Lowell/Overdales - Halifax One Credit Card Debt Claim Form Received

[Unique]

I had a letter of claim and submitted a CCA request. Those are the documents they sent. 

[dx100uk]

yours is not the next move

 

dx

 

[Unique]

Gotcha! 

[dx100uk]

open

[Unique]

Back again.

Recently received Claim Form for debt.

seeking advice on how to respond.

Submitted CCA requests previously which were incomplete.

They raised a request for the default notice from original creditor and said no further action would be taken until a response is sent which it hasn't.

Now this. 

[AndyOrch]

Topic moved to the Financial Legal Issues in view of the claim form.

Please read the following and copy and paste your responses back here for further advice.

.

[Unique]

Which Court have you received the claim from? CIVIL NATIONAL BUSINESS CENTRE, NORTHAMPTON

Name of the Claimant? LOWELL PORTFOLIO LTD

How many defendant's joint or self? SELF

Date of issue – 03 MAY 2024

Particulars of Claim

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

1.THE CLAIM IS FOR THE SUM OF £6000 DUE TO THE DEFENDANT UNDER AN AGREEMENT REGULATED BY THE CONSUMER ACT 1974 FOR A LLOYDS BANKING GROUP PLC ACCOUNT WITH AN ACCOUNT REFERENCE OF (ACCOUNT NO. 16 DIGITS LONG).

2.THE DEFENDANT FAILED TO MAINTAIN CONTRACTUAL PAYMENTS REQUIRED BY THE AGREEMENT AND A DEFAULT NOTICE WAS SERVED UNDER S.87(1) OF THE CONSUMER ACT 1974 WHICH HAS NOT BEEN COMPLIED WITH.

3.THE DEBT WAS LEGALLY ASSIGNED TO THE CLAIMANT ON (DATE) NOVEEMBER 2016 NOTICE OF WHICH HAS BEEN GIVEN TO THE DEFENDANT.

4. THE CLAIM INCLUDES STATUORY INTEREST UNDER S.69 OF THE COUNTY COURTS ACT 1984 AT A RATE OF 8% PER ANNUM FOR THE DATE PF ASSIGNMENT TO THE DATE OF ISSUE OF THESE PROCEEDINGS IN THE SUM BE OF £0.00. THE CLAIMANT CLAIMS THE SUM OF £6000.

What is the total value of the claim? £6500

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? YES, NOTICES OF CLAIM. 

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

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? I DONT RECALL

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. DEBT PURCHASER. 

Were you aware the account had been assigned – did you receive a Notice of Assignment? THE FIRST I RECALL WAS A LETTER FROM LOWELL SAYING THEY NOW OWNED THE DEBT. 

Did you receive a Default Notice from the original creditor? NOT THAT I RECALL OR BEEN PROVIDED WITH THROUGH CCA REQUESTS.AT LAST REQUEST THEY SAID THEY WERE AWAITING THE DEFAULT NOTICE AND NO ACTION WOULD BE TAKEN UNTIL RESPONDED WHICH TO DATE I'VE NOT HAD OR SEEN. 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?  NO, I RECEIEVED LETTERS OF CLAIMS
 

Why did you cease payments? 

i was under medical care which caused me not to work.

around that time lowell had wanted me to increase my payments as it would take too long to clear the debt

. i had been paying them what i was paying the bank.

i explained my then health & financial position and that i was unable to do so. they put a hold on my account for a few months so i cancelled my direct debit.

i made a full and final offer which was rejected.

when they wanted payments to resume i explained i was in a worse financial position, still undertaking treatment and now unemployed so could not start payments as they wanted.

after sending my financial spreadsheet they kept sending letters asking what i was going to do.

i couldn’t see a way forward i felt stressed and under pressure so wrote that i would not be corresponding with them anymore.

What was the date of your last payment? NOVEMBER / DECEMBER 2018
 

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? I COMMUNICATED MY FINANCIAL PROBLEMS WITH THE CREDIT CARD COMPANY, WE MADE A MONTHLY PAYMENT AGREEMENT WHICH WAS KEPT FOR SEVERAL YEARS UNTIL DEBT WAS SOLD.
 

[dx100uk]

pop up on the bulk court website detailed on the claimform.
[if it is not working return after the w/end or the next day if week time]
.
When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word.

You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.

 then log in to the bulk court 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 the website
..
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 £1 PO unsigned and uncrossed
.
get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant]
...
https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/

.
.use our other CPR letter if the claim is for an OD or Telecom Debt or Util 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
.do not ever use or give an email
.
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]

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

 

[Unique]

Thank you for the advice.

I submitted a CCA request late last year which was returned in part. Am I correct that I won’t need to send another just the CPR 31.14 requesting the Notice of Assignment & Default Notices that wasn't provided yet mentioned in the claim?

Edited May 10 by Unique
capitals

[dx100uk]

you send both as advised.

dx

[Unique]

UPDATE: 

Acknowledgement of service has been done.

CPR & CCA requests have been sent by recorded delivery.

From my calculations my defence is to be submitted by early June though I plan to send a few days beforehand. 

Reading what I can find of others experiences and what may come next.   

[AndyOrch]

Tues 4th June by 16.00 defence.