Thank you very much! I shall let you know how I get on. Goodnight

Yes that's correct.

How can I prove this in the claim? How do I respond since they have ignored my statute barred letter?

Yes, I already wrote to them after that date issuing a statute barred letter as you advised above. They responded with this CCJ claim.

I applied for 14 extra days on top of the 14 days allowed to respond. I signed in online and filled the appropriate sections to be allowed more time to respond.

Hi there! Due to looking after young babies I applied for extra time. Thank you for your help so far! Here are the answers: Which Court have you received the claim from ? MCOL Northampton N1 Name of the Claimant ? Lowell Portfolio I LTD Date of issue – 24 Feb 2022 ( I have applied for 14 days extra time) So I have until Tuesday 28 March. Particulars of Claim What is the claim for – 1. The claim is for the sum £439 due by the defendant under a xxx account with account reference of xxx. 2.The defendant failed to maintain contractual payments required under the terms of the account agreement. 3.The debt was legally assigned to the claimant on 30-12-16, notice of which has been given to the defendant. 4.The claim includes statutory interest under S.69 of the county courts act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £50. 5.The claimant claims the sum of £439. What is the total value of the claim? £574 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? NO, just another reminder to pay Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? YES (But I had my mail forwarded so I know there was no previous contact) 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? , mobile phone 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 or phone Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? The original mobile provider debt does not. The Lowell debt does show on equifax. 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 to Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? No Did you receive a Default Notice from the original creditor? No Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? No Why did you cease payments? I had no idea I owed anything. What was the date of your last payment? My bank account says 1st Feb 2016 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 again, I have just received a CCJ claim form from Overdales Solicitors acting for the client Lowell. I guess I should now complete the form saying I dispute the claim. Any advice on how to word my defence or any evidence to use? It says "the debt was legally assigned to the claimant on xxxxxx date." But My last contact/payment as checked thoroughly with my bank shows its definitely been over 6 years! The date of 'assignment' surely is not valid in a statute barred case. Please can you help?

Oh, ok! Thank you!

Hi, I have a reply. Overdales solicitors say they have a date of the last payment being received on 31 July 2016. I have checked my bank account (AGAIN) and have no payments to Vodafone AT ALL in that month or Jun/May/Apr/Mar (or after) 2016. It is my only bank account. They have said the account defaulted in Sept 2016, yet it is impossible for there to be a payment from me in 6 six years. I have checked! If it is statute barred from last payment and communication, then it is DEFINITELY 6 years if this debt truly exists. They have quoted Section 5 of the Limitation Act 1980. They have put the account on hold. What should I do now?

Great advice, thank you!

Ah-ha! Thank you so much for your help. x I will update. Wish me luck!

Hi Andy, Is the letter literally those few paragraphs, so more like a statement? I did follow the link too. It seems brief. Do I send it to Overdales or Lowells or both?

Hi Andy, Yes, I did receive a letter with that information and threatening court action in 30 days.

Happy new year all! Hi, I received a letter of claim for Overdales Solicitors acting on behalf of Lowells. I phoned (without admitting anything, only giving name, address, DOB) and discovered the debt is for Vodafone from 21st April 2015. That makes it 6 years and nearly 9 months old. This is the first I am hearing of it and have never been contacted before about it. Should I proceed with a CCA request or a Statute Barred letter? And which company/address should I send correspondence to? or both?

Thanks for replying, I can't let them get away with this. Also, their website is back up and running. www.urbanpushchairs.com

Hi Bankfodder, I will be issuing the claim today. My research tells me that the company will receive a CCJ which will be detrimental to their future dealings. The debt can also be enforced which is even worse for them. Royal mail can verify that the letter has been delivered safely to its final destination, whether or not they choose to collect the mail is their own problem. This process is worth it to know the company will be penalised in a bigger way than just paying me what they owe. I have seen evidence that the company likes to google themselves and make false positive comments, so when you read this Urban Pushchair/Bebylux/Ainea International Ltd, this is what happens when you have appalling customer service and sell faulty products.

