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Lowell claim form - old studio debt***Claim Discontinued***

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I’ve just received a claim form out of the blue from Lowell’s for an old studio catalogue debt,

I have received the normal threat letters from them months ago but as far as I’m aware not a letter confirming that they are taking me to court.

Can they do this?

 

I’m also wondering if they are doing this as the debt may be statute barred or is just about to become barred.

 

The original agreement was started August 2012 and defaulted March 2014, but I’m unsure when the last payment was.

 

Also just to check do I respond as normal to the claim form?

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Name of the Claimant ?Lowell portfolio ltd

 

Date of issue18 jan 2018

 

Particulars of Claim

 

1. the defendant opened a studio regulated consumer credit account in reference xxxxxxxxx on xx/09/2012 (‘the agreement’).

2. In breach of the agreement, the defendant failed to maintain the required payments and the agreement was terminated.

3. The agreement was later assigned to the claimant on xx/09/2015 and written notice given to the defendant.

4. Despite repeated requests for payment the sum of £350 remains due and outstanding.

 

And the claimant claims

a) the said sum of £350

b) interest pursuant to s69 count 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 £0.076 but limited to one year, being £27

c) costs

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?Not that I’m aware only normal threat letters

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?No

 

Did you inform the claimant of your change of address?N/A

 

What is the total value of the claim?£461

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Catalogue

 

When did you enter into the original agreement before or after April 2007 ?After

 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?Yes

 

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. Debit purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Probably, can’t remember

 

Did you receive a Default Notice from the original creditor? Not sure

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not that I’m aware

Why did you cease payments?Couldn’t afford them

 

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 plan? No

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when was your last payment to this?

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you would need to have not paid this within 6yrs,

does your credit file not state payments?


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I’m unsure when the last payment was as my credit report only goes back to 2016

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Go phone studio and ask them for the last payment date

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I’ll give them a ring.

 

Do do the claim form as usual on the mcol site?

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Wait until you get the information they we can advise on next steps

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what did they say?


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Managed to speak to someone at studio, as the account has been inactive for so long they no longer have the date of the last payment or even what the balance was when the account defaulted. I though companies had to keep that information for a certain length of time.

So what do I do now ?

And I’m getting worried that time is running out to get the claim form off.

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are you certain you haven't paid anything on this for 6years?

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if the debt was cleared. how would that affect me applying for finance. would it not be better if its paid rather than outstanding?

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if the OC has no records that means its last payment/transaction was outside of 6yrs and as per guidelines they don't have to keep the info.

 

pers id follow this:

 

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 [1 in the count]

 

………..

 

 

then if you like go back in and file this defence:

 

E&W

....

 

 

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..


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Thank you for all your advice.

Just wondering If I use the statute barred as my defence and once I get the information back from Lowell and it’s not SB what do I do then?

Also Lowell have now sent me the letter saying they’re taking me to court.

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Basically your up the creek...thats why its imperative to do the research before submitting a statute barred defence.


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Basically your up the creek...thats why its imperative to do the research before submitting a statute barred defence.

That’s what I thought, so if I don’t get the information back on time what should I do?

Also what’s the latest date I can submit my defence?

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no harm in ring shop dorect again

sometimes a different operator has differing skills

defence filing date is already explained in post 14.

 

if you find out its not SB'd then you file our std holding/no paperwork defence in most claimform threads here already in the very same forum


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Still not had anything back yet, how long does it normally take?

Also have I got my calculations right I need to file a defence by the 22nd of February?

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how to calc your defence filing date is in post 14.

 

did you ring SD again to see if another operator can give you the info.

 

you could always remind them that under the prevention of fraud act

and

the data protection act

they MUST keep data for atleast 6yrs

speak to a supervisor if you need too

it would be far better if you could file the SB defence.


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Hi, tried ringing the SD again but got the same answer, no information.

 

Received two letters from Lowell, first one acknowledging they’ve received my letter and they are requesting further information from the original creditors, good luck with that.

 

The second letter states I’ve failed to respond to the court claim with either a proposal or a reason why it’s disputed.

If I don’t contact them by the 19th they will ask the court to enter a CCJ against me.

I thought I had more time then that?

Edited by dx100uk
spacing

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Defence is not due until Tues 19th Feb 4.00pm...you have acknowledged service and stated you intend to defend all ?


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Defence is not due until Tues 19th Feb 4.00pm...you have acknowledged service and stated you intend to defend all ?

 

Yes I have acknowledged service and stated to defend all.

 

I better sort out my defence then if it’s due by Tuesday, though I thought I had longer. Must have got my dates wrong.

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33 days from and including the date on the claim form

 

Date of issue 18 Jan 2018


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I’ve found this defence in another post which is very similar to my case, if I tweak this for my details would it be ok?

 

Particulars....

 

1.The defendant opened a studio regulated consumer credit account under reference ***** on 08.11.2008.

 

2.In breach of the agreement the defendant failed to maintain the required payments and the agreement was terminated. The agreement was later assigned to the claimant on 28.06.2017 and written notice given to the defendant.

 

3.Despite repeated requests for payment the sum of £440.6 remains due and outstanding.

 

And the claimant claims the said sum of £440.66 interest pursuant s69 count 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 0.097 but limited to one year being £35.25

Costs

 

Defence

 

The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

Paragraph 1 is noted. I have had an agreement in the past with Studio but do not recognise the account number referred to by the claimant.

 

Paragraph 2 is noted but not admitted. The claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the defendant did not enter into any agreement with the claimant and is therefore put to strict proof to verify the alleged statement of its particulars.

 

I am unaware of any legal assignment or Notice of Assignment allegedly served 28/06/2017.

 

On the 06/12/2018 I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. The claimant responded with a letter dated 13/12/2018 enclosing a copy of an assignment. Enclosed is a copy of a letter dated 23/08/2017 introducing Lowell and saying that Express Gifts have sold the account to Lowell.

 

On the 13/12/2018 Lowell have sent a letter stating they have asked for a copy of the agreement and statement and will contact once a response received. To date 27/12/2018 no agreement and statement have been received.

 

It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/agreement/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show and evidence the nature of breach and service of a default notice pursuant to section 87(1) CCA1974

© show how the Defendant has reached the amount claimed for; and

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.

 

By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

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