Lowell Claimform - 2 cat debts

[Blueboy7]

Received a ccj letter from 2 catalogues,

 

was paying 10pw off 1 debt and nothing off the other as lowell said i  couldn't afford to pay the 2 off,

was finding it difficult to make payments and

 

told lowell, who suspended payments and said they would contact again to check if was in better financial situation to carry on paying, that was 7mths ago,

 

today received a ccj letter from Northampton business centre,

called lowell to try and set payments up again

( not letting on that had received the ccj letter)

 

they say its been passed over to another part of company,

ring them to try set payments up not telling these about letter too

 

was told they have sent a letter out in regards to account,

they wouldn't except any offer of payment

 

said need to pay full amount 1500 that's with charges asap or over 3mths max to pay it,

 

I dont have that money and explained this but woman wouldn't listen,

 

need some advice on how to go about what to do next please.. Thanks 

[fkofilee]

Hiya

 

Post up letter removing personal details - Lets see what you got...

 

FKO

[dx100uk]

you haven't received a CCJ letter...

you've received an N1 court claimform pack.

 

first bit of advise for ANY DEBT YOU HAVE

NEVER EVER RING A FLEECING DCA...THEY ARE NOT BAILIFFS!!

 

can you please fill this out:

then we can get you moving with what you should do correctly and in the right manner.

 

dx

 

 

[Blueboy7]

Name of the Claimant ?   lowell portfolio ltd

 

Date of issue –  28/8/19.

AOS +19 days =13/9/19

Defence filing  = 27/9/10

 

Particulars of Claim

 

What is the claim for – 

 

1) The claim comprises the following agreements the defendant entered in to:

A) gratton plc and Freeman's plc with reference $$$$$$$$$ and current balance of £489.23

B) shop direct financial services with reference $$$$$$$$ and current balance of £922.89

 

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

 

3.And the Claimant claims :

a) the total of said sums being £1412.12

b) interest pursuant to s69 county courts act 1984 at the rate of 8% per annum from the date of issue, but limited to one year, being £90.92

c) costs

 

What is the total value of the claim?  £1688.04

 

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

 

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

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No 

 

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 just added in September 

 

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? Not 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 ?

No

 

Why did you cease payments?  Was told by lowell after financial assessment that they would get intouch in few months to see if financial situation had changed,as they didn't think I could afford payments.

 

What was the date of your last payment ?Jan Feb 2019

 

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? Yes 

 

Hope this helps.Thanks 

[fkofilee]

So you dont have a CCJ yet - You have a Form from Northants CCBC - Okay time to help you defend. 

[dx100uk]

PLEASE NOTE YOUR CORRECTED DEFENCE FILING DATE.

 

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
 you DO NOT file a defence at this time
 click thru to the end
 confirm and exit MCOL.
.
.
 get a CCA Request running to the claimant FOR EACH DEBT LISTED

get a cpr 31:14 running to the solicitors

 

https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/
.
.
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]
 

[Blueboy7]

Thanks I will get that done, what will next process ? 

[dx100uk]

next process is already stated on the bottom of my last post...

please read things carefully several times

 

also its for YOU to get reading as many PCN claimform threads already here in the same forum as yours so you KNOW what the whole court process is..

CAG is self help too

 

[dx100uk]

Cpr 31:14 was missing from post 8

Dont forget that

[Blueboy7]

Ok thank you for that 

[Blueboy7]

After looking into the defence I.e lowell producing original paperwork, if they do pop up with it as it was a online application for both, they would be able to proceed with the ccj and we unable to pay the amount that they want,

Would the ccj be put on credit file ?

if this is the case is there a set time that the money has to be paid back ?

Or does the judge determine the time span ?

 

[AndyOrch]

Yes

No...but if paid within 28 days or the date on the Notice of Judgment ...the CCJ is not recorded as if never issued.

[Blueboy7]

Thank you andyorch just few  more questions,

 I put defence in and cca  forms dont come back then will submit that to court as I dont owe lowell the money...also the dates on form say acknowledge the forms so that's 14days then 28 days to pay either way ? 

[AndyOrch]

33 days in total to deal with the claim form,......19 days to acknowledge service (28th Aug being day 1) and if defending in full a further 14 days to submit you defence =33

 

If you were to lose and they did attain Judgment the Notice of judgment states when it must be paid by ...normally 28 days after the hearing or the date of the judgment notice

[dx100uk]

Let it run

See what happens

 could be months away if at all.