Good afternoon Bankfodder, I had sent the letter of claim by recorded post, and it appears to have been redirected (for redelivery) to their local post office ready to be collected. I have had no reply as yet however, I am unsure as to whether I will be notified when it is collected (because it may already have been), or if the fact that it has reached its final postal destination counts as it being 'delivered'. Not sure as to what I should do next. I cannot make a person open their mail but I do know it arrived safely and a 'something for you' card would have been left.

Ah, thank you! So I will print out and sign the letter of claim for special delivery. It will arrive on 24th October so I think that is the date I am issuing the claim? Since that's the day it will arrive at the address. (Unless I'm supposed to just put today's date.) Next break I get I will work on a super brief particular of claims letter. Thanks Bankfodder! x

Hi there, Firstly, I have read your post on going to small claims court. Thank you! I've been working hard and have finished the letter of claim. Is it too detailed? (see below). I believe this is what will be posted by special delivery tomorrow to arrive on Friday 24th. So I put on MoneyClaim 'date of issuing claim' 24/10/2020? Or is this the info that I put for 'Particulars of claim' on Moneyclaim, or is it both? Or should the Moneyclaim particulars be much more brief? I paid £50 for the wheel on 20th March. For Moneyclaim is this 'the date money became owed' to me? Please check claim amount. Wheel£50/petrol£50/postage£6.70 = £106.70 Interest from (day money left my account) 20/03/2020 - 24/10/2020 (day letter will arrive) = £5.12 Court fee £25, total £131.70 LETTER OF CLAIM Ainea International Ltd. trading as Urban Pushchairs Ainea International Ltd. 1 Northfield Road Harpenden AL5 5JA Dear Sir/Madam, On 24th October 2019 you sold me pushchair model Urban P1/3:1 Travel System, order number #WB1104UP for £649.95. As you know, a rear wheel broke off on 16th March 2020 and although I informed you of this, you told me that it was “not a warranty claim” and rushed me into purchasing a new wheel from you for £50. Because I was a new mother with a newborn baby, I really had no choice so I paid the money. On 10th June 2020 I received a “product update” where you admitted receiving complaints from customers regarding the rear wheels being “noisy”, wobbling “on rotation” and customers having “broken wheels.” Knowing the design fault meant the wheels of the pushchair were likely to break and causing possible injury, you advised me to “please refrain from using” the pushchair until “free replacement wheels” were delivered with “free delivery included”. I eventually received the replacement wheels and as you know I then approached you for a refund for the wheel which had originally broken and in respect of which you said that I was to blame. Clearly I was not to blame and this was a design fault. After several explanatory emails on my part, you have refused to refund me the money which I paid to replace the original broken wheel, even though it is clear that this was a design defect. You are in breach of contract by selling me an item which was not satisfactory quality and not fit for purpose. I should inform you that during the eight week period during which I was unable to use the pushchair because of the manufacturers advice, I incurred costs having to use vehicular transport in order to move my baby around. I am proposing to sue you in the Small Claims Court for the refund of the money which I paid you for the broken wheel plus the cost of petrol which I would not otherwise have had to use, unless I receive payment of the sums in full within 14 days. Defective wheel replacement £50, Petrol costs £50, Letter postage £6.70. Total payment due within 14 days - £106.70

Good morning, Ok so, I have emails from the pushchair company that refer to themselves as 'URBAN by BEBYLUX pushchairs'. So they confirm that Urban is a (sub)brand under Bebylux and I have an invoice from them clearly showing 'Bebylux (+ website), Ainea International Ltd.(+ address). Its like Dairy Milk being a brand under Cadbury's. They have put this in writing to me themselves. I will actually ask for the postage costs along with the £50 wheel cost since its further money I was forced to spend because of them. If it goes further is that where I would add £50 petrol costs plus 8% interest? (please help calculate). As evidence I have emails and invoices I can print out plus photos for the new and broken wheels. 'Ainea' have an address and I found another address for Yusuf Skoien from where he registered the URBAN trademark, but I guess one is a personal address and one is business?

