Lowell Claimform - two old old cat Debts

[micheybabes]

Hi everyone,

I wondered if you could advise me on what to do about the paperwork I've received in the post this morning. 

 

From County Court business centre and lowell.

It's from an old catalogue debt, in fact two are listed.

One for £593 and

the other for £1681.

 

the higher figure is from an account from 2008 the lower from more recently, approx 2014. 

 

How do i go about responding and what if any kind of payment offer do I make?

Do I admit to the full debt? 

 

They've obviously added costs on and the full amount is now £2642

 

Thank you in advance

Michelle 

[dx100uk]

please complete this:

 

 

[micheybabes]

Name of the Claimant ? lowell

 

Date of issue – 16th August 

 

Particulars of Claim

 

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

 

Jdwilliams £1681.86

And

Jd Williams £593.75

The agreements were terminated as payments were not maintained and subsequently assigned to the claimant

 

What is the total value of the claim? 2642.66

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Had not been opening letters from lowell

 

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?

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...) ? 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. debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes I was aware

 

Did you receive a Default Notice from the original creditor? Yes

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Yes 

 

Why did you cease payments? Other priority debts to be paid

 

What was the date of your last payment? Have not paid for last 3 years at least

 

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

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No

 

 

Thank you for the quick reply I really do appreciate your help

 

Michelle

 

[dx100uk]

is that all the particulars of claim say please?

 

 

[micheybabes]

Yes that's what I copied from the form

[dx100uk]

god they are getting worse.

 

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 for each debt

get a CPR running to the solicitors 

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]

[micheybabes]

Thank you so much. I was just going to accept and hope I would be able to afford whatever payment they have me

 

I have absolutely no legal knowledge whatsoever so your help is appreciated not than you know! 

 

Have you seen cases like this before, do you think I stand a good chance? 

 

Thank you! 

[dx100uk]

100's of cat debt claimform threads here already 

get reading

don't give in

lots of water to flow under the bridge yet esp if they cant find the signed agreements!!

 

follow the guide above then comeback here

[micheybabes]

I've entered details online, defended, does this look OK? 

 

TIA

[AndyOrch]

Not really..... its not time to submit a defence.....just acknowledge service for now and your intention to defend all...then exit.You have 33 days in total to deal with the claim.

 

Andy

[micheybabes]

Ah I understand now I've completed the AOS, confirmed and submitted 

 

I'll have a look at the other bits I need to do now, thank you! 

[dx100uk]

all in post 6 already.

[AndyOrch]

If you re read post # 6 above....it does not tell you to enter a defence yet.....and you most probably wont be able to alter the one you have now submitted.

[micheybabes]

I didn't submit it, it wasn't saved at all

[AndyOrch]

Phew !!!! 

[micheybabes]

I know

Lots to take in and I'm not very good with the legal jargon, sure they try and make things as complicated as possible so prior think it's easier to just give up and give in

[AndyOrch]

No easier to defend once you have a read around of other similar threads.

[micheybabes]

Hi just an update. Sent my cca request off by recorded delivery yesterday with postal order included, so now just waiting to hear back  

 

Thank you for your help in guiding me

 

Michelle

[dx100uk]

no..thats not what we said nor what you'll read in any claimform threads here under the selfhelp reading you should be undertaking...

nor as already advised in post 6.

[micheybabes]

I'm sorry I wasn't very clear. I've also sent off cpr request now and will complete my defence. I understand I've not got to sit back and wait for a response from Lowell. 

 

Michelle 

[micheybabes]

Received a letter from the lovely Lowell today confirming they had have received my requests and are waiting for more information from the creditor and will be in touch. 

Now to start my defence

[dx100uk]

loads of Lowell cat debt threads here to follow with the std holding/no paperwork defence

due next Tuesday by 4pm

post it here 1st.

[micheybabes]

Thank you, I'm looking through them now to get lots more info 

Much appreciated

Edited September 10, 2019 by micheybabes

[micheybabes]

Hi this is my first attempt (be gentle with me) 

Thank you in advance

 

Particulars of claim for cross reference.

 

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

a. JD Williams & Company Limited with reference ******** and current balance of £1681.86

b. JD Williams & Company Limited with reference ********and current balance of £593.75 

 

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

 

And the Claimant claims :

a) The total of the said sums being £2275.61 

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 £182.05

c)Costs

 

 

 

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.

 

1 Paragraph 1 is noted. I have had an agreement in the past with JD Williams & Company Limited but do not recognise the account numbers referred to by the claimant. 

 

2 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.

 

3 On the 22/08/2019 (sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. The claimant has failed to date to respond to the CPR and remains in default of the section 78 request.

.

4 It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/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; and

(b) show how the Defendant has reached the amount claimed for; and

(c) Show and evidence any breach and service of a Default Notice which it refers to in their particulars;

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

 

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

 

6 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.

 

7 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.

 

[AndyOrch]

1 Paragraph 1 is noted. I have had an agreement in the past with JD Williams & Company Limited but do not recognise the account numbers referred to by the claimant. 

 

What account numbers ?