Lowell court claim form - EDF energy and capital one credit card.

[Ralphington]

Good afternoon Everyone, 

 

Im new here and was advised to come here to try to help get some answers!

 

I recently received a letter from Lowell about some debt that is roughly 5 years old now. 
 

It’s for EDF energy and capital one credit card both on the same claim form?

 

im not sure it’s even a legit claim form but how would I know?

 

I just don’t know what to do about it ? Ignore it or contact them?

 

thank you all In advance. 
 

 

Edited September 21, 2020 by Ralphington

[dx100uk]

please complete the following (post 1 there)

 

 

[Ralphington]

 

Issue date: 07 September 2020

 

Name of Claimant: Lowell

 

Particulars of claim 

 

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

a. EDF energy customer plc with reference ...... and current balance of £124.47

b. Capital one (Europe) plc with reference ......and current balance £194.97 

 

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

 

3.And the claimant claims:

a)The total of the said sums being £319.44

b) Interest pursuant to s69 county court 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 £25.56

c) costs 

 

What is the total value of the claim?

EDF - £124 

capital one - £194
 

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? Yes
 

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? Credit Card/Utility   
 

When did you enter into the original agreement before or after April 2007 ? Before
 

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...) ? Not sure, can’t access that at the moment 
 

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 collector - Lowell’s 
 

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 that I can remember 
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Yes
 

Why did you cease payments? Change of circumstances 
 

What was the date of your last payment? Maybe 2015 
 

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

[Ralphington]

What do you advise I do now then? 
I spoke with citizen advice and they told me that one claim fom cannot have 2 debts on the same one and it probably isn’t legit. 

[dx100uk]

 yes it can have 2debts on it quite common for lowells.

 

 

[dx100uk]

thread tidied

 

[if mcol is not working return after the w/end or the next day if week time]
.
 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

[you MUST file a defence regardless by day 33 ]
 click thru to the end
 confirm and exit MCOL.
..
 get a CCA Request running to the claimant for the cap 1 debt

get a CPR running  to their 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]

 

...............

 

you might find it worthy to read this thread.

https://www.consumeractiongroup.co.uk/topic/417916-lowells-claim-form-old-talk-talk-debt-and-an-eon-debt-claim-discontinued/page/4/?tab=comments#comment-5054568

 

[Ralphington]

thank you so much I have done the defend all and will get the letter in the post tomorrow and will send recorded delivery. 
now when you say I must file a defence regardless what do I do about that? How do I do it? I’m sorry I have no clue!

 

Also please could you explain the CCA and CPR not quite sure who I need to send them to? Sorry I’m a newbie here 

[dx100uk]

go back and read my last post carefully

all of your q's are already answered above.

 

 

 

[Ralphington]

Hiya, Ive just received this in the post this morning from Lowell’s. 

 

please could you tell me if I need to do anything? Or what this letter means??

 

thank you 

4A6A4264-2356-41CA-BF52-AC67135C076A.pdf

Edited October 2, 2020 by Ralphington

[dx100uk]

you did send a CCA request to the claimant for the cap1 debt didn't you?

 

your defence is due friday week by 4pm

you do not miss that deadline no matter what...

 

have you been reading up on like claims here ?

the letter is std rubbish.

[Ralphington]

Hi dx

Yes sent CCA to Lowell 

yes I need help with the defence please

On the letter they sent is says that EDF is a service agreement therefore they cannot provide the agreement ... how do I move forward with this one if they cannot provide it?

 

thank you. 

[dx100uk]

not your problem 

that's theirs

 

if they cant provide the docs...how can they even prove anything?

have you been reading up on like claimform threads here using self help?

 

https://www.consumeractiongroup.co.uk/forum/129-legal-successes/

 

[Ralphington]

Okay thank you for your reply. 
PLEASE help me with the defence! For days I’ve been searching but I just don’t know what to write and I’m running out of time  

[Ralphington]

1,  The claimants  are claiming two different accounts with two 
different companies,.
 
2.  Repeated requests to the claimants for information regarding 
these accounts have been ignored.

3.By putting two unrelated debts together the claimants have 
provided the courts with misleading information and therefore the 
claim should be  struck out.
  
4. The defendant has no legal training and can not afford legal 
fees, therefore the claimants claim for costs and interest should 
be denied.
 
This is all I have so far??? Is that enough??

[AndyOrch]

No.....and its not really suitable or compliant....you have until 4.00pm Friday to submit your defence.

 

Ill take a look tomorrow.

 

Andy

[Ralphington]

Thank you Andy! 
im really struggling

[AndyOrch]

Can you provide a little history as to how this debt with EDF came about ? and when did it accrue ? 

[Ralphington]

Yes sure.

 

its from a previous address around 5 years ago, i was there around 6 months and then left again. I had heard nothing until I received letters from Lowell recently. 

 

I have asked Lowell to provide me with the agreement and dates this debt is from but replied saying they can’t because it’s a service agreement?

 

[Ralphington]

Brilliant thank you!!

[AndyOrch]

One defence...please check and amend if necessary.

 

Defence Cap 1 EDF.pdf

 

Regards

 

Andy

[Ralphington]

Great Andy, thank you so much for your help! 
your a lifesaver ️

[Ralphington]

Good morning! 
 

ive just received this in the post ... can you please explain what it is and what I need to do? I don’t understand what it is or who it’s from. 
 

thank you guys!

Notice of proposed Allocation court to claimant following defence filing.pdf

[AndyOrch]

Its from the court as it states on the letter......you now have to submit a Directions questionnaire which allocates and moves the claim to your local county court.Complete and submit it by the date advise.

 

You can use the link below to complete it on your PC

 

 

 

 

 

[Ralphington]

Hi Andy, 

 

Thank you for your reply. 
So what does this mean going forward? 
is this a reply to my defence? My defence didn’t get anywhere??

 

[AndyOrch]

Its the next stage in the process....the claimant wishes to proceed with the claim...you really should read some other threads then you are familiar with the process.

 

1. claim submitted

2. defence submitted

3. claim allocated and moved to local county court (N180)

4. Court directions given for next stage (N157 Notice of Allocation)

5. hearing date and case heard.