lowell court proceedings

[mummycass1]

Hi I am having a very difficult time from Lowell .

they have taken court action .

I keep trying to explain that it is not my name on the so called debt but nobody is taking any notice

 

I am having great difficulties with Lowell debt .

the debt they are claiming is mine is not in my name or have they provided any proof of it being mine .

they have now issued court proceedings

I have tried to explain all of this to them but to no avail

Edited October 26, 2018 by Andyorch
Merge

[honeybee13]

Hi.

 

 

Do you already have a thread about Lowell please?

 

 

HB

[mummycass1]

Hi I am hoping to get some info on how to deal with Lowell - court action

 

No I have just posted about the problem I am having with lowell

Edited October 26, 2018 by Andyorch
merge

[honeybee13]

Okies, I'll move you to the Financial Legal forum in view of the claim form.

 

 

HB

[mummycass1]

Thank you

 

The problem being it is not in my name ,I have tried explaining this but it is ignored

Edited October 26, 2018 by Andyorch
merge

[honeybee13]

Could you let us have the information requested in the forum sticky please? It will help the guys to advise you. I've assumed you're in England or Wales.

 

 

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2018**

 

 

HB

[mummycass1]

sorry I do not no how to reply

[dx100uk]

just type here what has happened to you ..

 

follow the one cabot started against you in court last year

 

dx

[mummycass1]

I have received from Lowell a debt letter but the problem is it is not in my name ,

 

I have tried to explain this to them but to no avail .

 

they then sent me a county court summons

I sent this back to court explaining that this is not my debt as they have not provided any evidence and it is not in my name .

I also returned to Lowell the same this is not my debt as it is in the wrong name .

 

they then sent me a small claims paper work ,

which again I returned with the same this is not my debt wrong name

also no proOf provided .

 

now I have received from court a letter that I have not filled in this small claims form

 

why would I its not in my name plus they have not provided prof other wise

Edited October 25, 2018 by dx100uk
Spacing

[dx100uk]

Like before youve got a claimform

What date is the date top right on the claimform N1

[mummycass1]

It is 31/08/18

Edited October 25, 2018 by mummycass1
looked in wrong place for date

[dx100uk]

ok so you sent in a defence

did you send in a cca request and a cpr request as before?

[mummycass1]

No I haven't sorry

 

I have a drs appointment at the hospital ,as soon as I return I will get on to this .

Edited October 26, 2018 by Andyorch
merge

[dx100uk]

when you get back tell us exactly what you have done with this claim to date please

and expand on this name issue please

 

its totally not your name?

[mummycass1]

Hi to date I have returned papers to court explaining this debt is not in my name ,

also Lowell have not sent any paper work to prove it is my debt.

 

Court replied they have sent to Lowell my return paper work and they have 28 days to reply.

 

I also sent to Lowell the same copy of the letter again saying this is not my name plus they have not provided any thing to prove it is my debt ,

the only thing I received is a small claims paper work to fill in .

 

I returned to court that this is not my name

-they returned back to me saying that they could not prosses as I had not filled it in

well I haven't as it not got my name on ).

 

So far that is were we at

[dx100uk]

if its not in your name you don't need to do anything with it.

 

explain why its not your name

 

is it like your name [but spelt wrong say?]

or has someone taken out credit at an old address you moved out of

they've now traced you and claim its you

[mummycass1]

Hi It is like my name by having some of my name in it ,

[dx100uk]

have you still got the original court paperwork still?

 

on the front sheet there is a box called particulars of claim.

 

can you type that out as it appears WORD FOR WORD EXACTLY.

but leave out anything that identifies your name or address.

 

regardless to the name issue, do you recognise this debt at all?

[mummycass1]

Hi I do still have original court docs. as for the debt no I do not recognise.

1)

The defendant entered into an agreement for a Graton PLC and Freemans PLC accountunder ref …... (the agreement)

2)The Defendant failed to maintain the required payment and the agreement was terminated .

3)The agreement was later assigned to the claimant on 04/01/2018 by Graton PLC and Freemans PLC notice given to the defendant .

 

4) Despite repeated requests for payment the sum of £719.85 remains due and outstanding .And the claimant claims.

a)The said sum of £719.85

 

b)Interrest pursuant to s69count court Act 1984 at the rate of 8% per annum from the date of assingnment to the date of issue . accruing at a daily rate of £0.158, but limited to one year ,being £37.55

 

c)costs

 

Sorry also I have not received any thing from them with a signature ?

[dx100uk]

its a freemans shopping catalogue debt.

 

typically [since 2006] these can be taken out online by simply ordering from the website, there would have been a tickbox agreement.

very few pers details are needed for fraudsters or by identity theft to achieve this.

 

without me looking back..have you moved in recent years?

[mummycass1]

No I haven't moved in for years 12 yrs.

[dx100uk]

why don't you log in to that MCOL website they talk of on the page where those particulars of claim are and see what the status of the claim says?

the password is at the end of the information box on the right.

 

it appears the court have excepted your defence hence giving lowells 28days..they say that in the same letter .

 

dx

[mummycass1]

I have tried to get on the MCOL it is saying ( there is a error in the I.D. or password ) . at the minuet I am trying to contact the help phone number.

[dx100uk]

if you remember this thread:

https://www.consumeractiongroup.co.uk/forum/showthread.php?481666-cabot-Mortimer-claimform-old-julipa-JDW-CAT-Debt

 

you use the same registration [log it] you did then

 

log in with it

you should see two claims.

 

then use the bits required from the new claimform.

 

dx