 when I was contacted by Lowell.

 

Unfortunately the letter had been opened (I live in a multiple occupancy building) and the reference number was missing. I contacted Lowell who refused to discuss the account. There was nothing further until June 2016 when I was contacted by Lucas Credit Services who may or may not be part of the same organisation.

 

I emailed them offering £30 per month with the stipulation that I would try to increase these payments as my situation improved. They did not reply but neither did they return any of the payments I made directly to their bank account- £250 in total.

 

At Christmas I once again found myself unable to pay and emailed them. I'm hearing impaired and can't use the phone. Again no reply but I resumed the payments a couple of weeks later.

 

So imagine my shock when I get a court claim from Cohen Cramer acting for Lowells! I had no notice of legal action. I did not think Lowell still owned the debt. The claim is for over £3000 but the original debt was £2400. I have filed Acknowledgement of Service online but I'm terrified they will make me pay the whole lot or huge instalments. I have no assets and rent my flat.

 

Please help

Edited March 5, 2017 by Andyorch
Paras

[mikeymack2002]

Also...

 

Can you please fill this out.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**(1-Viewing)-nbsp

Edited March 5, 2017 by Andyorch
Link corrected

[AndyOrch]

Thread moved to Financial Legal Issues.

 

Phil if you would read the above link and then copy and paste the Q,s and your responses back here to enable us to give you the best advice on how to proceed with this claim.

 

Regards

 

Andy

[phil73]

Thanks. I will have to do this tomorrow as I have left the paperwork in my desk drawer at work

[mikeymack2002]

Please remember time is of the essence here...

[phil73]

Hi all Please see below

 

Name of the Claimant ? Lowell Portfolio

 

Date of issue – . 22/02/2017

 

Date to acknowledge) = 12.03.2014

 

 

date to submit defence = 24.03.2014

 

What is the claim for –

 

 

1.The claim is for the sum of £2698.92 due by the Defendant under an agreement regulated by the Consumer Credit Act 1974 for a JD Williams account referenced ******.

2.The Defendant failed to maintain payments required by the agreement and a Default Notice was served under s.87 (1) of the Consumer Credit Act 1974 which has not been complied with.

3.The debt was legally assigned to the claimant on March 6th 2015 notice of which was given to the defendant.

 

4.The claim includes statutory interest under s.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £215.91. The claimant claims the sum of £2914.83.

 

What is the value of the claim? £2914.83

 

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

 

When did you enter into the original agreement before or after 2007? I'm not 100% sure but I think it was before.

 

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. The debt purchaser has issued the claim.

 

To make this more complicated, I had been corresponding with Lucas credit services who claimed to have bought the debt from Lowell. I have been paying them since June 2016

Were you aware the account had been assigned – did you receive a Notice of Assignment? I got a letter from Lowell but it was open and had been damaged.

 

Did you receive a Default Notice from the original creditor? No

 

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

 

Why did you cease payments? I could not afford them and was suffering serious mental health issues at the time.

 

What was the date of your last payment? February 27th 2017 last payment to Simply Be was December 2012

 

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? Yes

 

I hope this helps thank you !!!!!

[phil73]

Sorry I meant to add that my last payment to Simply Be was December 2012 - that is why I am shocked that it has taken so long to get to this stage.

[AndyOrch]

Thanks Phil your next task is to send a CPR 31.14 to the Solicitors named on the claim form and CCA Request to the Claimant.

 

Instructions and links to templates are provided in the above link in post #2

 

Andy

[phil73]

Thank you. I'm not disputing that I owe the money but I'm upset about being taken to court when I was making payments which were accepted.

[AndyOrch]

Thank you. I'm not disputing that I owe the money but I'm upset about being taken to court when I was making payments which were accepted.

 

Thats fine....this claimant isn't bothered what you have or have not done...they just want an uncontested judgment...hoping you wont defend.

[phil73]

Thank you. I've got the letters ready to go. The other issue is ownership of the debt. If Lowell assigned it to Lucas shouldn't Lucas be the claimants?

[AndyOrch]

To make this more complicated, I had been corresponding with Lucas credit services who claimed to have bought the debt from Lowell. I have been paying them since June 2016

 

Did you receive a Notice of Assignment from JDW informing you that Lowell had been assigned the debt?

 

Did you receive a Notice of Assignment informing you that Lowell had assigned the debt to Lucas ?

 

Lucas are just ambulance chasers ..they dont buy debts..just collect them for the likes of Lowell..I would suggest that you collate what you paid to them because you can bet its not been reduced from this claim amount..

 

Andy

[phil73]

Hi Andy I got a letter from Lowell but it was opened and part of it was missing. I think it said that it counted as a deed of assignment. I did contact them but they refused to discuss it. I have all this correspondence. Then I heard from Lucas 6 month later and immediately began paying them. I have paid £250 in all.

[Old Cogger]

more like Notice of Assignment?

[AndyOrch]

Thanks Phil

 

I think it would be advisable to run through some figures here...from the last payment to Simply b Dec 12 and what the balance was......what the balance was when it was assigned to lowell....and has it reduced by £250 along the way.

 

Have you actually made any payment to Lowell?

[phil73]

I think the balance in 2012 was just over £2k.

 

I did try to negotiate with Simply Be but they were insisting on huge repayments.

 

No nothing to Lowell because they would not discuss the account.

 

So what happens now?

If Lowell and or the solicitor produce the documents what will be the next thing?

[AndyOrch]

If you read a few threads with the same claimant and sols were other posters are further along Phil you will know what the process is and whats likely to happen next.

[dx100uk]

just seen you dates in post 6

they were widely out.

 

please go make sure you noted down the corrected dates for AOS and Defence filing.

 

you need to get CCA and CPR running ASAP

 

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

.

[phil73]

Hi

 

I have sent both those off yesterday to solicitor and to Lowell.

[dx100uk]

great time to go read threads here then now

don't ever miss your defence filing date whatever happens...

[phil73]

Thing is though... do I have a defence? I do owe the money and I have been trying to repay it

[dx100uk]

morally maybe

legally..urm.. why did the multi-national JDW consortium sell it?

they could have crushed you in court themselves.....urm..

[phil73]

Yes that's a point. I defaulted in 2012 so strange that it's taken them so long

[dx100uk]

racking up interest they can claim.

 

 

psst little tip....

going by your history

unless you are doing it whilst not logged in

you've not looked a one other relevant cat claimform thread.

 

 

search CAG box top red toolbar

[phil73]

Hi again.

 

Sorry to sound thick but when I filed my A/S I did not indicate that I would defend.

 

I don't think you can change this online can you?

 

I have sent CCA/CPR no response yet.

 

I have looked at other threads but nobody seems to have quite the same issue

-ie that I am paying off the debt .

 

Unless I am not looking in the right place.