Lowell claimform - 3 sep CAT debts ***Claim Discontinued***

[disneygirl]

Hi All

 

Have tried other forums for advice but have had no response,please help advise any way you can.

Buried head in sand,

ignored previous correspondence,

more so after one of their collectors knocked on my door in 2017 without appointment.

received on 12-07-2019 Claim form re debts.

3 claims 2 separate companies on form is this correct?

Checked Noddle/Credit Karma for credit report and reference numbers are totally different?

So from extensive reading of this Forum, many thanks to all posters and those who replied to help,

I presume next step is to acknowledge the Claim online to gain extra time?

I think I am right in the next part asking for details of each debt, last payment made etc?

Any help is much appreciated as I am disabled with multiple health and mental problems.

On digging deeper into credit report the default dates on debts are as follows
1=30/01/2014
2=29/01/2014
3=25/05/2014

How do I obtain further information from Lowell re these debts bearing in mind claim form from court already delivered.
Any help is much appreciated as I am disabled with multiple health and mental problems.
Trace

[dx100uk]

please complete this:

 

 

[disneygirl]

Hi many thanks for quick response think I have filled in all details correctly see below

 

Name of the Claimant ? Lowell Portfolio

 

Date of issue –  11/07/2019

Used MCOL online for AOS 17/07/2019

 

Particulars of Claim

 

1)The Claim comprises the following Agreements the Defendant entered into:

a. JD Williams & Company Limited with reference ,,,,,,,,, and current balance of £1319.67

 

b. JD Williams & Company Limited with reference …….. and current balance of £246.50

 

c. Express Gifts Limited with reference ,,,,,,, and current balance of £1209.97

 

The Agreements were terminated as payments were not maintained and subsequently assigned to the Claimant,

 

which claims:

a) The total of the said sums being £2776.14

b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, but

limited to one year, being £222.09

c) Costs

 

What is the total value of the claim? 3183.23

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ?  After a cold call by one of their collectors buried head and ignored letters.

 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?  Lived at current address since 2010 so No

 

Did you inform the claimant of your change of address? See Above

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

 

Do you recall how you entered into the agreement...On line /In branch/By post ? Online

 

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

 

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. Debt Purchaser

 

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

 

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

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?  Not as I recall

 

Why did you cease payments? Financial problems

 

What was the date of your last payment? Not sure, long time ago years

 

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

 

Any help is much appreciated

Trace

[dx100uk]

last payment date for each..is there any possiblity this might be outside of 6yrs?

the defaults arent too far short and shop direct were notorious for DN late filing.

 

 

[disneygirl]

Hi dx100uk

Thanks for reply

Have downloaded all bank accounts going back to 2012, checked same for JDWilliams/ J D Williams/ Williams and can find no indication of payment at all to any name or similar

But Express Gifts ( Studio Cards? ) according to bank statements made last payment ( £35 ) on 24/07/2013.

The reference numbers shown by Lowell do NOT match the account numbers shown on my credit file?

 

Once again many thanks for help

Trace

[dx100uk]

sorry I was mixing the wrong CAT provider in there.

yes JDW, not SD

 

so in a nut shell you cant find any payments to JDW or say Littlewoods or any of the JDW catalogue names they provided

but can find ref for studio cards [yes express gifts]

 

so they are trying 2 claim on at least 2 cat debts that are prob SB'd and using AC numbers in their POC that don't appear to match those on your credit file?

 

what about the studio card details, does the payment ref match the POC AC number?

[disneygirl]

Following copied pasted from credit file all personal info removed

 

LENDER BALANCE UPDATED STATUS

 

Lowell £ 246 09/07/2019 Default

 

Account type Mail Order

Account number ;i;;;;;;;:;::6995 0       claim form= P9323927

Account start date 26/04/2013

Opening balance £246

Repayment frequency Monthly

Date of default 31/01/2014

Default balance £246

 

LENDER BALANCE UPDATED STATUS

 

Lowell 1,319 09/07/2019 Default

 

Account type Mail Order

Account number ;;;;;;;;;;;;;7001 0         claim form= Y8900056

Account Start date 19/10/2012

Opening balance £1319

Repayment frequency Monthly

Date of default 29/01/2014

Default balance £1,319

 

