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

[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. 

[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 

[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

[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. 

[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??

[Ralphington]

Thank you Andy! 
im really struggling

[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!!

[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

[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??