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pizzadeal

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  1. I have started a claim against a private individual and they have submitted an acknowledgement of service and intend to defend the claim. They however left off their DOB on the form and the court still processed it. However, isn't it a legal requirement to provide this under PD16 paragraph 10.7? It's on my understanding that the court shouldn't have accepted the acknowledgement without the defendants DOB? Would this then make the acknowledgement invalid and what will my next steps be to make the court aware of this via MCOL?
  2. So I didn't file a defence but did acknowledge the claim saying I will be defending, I have left the claim and I presume its just sitting there, no CCJ or anything as have checked. Is there a time when it expires? However, before the date that was required to file a defence, I sent an email to Lowell and this was there reply: My email.... Any ideas on what to do now?
  3. They didn't respond to CPR letter so whats my next step? I have to end of play today to submit a defence.
  4. Update... I received a letter today after acknowledging the claim and it says: Notice of Claim Issue We have now issued Legal Proceedings in the form of a County Court Claim which you should have received already directly from the Northampton County Court. (breakdown of debt) Call our team today to discuss paying the outstanding balance. If you are unable to make this payment in full we can discuss options for a repayment plan for you. ............If I go for this and call them can they cancel the county court claim?
  5. Is it too late to go to Lowell with a payment arrangement to avoid a CCJ?
  6. No I don't agree but there is not much that can be done now its got to this stage. The original amount was much more lower than that IIRC. However, I don't have or retained any documents from Vodafone or other DCA so I will have to rely on what they provide. Maybe I could of got some information from Lee on this forum but it doesn't look likes he has been on for a while?
  7. OK. Claim has been acknowledged and defended in full, I left jurisdiction unticked. Just sent a CPR 31:14 to the solicitor via recorded delivery, they should pick it up on Monday (hopefully). Anything else I need to do or just wait to hear back from them? I probably will end up just paying this in full, right?
  8. Just looking through the processes now, I read somewhere that a county court claim can't be issued for mobile contracts? Doubt that is true though. If only I could revert to the beginning and continue making monthly payments to Vodafone or setup an agreement with Lowell but past that stage now. Not sure what to do. I haven't yet acknowledged the claim as not sure what to put. Last thing I need is a CCJ as I am gradually paying off debts now.
  9. Name of the Claimant ? LOWELL PORTFOLIO LTD Date of issue – . 01 APR 2016 Date to submit defence = by 4pm 3rd may - edit by DX] What is the claim for – 1) The defendant entered into an agreement with Vodafone under account reference XXXX ('the Agreement') 2) The defendant failed to maintain the required payments and a default notice was served and not complied with 3) The agreement was later assigned to the Claimant on 30/06/2015 and notice given to the Defendant 4) Despite repeated requests for payment, the sum of £1,348.02 remains due and outstanding And the claimant claims a) The said sum of £1,348.02 b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.295, but limited to one year, being £81.25 c) costs What is the value of the claim? 1579.27 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Mobile phone account When did you enter into the original agreement before or after 2007? After 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. Lowell 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? Yes about a year ago or more Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? I was very young and stupid, occurred debt and burred my head in the ground. What was the date of your last payment? I am finding this out 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 managementicon plan? Yes I entered into a DMP and started making payments but fell off of that and then started making individual payments to creditors but not to Vodafone after the DMP was cancelled.
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