Bryan Bloody Carter/ Lowells

[lukeauton]

Hi all,

 

Just received some county court papers from Northampton CC filed by Bryan Carter about a debt Lowells bought from a 3 year old HBOS credit card.

 

I used the cag forums a few years ago to get a claim from BC thrown out of court due to lack of proof of the debt but my memory isn't as good as it used to be and I wanted to double check to see what i should be doing.

 

First thing I plan on doing is sending a CPR 31 request to Brian and secondly acknowledging through MCOL whilst I work on a defence.

 

Is there another letter I should be sending out to either BC or Lol's in the meantime?

 

Kind Regards

[ims21]

I have moved your thread to the Legal forum in view of the issue of court papers.

 

Please have a read here and give the answers to the questions posed here on your thread.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**(1-Viewing)-nbsp

 

Also get a CCA request off to Lowell.

[lukeauton]

Name of the Claimant - Lowell Portflio Ltd

 

Date of issue – 29th May 2014

 

Particulars: The claim is for the amount due under an agreement between the original creditor and the defendant to provide finance and or services and or goods

 

This debt was assigned to/ purchased by Lowells on 03.07.2013 and notice served pursuant to the law of property act 1925

 

What is the value of the claim? £522

 

Has the claimant included section 69 interesticon (8%)within the total claim or is it shown separate within the Particulars but not added to the debt? - Shown separately (£37)

 

Is the claim for a current or credit/loan account or mobile phone account? No

 

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. Purchaser (Lowells)

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Not that I remember and nothing in my records

 

Did you receive a Default Notice from the original creditor? Probably, cannot locate it

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

 

Why did you cease payments:- Redundancy

 

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? No

[lukeauton]

Thanks ims21