Lowell Claim form - old CAT debt

[Joanie99 1]

Hi

Can anyone help - I have received a claim form for a catalogue debt from 2011?

I know to acknowledge the claim online but do I need to send anything to Lowell?

 

Thanks

[dx100uk 9,639]

welcome

 

moved to legal forum

 

can you please complete this so we have all the correct info to properly advise J99

 

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

 

dx

[Joanie99 1]

Name of the Claimant Lowell

Date of issue 23/3/18

 

Date to file defence 24/4/18

 

What is the claim for:

 

 

1.The claim is for the sum of £764.49 due by the defendant under an agreement regulated by the Consumer Credit Act 1974 for a Shop Direct account with an account reference XXXXXXXXXX.

2 The defendant failed to maintain contractual 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 14/4/11, notice of which has been given to the defendant.

4 The claim includes statutory interest under S.69 of the County Cours 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 £61.16. The claimant claims the sum of £825.65

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No

 

What is the value of the claim? £955.65

 

Is the claim for - a catalogue

 

When did you enter into the original agreement before or after 2007? 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. DCA

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No

 

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? was in financial difficulties at the time

 

What was the date of your last payment? Not sure

 

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 planicon? No

Edited March 27, 2018 by dx100uk
format

[dx100uk 9,639]

was your last payment more than 6yrs ago?

[Joanie99 1]

99% sure it is yes

[dx100uk 9,639]

go ring shop direct and ask please

[Joanie99 1]

17th July 2010

[dx100uk 9,639]

brilliant!! statute barred then.

 

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 start 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

.

type your name ONLY

 

no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform.

 

dx

[dx100uk 9,639]

then go file this as your defence

no need to wait anything

 

 

The following defence is all you need if it is SB

 

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.

 

..ends..

[Joanie99 1]

What brilliant service guys - thanks millions

[dx100uk 9,639]

should blow it straight out the water.

 

no harm in reading a few claim threads though..

[Joanie99 1]

I will do for sure.

[Joanie99 1]

Hi all

Filed a SB defence and Lowell have written saying I made a payment in 2014 for £2.50 and they are sending the credit agreement through. I have no recollection of this and not sure where to go from here.

Thanks

[Old Cogger 957]

demand they tell how paid/by whom/ cash/cheques (on account whos)/ postal order No/ another word prove how paid, CCA1974 why have they not sent one before? and is the one they got enforceable? Lowells lie a lot admin errors they state,

[dx100uk 9,639]

what date did you file your defence please?

[Joanie99 1]

10/4/18

[dx100uk 9,639]

so not quite stayed yet then

let it run

see what they do.

[Joanie99 1]

Thanks both