Hi Bankfodder, thank you. OK so I need to write that I'm claiming against 'Ainea International Ltd. trading as Urban Pushchairs'? So that covers all titles. Someone mentioned earlier a link to a template letter, this would be very helpful. The invoice they provided me states Ainea (full address), has the Bebylux logo and website, and then the item for purchase states 'Urban' replacement wheels. Have they not tied their companies together through the invoice they sent? Further to that, on their Bebylux (car seat) website, there is a drop down box for pushchairs. Linkedin shows his (Yusuf Skoien) name as director of Bebylux. Their Urban pushchair brand. Also, all the deliveries have been sent by Ainea, as shown by the delivery notices. Also found this: https://www.trademarkia.com/uk/trademark-UK00003392053.htm He has registered a trademark for the Urban pushchair. there is also a second address...interesting. I have to talk to my partner when he gets home from work but maybe I'll add another £100 on? I'm really not sure. I don't want to be greedy but they have also caused me so much stress. If only they cared about their customers

Hi, again please excuse any delay. I will respond as soon as I get a chance. I have gone through the emails and my bank statements: The pushchair payment (online Visa debit) was made to: Urban Pushchairs on 24 October 2019 The wheel payment (bank transfer) was made to: Ainea International Ltd. 1 Northfield Road, Harpenden, AL5 5JA When the wheel broke we were without a pushchair from 16th - 24th March (8 days) I was advised to refrain from using the pushchair on: 10th June And the 2 replacement back wheels were delivered on: 3rd August (55 days later/8 weeks) The website the purchase was made from was: www.urbanpushchairs.com

Hi, thanks again for the responses. Please excuse any further delay as my baby is awake and I have to tend to her. Many years ago I sued a landlord for withholding my deposit. I won, hence the Moneyclaim account. I definitely need help in this scenario. The pushchair (travel system) cost £649.95 I'm not sure how much I'm out of pocket. £50? And yes £50 for the original wheel. Car would have been the only way to transport baby, and sorting a new schedule so my partner (also inconvenienced) could take the bus to work if I needed the car. I can only carry her so far; she is much heavier and also its difficult to carry a baby AND a full changing bag with all the baby bits inside. So either stay in or drive. I have been emailing info@urbanpushchairs.com Its never clear exactly who I'm conversing with as they sign off 'customer service team'.

Thank you for your responses so far. Urban Pushcahirs aka Bebylux aka Ainea International!!!!! I didn't want to sue a small business but I have tried so hard to explain why they should refund me several times. So I am fully ready to type this letter before claim today asap between my baby napping! I do have an account on Moneyclaim. I (we) fit the wheel myself, it clicks in and out quite simply. It wasn't safe to use the pushchair for 8 weeks under their advice, so few more car journeys and but also being stuck at home during the height of summer. Generally time consuming and energy sapping chasing them up and reading how little they care. Also embarrassing (informing and cancelling on socially distanced meet-ups) that it broke in the first place, as if it were cheap, old or second hand. Yes I just noticed they are revamping their website so its currently minimal. They are also on Instagram and post frequently. @urbanpushchairs

Yes of course, (typed this way so they cannot search themselves and find this post, unless I'm being paranoid) Ur. ban. Push.chairs .com They make baby carseats under Beby. lux (all one word) And are registered at Companies House under Ain. ea (all one word) International ltd. Yes I have a paper trail (photos, all emails, never any phone calls). I purchased directly from them online after viewing at The Baby Show. I paid via Visa debit card for the pushchair initially. I paid via bank transfer (as requested) for the replacement wheel. I should add that they stated the words "Out of goodwill I can arrange this (replacement wheel) for £50 inclusive of delivery."