Lowell Claim Form - Old Cat debt ***Claim Discontinued***

[Beefheart]

Name of the Claimant ? Lowell Portfolio Ltd

 

Date of issue – 05 Mar 2020

 

Particulars of Claim

 

What is the claim for –

 

Â* 1 The defenant entered into an aagreement with Very - Littlewoods/Additions Direct which was regulated by the consumer Credit Act 1974 Under reference (Number here) on (Date in 2014)('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 aassigned to the claimiant on 14/01/2019 and written notice given to the defendant.

 

4 Despite repeated requetsts for payment the sum of (£1900) remains due and outstanding.

 

And the claimiants claims

a) The amount and

b) roughly £200 in costs and interest

c) costs.           

 

*rough figures

 

What is the total value of the claim? 2200

 

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

 

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

 

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. Assigned. Debt purchaser has issued the claim.

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? I don't think so.

 

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

 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Not sure, but I have had one this year.

 

Why did you cease payments? I was trying to pay online through the website and it wouldn't let me.

I was in arrears but still trying to make payments.

 

What was the date of your last payment? 3 and a half years ago.

 

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

 

Hi,

I received a claim form for an old catalogue debt.

 

I thought I had things in hand with the claim but the recent pandemic has just stuffed up my plans in more ways than one.

 

My 78 year old dad is in hospital with sepsis and my mum is his specialist carer so she's having to go to hospital with him to sort out his care.

(He is seriously ill and I'm very worried for them both and I can't think clearly)

 

I was hoping somone could just check these details and perhaps give me a steer in the right direction.

I have acknowedge the claim with the court online.

 

I issued a CPR request to Lowell Solcitors and SAR request to Littlewoods/Very on 12th March.

 

I need to enter a defence and want them to prove the debt and that the default was issued.

I also want to know how much they purchased the debt for.

(I had a period 2 years agi where my dad was seriously ill and in hospital for 9 months and I didn't attend to my financial matters like I should have.

 

I really wanted to avoid a CCJ here but my plans to pay things off have just taken a massive nose dive due to the current situation with Covid 19.

 

If 05 March is the issue date, when does my defence have to be entered?

( I've just ordered a printer so I can post copies of my defence to the relevant parties.(Very hard to find a printer at the moment)

 

I was planning to defend as they haven't sent me the information I requested.

Agreement and notice of assigment.

Littlewoods haven't replied either.

 

Thank you for your time and the valuable resources you provide here.

 

 

[dx100uk]

.
 get a CCA Request running to the claimant
https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/
 leave the £1PO blank and uncrossed
.

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]
 

[Beefheart]

Thank you for your quick reply. I will do that ASAP (Tuesday when my printer arrives), and then enter the defense before the 33 days from 5th March are up. I must have missed a step as I didn't think about sending a CCA request to the claimant. I think I was confused with sending a SAR to the original provider and CPR to Lowells solctors. But I will send a CCA to Lowells portfolio.

[dx100uk]

defence due 6th april by 4pm

plenty of Lowell cat claimform threads here with the suitable holding/no paperwork defence 

post it up here 1st mind!!

 

I will suspect the debt is mainly BNPL interest?

[Beefheart]

Thanks agian. CCA request sent. There will some BNPL interest on there.

 

I'll submit my defence soon.

[Beefheart]

OKay, I want to enter my defence today or tomorrow ideally.

 

Here is my first stab at it - I have used a defence from a previous thread which I believes fits and updated it.  I would love any feedback , check to see if I am missing anything or if I'm completely wrong.

 

 1 The defendant entered into an agreement with Very - Littlewoods/Additions Direct which was regulated by the consumer Credit Act 1974 Under reference (Number here) on (Date in 2014)('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 14/01/2019 and written notice given to the defendant.

 

4 Despite repeated requests for payment the sum of (£1900) remains due and outstanding.

 

#####Defence#####

 

The Defendant contends that the particulars of claim are 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 Littlewoods/Additions Direct but do not recall the specific details or any outstanding balance.I have requested clarification from the Claimant.

 

2. Paragraph 2 is noted .As above I do not recall the details and await a response to my CPR 31.14 request and section 78 Request pursuant to the CCA1974.

 

3 .Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served on 14/01/2019.

 

On the 12^th March 2020 ( 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 at this time 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 and evidence the breach and service of a Default Notice pursuant to sec 87(1) CCA1974 on which the Termination referred to relies upon.

(c) 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;

 

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

 

6.Paragraph 4 is denied.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.

---------------------

 

Thanks for your time and efforts in helping me on this.

 

[AndyOrch]

Check the above now Beefheart...

 

Andy

[Beefheart]

That's great, thankyou Andy.  I will get that ready and submit the defence. Jon

[Beefheart]

I have sumbmitted my defence on line. Am I supposed to send a copy to the Claimaint or is completing it online enough? Thank you.

[dx100uk]

No

Mcol does that

 

Now get reading up on like threads

[Beefheart]

Thank you for all your help with this.  I had an email offering to settle for a slightly lower amount which i refused.

 

Then i have just received a notice of discontuance confirming legal proceedings have been nough to an end.

 

This website has been a massive help, thanks to all.

[dx100uk]

I will assume from lowells solicitors?

 

nothing unusual there once they see an andyorch CAG defence land on their doormat

 

dx

 

[Beefheart]

Yes , it was from Lowell Solicitors.  Donation made to CAG for it's great help.  Thank you dx100uk and to Andyorch .

[AndyOrch]

Well done ...topic title updated.

 

Andy

[Purpleflowers 2]

lowell purchase debts at a very very cheap price, they will write that bailiffs will remove items for the value of the debt but its only a threat to scare you and if the bailifs do arrive at your property they will scare you by looking around and adding items values up to the debt to make you believe they will remove the items BUT its ONLY done to scare you into paying, so hold your nerve and say your not paying. Lowells own bailiffs they send can't remove items from your property.

Edited May 4, 2020 by Purpleflowers 2

[dx100uk]

they cant send bailiffs!! 

a DCA is NOT A BAILIFF!!