Lowell Claimform - Old JD Williams CAT Debt

[delicarik123]

Hello,

I have this morning received a Claim Form, it is from Lowells.

 

i am confused,

I am pretty sure I took this up with Shop Direct at the time and asked for documents etc but to no avail.

 

This account was defaulted on 29/10/2013 and has been with lowell for a while.

They have tried to ask me for the money back but I did not respond.

 

The debt on the letter from solicitors 2 weeks ago states i owed 846.65 but this claim form says 914.38 then fees on top of that bringing it to 1044.38.

 

My question is,

do I fight this or do I offer them some payment scheme if they will allow at this point as I have had no communication with them.

 

Any help would be greatly appreciated.

[dx100uk]

can you fill this out please:

 

 

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

[delicarik123]

Name of the Claimant ? Lowell Portfolio I Ltd

 

Date of issue – 19 May 2017

 

 

What is the claim for – the reason they have issued the claim?

Particulares of Claim:

 

1) the defendant entered into a Consumer Credit Act 1974 regulated with JD Williams 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 31/03/2014 and notice given to the defendant

4) Despite repeated requests for payment, the sum of £846.65 remains due and outstanding

And the Claimant claims

a) The said sum of £846.65

b) Interestpursuant 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 £0.186, but limited to one year, being £67.73

c) Costs

 

What is the value of the claim? £1044.38

 

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

 

When did you enter into the original agreement before or after 2007? 06/11/2011

 

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. DCA

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Don’t remember notice of assignment

 

Did you receive a Default Notice from the original creditor? Can’t remember

 

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

 

Why did you cease payments? Payment difficulties – asked for credit agreement etc and either no response or they sent me minimal info – was some time ago (over 4 years)

 

What was the date of your last payment? Probably 2013

 

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

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan ? yes

[delicarik123]

Just realise I said Shop Direct and it is JD Williams, I thought it was shop direct.

[dx100uk]

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway 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

[delicarik123]

Thank you for this, much appreciated. I have done MCOL. I am now printing off the CCA and CPR 31.14 to send.

[delicarik123]

Also, sorry to be a pain, but I will be moving from my current address soon, can I provide them with a care of address?

[dx100uk]

when do you think it will happen?

 

 

dx

[delicarik123]

will be out of current address by end june

[dx100uk]

do you def know where you are moving too? address

 

 

dx

[delicarik123]

With parents sadly as a temp measure, don't want any "bad debt" moving there with me though

It is only temporary though. I will be redirecting my post, so maybe just leave it as where i am?

[dx100uk]

yes redirection is much better but you must inform all your creditors if you move else backdoor ccj's will come!

[delicarik123]

Yes I will do, can I just say it is a care of address, what I don't want is if I was to get a CCJ for it to be linked to their address. thanks

[dx100uk]

old wives tale

no such thing as a CCJ linked to any address hurting anyone else in the household

[delicarik123]

Ok thanks, that makes me feel a little better

 

I have just had a thought,

anything I send to them (going to post out letters recorded on Friday)

if I sign them,

I can sign them in my maiden name as I have changed names

and send them a copy of my marriage cert, decree absolute and birth cert to verify me, do you think this is ok.

 

Many thanks

[dx100uk]

you don't sign ANYTHING

go read the CCA request

and the

CPR 31:14 links again!

[delicarik123]

ok sorry yeah will do. I have trouble retaining info. Thanks again.

[dx100uk]

then all the more reason to re read your thread and the info already given to refresh your mind before you do anything you are not sure about.

[delicarik123]

Thanks for your help dx it is much appreciated.

[AndyOrch]

You can defend the claim fully using either your maiden name or married name..both are legally accepted.

 

Regards

 

Andy

[delicarik123]

Thanks Andy