LEN DER BALANCE UPDATED STATUS

 

Lowell £1,209 09/07/2019 Default

 

Account type Mail Order

Account number i;i;::;i:;;:i;4533 0       claim form= 105540308

Account start date 21/09/2012

Opening balance £1,209

 

Many thanks

Trace

Repayment frequency Monthly

Date of default 25/05/2014

Default balance £1,209

As you can see numbers on all claims totally different in last 4 figures

Have further checked accounts for Littlewoods and no payments to that name exist from any bank account

 

 

 

[dx100uk]

have you bank statements prior to 6yrs

 

dx

 

[disneygirl]

Online banking will only let me go back to 01/08/2012

Will need to find paper statements to go any further back in time, not impossible but time consuming with deadlines

 

T

[dx100uk]

go ring JDW and ask then.

 

ask them for the last payment dates

if they mess you around..

 

state the under the data protection act

and

the prevention of fraud act

 

they MUST hold data for 6yrs.

ask to speak to a supervisor if you need too

 

you need them to confirm that they do not hold the data BECAUSE its outside of 6yrs

 

they must either confirm the above

else give you the date of the last payment

 

if they dont do either

state you will be immediately phoning the ICO about their refusal and will be opening a serious complaint against them and seek financial compensation.

 

 

 

 

 

 

 

[disneygirl]

will this affect timelines in defending claim?

do I need to send cca request or cpr 31:14 docs?

sorry to appear dumb

T

[dx100uk]

yes possibly but get that info

it could be a game changer

 

 get a CCA Request running to the claimant for the studio one

and a CPR for the whole lot

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]
 

 

[disneygirl]

So

1. Ring J D Williams re repayment dates and other info held

2. CCA to Lowell Portfolio re Studio Cards ONLY

3. CPR 31:14 to Lowell Solicitors for the entire claim

 

Cannot thank you enough dx

 

Question should I also ( as well as phoning ) send cca to J D Williams so I have all info in writing?

 

Is my version of cpr 31.14 ok to send as below

 

[removed - dx]

 

or do I need to make changes???

Thanks

Trace

[dx100uk]

what does it say in red at the very top

 

dx

 

[disneygirl]

OH !!!!!!!!!!!!! SWEAR 

I am so sorry to all on the forum how do I delete??

 

[dx100uk]

its not there..

 

the original creditor has nothing to do with the claim 

 

[disneygirl]

ok I understand now, they will be in post tomorrow, will update when I hear anything back.

I presume I continue updating on this thread?

many thanks again

Trace

[dx100uk]

no you comeback here with the phonecall result.

[disneygirl]

ok will do

T

[disneygirl]

 

Hi 

It has taken me 2 full days to get to a live human being not an automated voice asking for an account number!!!

 

Phone call result as follows:

1 account is in the name of Crazy Clearance last payment made 31/07/2013 EXCEPT shown on bank statement as payment to Value Cat Internet??

 

1 account is in the name of Fashion World Internet  last payment made 31/07/2013 

Both these accounts are shown on claim form as J D Williams

 

The person I spoke to at J D Williams listed a lot of the items that were purchased on both accounts, and except for shoes none were near my size, her recommendation is for me to ring Lowlife and dispute both accounts ( even though claim form issued ) and both accounts should be returned to J D W as being in dispute as a possible fraud investigation.

 

I will however follow advice from persons more knowledgeable in these matters.

T

[dx100uk]

get the fraud bit in writing please

[disneygirl]

Hi dx

I asked if they could email details etc to me the answer was no,because account has been passed to 3rd party and because of data protection. They stuck their neck out telling me as much as they did.

T

 

 

[dx100uk]

well no its not because of data protection as its within 6yrs and they hold it.

 

ok well we've established they are not SB's which was the main reason so

we can introduce the fact they are poss fraud later

but as you've been at that address since 2010 I wonder what address they had for them?

 

so CCA request off for each one now please

[disneygirl]

cca to Lowell for each correct?

 

[dx100uk]

yep lets get the bogroll they produce