Lowell Claimform - HBOS credit Card

[gibster1957]

Hello everyone,

I have just received a letter of claim from lowells asking me to fill in a form from preventing legal action.

I have 30 days to do this.

 

The debt is for a credit card and I was paying a token sum till may 2016.

The debt has done the rounds with wescot/ moorcroft/ csl and now lowells with some offering a discount if paid off.

 

My question is,

do I ignore it or send them a cca request as the last thing I want is a ccj as my credit is now good.

 

Any advice would be appreciated

Edited November 25, 2018 by dx100uk
spacing

[gibster1957]

I have downloaded and completed the PAP form and will send off to Lowell solicitors. As far as the CCA goes, do i send it to them or directly to Lowell?.

[gibster1957]

So today after a few "keeping me informed" letters, I have received a copy of the agreement and a statement of all transactions and an oft default notice .

They have now given me 30 days to make an arrangement with them or they will continue their pre action process which could result in a claim form being issued.

Any advice would be appreciated.

[gibster1957]

So this is the letter showing outstanding balance sent with previously mentioned documents. Do i make an offer of a token payment as i dont want a ccj as my credit is now good?

[gibster1957]

[gibster1957]

[gibster1957]

Hi Andy, that is the only thing they sent regarding the default. I will try and post the agreement once i can get to a scanner. Many thanks.

[gibster1957]

Sorry, this one is correct.

 

 

cca1.pdf

[gibster1957]

Hi dx, the only other page was all of my personal information.

[gibster1957]

Definitely not dx, just transaction statements, signed agreement and an oft default sheet of paper.

[gibster1957]

So do i go back to them and ask for full cca and original default notice. They gave me 30 days to respond which is soon. Many Thanks

[gibster1957]

So bide my time Andy? As i stated previously my credit is now good and i dont want to damage it .Thanks

[gibster1957]

Ok, will see what happens. Thanks for your help.

[gibster1957]

Hi all,

today I have received the claim form issued 2nd April,

now just wondering where I go from here.

 

My thoughts are to send in the Acknowledgement of service  and defend all of the claim but as I haven't done anything like this before any help would be appreciated.

 

Thanks guys.

[gibster1957]

Name of the Claimant ? Lowell Portfolio

 

Date of issue –  02 APRIL 2019

 

 

 

 

 

Particulars of Claim

1) The Defendant entered into an agreement for a Halifax (credit card) account under ref ******* ( the agreement)

2) The Defendant failed to maintain the required payments and the service was terminated.

3) The agreement was later assigned to the claimant on **/**/2018 by and notice given to the defendant.

4) Despite repeated requests for payment the sum of £3283 remains due and outstanding.

And the Claimant claims

a) The said sum of £3283

b) Costs

 

What is the claim for – the reason they have issued the claim? - Non Payment

 

What is the total value of the claim?- 3548

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes

 

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? No

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

 

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...) ? No

 

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. Assigned to Lowells

 

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

 

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 ? No

 

Why did you cease payments? Unemployment

 

What was the date of your last payment? May 2016

 

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

 

I have completed the form but really dont know where to go from here. Thanks Guys.

 

[gibster1957]

Thank you dx. I have just filled in all the details on MCOL . I am trying to fill in the CPR31:14 from the template in the library but i am unable to edit it ( not very computer savvy). I have got most of it done however i cant edit claimants name/my name/ case number etc.

[gibster1957]

Thanks Andyorch, Thats now done. I will get it off to them by recorded delivery on Monday.

[gibster1957]

Hi all,  a few days ago I received a letter from lowells telling me that court proceedings are being taken ( a bit late for that as I have had the claim form for over a week). I have not heard anything as yet from Lowell solicitors since sending the CPR31:14 off to them. I need to be doing my defence on Mcol website but would appreciate any help on how to word it. Any suggestions would be appreciated guys as I have never done anything like this before. Thanks guys.

[gibster1957]

Thanks dx, will have a look. Thank you.

[gibster1957]

Hi all, today I have received documents from lowells after my  Cpr31:14 request. 

On opening they are exactly the same as requested on my pap form and which I have uploaded previously .

They are saying that they will not send any more documentation as it has all been provided.

I am in the process of getting my defence together before submission but there are so many I have read I don't really know which would be the most applicable.

Any suggestions would really be appreciated.

Thanks Guys.

 

[gibster1957]

Many Thanks dx. I will get the defence put together.

[gibster1957]

1) The Defendant entered into an agreement for a Halifax (credit card) account under ref ******* ( the agreement)

2) The Defendant failed to maintain the required payments and the service was terminated.

3) The agreement was later assigned to the claimant on **/**/2018 by and notice given to the defendant.

4) Despite repeated requests for payment the sum of £3283 remains due and outstanding.

And the Claimant claims

a) The said sum of £3283

b) Costs

 

Hi Guys, the following is the defence i intend to submit. I would be grateful of any suggestions comments.

 

DEFENCE

 

1)The Defendant contends the particulars of the claim as they are vague and generic in nature.I accordingly set out my casebelow and rely on CPR16.5(3) in relation to any particular allegation to which a specific response has not been made.

 

2) Paragraph 1 is noted. I have in the past had a contractual relationship with Halifax  however i do not recognise the particular account number referred to and have requested a copy of the agreement pertaining to this claim.As of this date, the Claimant has failed to comply with my section 78 request and therefore remains in default of s78.

3) Paragraphs 2 & 3 are denied. The Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR31:14, therefore the Claimant is put to strict proof to:

 

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

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

c) show evidence and service of a Default Notice pursuant to sec 88 of the CCA 1974

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

 

4) On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant to lay claim to contraventions of 136 of the Law of Property Act and section 82a of the Consumer Credit Act 1974.

 

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

 

Thanks Guys.

[gibster1957]

Thank you dx, will replace with Hbos. Will get on mcol this week to submit.

[gibster1957]

Ok, thanks dx. When would be the best time to file it?

[gibster1957]

Submitting defence this week, would appreciate any comments/ alterations before i do (Andyorch). Many Thanks