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Lowells Court Claim - 3 debts, Loan, Card & Mobile Bill


sailingman1234
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Thank you in advance for any help.

 

Name of the Claimant ? LOWELL PORTFOLIO ltd

OVERDALES SOLICITORS

 

Date of issue – . 05 Oct 2021

 

23rd October  to acknowledge by.

defence date 5th November 

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim? 

 

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

 

a. <mobile phone company> with reference ########## and current balance of £####.##

b. <credit card company> with reference ############ and current balance of £###.##

😄 a <high interest personal loan company> with reference ###### and current balance of £####.##

 

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

and the claimant claims:

a) The total of the said sums being £4###.##

b) Interest persuant to s69 County Courts 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 £###.##

c) costs

 

Amount claimed £####.##

Court fee £205.00

Legal Representatives costs £80

Total amount £47##

 

 

What is the total value of the claim? £47##
 

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? Yes
 

Did you inform the claimant of your change of address? Through a Debt management company (I stopped paying this due personal reasons)

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Mobile phone, Personal Loan, Credit Card
 

When did you enter into the original agreement before or after April 2007 ? I think they were all after this
 

Do you recall how you entered into the agreement...On line /In branch/By post ? I think the mobile phone was in a mobile supermarket type shop and the others were probably online / over the phone but I cannot honestly remember
 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Not sure - I will check and update later if needed
 

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 purchased
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure
 

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
 

Why did you cease payments? Struggled to afford them
 

What was the date of your last payment? Not sure this was through a debt management plan that I stopped I think
 

Was there a dispute with the original creditor that remains unresolved? No I don't think so
 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? I was in a debt management plan but stopped paying as I could not afford it at the time due to losing my job.

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please note your corrected defence filing date

have you paid these within the last 6yrs?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thankyou. I will need to check tonight on my bank statements. I need to see if I can get the details of who  I paid on debt management also whi I paid up until 2 years ago this month. We stopped paying this then as I left my job and we were short for a few months then we never got back onto it.

Edited by sailingman1234
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so not statute barred

 

pop up on the MCOL website detailed on the claimform.
[if mcol is not working return after the w/end or the next day if week time]
.
 register as an individual on the Gov't Gateway Site
Go to HMRC's login page.
Click the GREEN sign in button.
Click “Create sign in details”
Enter your email address where asked.
You will now be emailed a confirmation code. ...
You will now be issued with a User ID for your government gateway account.
 note down your details inc the long gateway number given, you might need it later.
 then log in to the MCOL Website
.
 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
[BUT 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 card and the load  (2 of them )

https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/

..

Leave the £1 PO unsigned and uncrossed

.

get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant]
...
.[use our other CPR letter if the claim is for an OD or Telecom Debt]
.

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

.

on BOTH type your name ONLY
Do Not sign anything
.
you DO NOT await the return of ANY paperwork 
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

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


 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • dx100uk changed the title to Lowells Court Claim - 3 debts, Loan, Card & Mobile Bill

send one for all three

 

they wont get very far litigating on all three together..

might help to read.

 

dx

 

migh

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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no!! you must not miss your defence filing no matter what

 

get reading up here

lowell claimform

 

use our enhanced google search box

and the thread i pointed you too.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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