Carter/lowells - Claimform Very old Cat 'debt'

[rustyrussell82]

Hi

my wife has today received a claim form from the courts in respect to a shop direct account

which was passed to Lowell portfolio 05/04/10

 

 

the account was made 2004 and she never signed any credit agreement.

 

 

what do I need to do now as I really want to get this sorted quickly as my wife suffers from mental illness,anxiety and severe depression

 

 

I look forward to hearing from you all and thanks in advance

[AndyOrch]

Hi rusty and welcome to CAG

 

If you could read and complete the following...posting your responses here to enable the correct advise.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**(2-Viewing)-nbsp

 

Regards

 

Andy

[rustyrussell82]

Lowell portfolio ltd is the claimant the issue date is 29th august 2014

 

 

the claim is for

1,210.00 the amount due under an agreement between the original creditor and the defendant to provide finance and/orservices and/or goods

the debt was assigned to/purchased by Lowell portfolio Ltd on 05/04/2010 and noticed served pursuant to the law of property act 1925

 

 

Particulars

RE Shop direct

 

 

The claim includes statutory interest pursuant to s.69 of the county act 1984 at a rate of8% per annum

from the date of assignment of the agreement to date but limited to a maximum of one year amounting to 96.80

 

 

this is for a littlewoods catalogue that she started before we got together and that was in 2004

 

 

i knew it had been assigned to Lowell and have had default notices from Lowell and not sure if she ever had default notices from littlewoods the original creditor.

 

 

she used a debt management program back in 2007/2008 but as it was only me working i couldn't continue to keep paying for her.

 

 

i hope this is enough info for you to direct me

[Ell-enn]

When did she last make a payment to the account ?

[AndyOrch]

Excellent...so as per the link above you will need to request information by way of CPR and a section 78 request(CCA) both templates can be found in the Legal Library...please complete them as per the instructions contained within the above link.

 

Also you have a time line now to adhere to (19 days from the date of the claim 29th August but do this ASAP) which can be done on line once registered to use the MCOL service.You then have a further 14 days to submit a defence if its your intention to defend the whole claim) so 33 days in total from and including the 29/08.

 

Regards

 

Andy

[rustyrussell82]

i intend to defend the claim and ell-enn she last made a payment back in 2008 sometime but

 

 

i can't pinpoint a date

BUT i did come home one day about 2 years ago

when a door stop collection bloke for Lowell was inside my home

 

 

so i quickly turfed him out and

 

 

she said she paid him £5 but never signed anything and

 

 

i then rang him later on telling him to never come back as my wife is very vulnerable because of her illness

and said i would have no problem paying her debt if he could come up with the credit agreement that has her signature on it and

 

 

after that i never heard from him again

[rustyrussell82]

Hi sorry to be a pain but what do i use for my case number for my cpr form?

[rustyrussell82]

Right i have now sorted both CPR and CCA request forms and will print them off very soon and send the CCA to Lowell? and the CPR to BC? Do i only need to send postal order with the CCA?

[Ell-enn]

Can I suggest that if you are sending a postal order you write on the back of it "fee for CCA request only - not to be used as payment" then take a photocopy of the front and back of the postal order and keep safe with your copy of the letter. Send by recorded delivery and keep the RD receipt safe so you can check on the royalmail website a few days after posting to print off the signature receipt - pin that to the copy letter and copy PO in case you need to prove it later.

[rustyrussell82]

ok i will do thanks for that suggestion

[rustyrussell82]

All done copied and sent! If i don't receive the credit agreement with my wifes signature do i use that in my defence statement as i don't have a clue about how to state my defence and do i type that in online on the MCOL service site?

[AndyOrch]

All done copied and sent! If i don't receive the credit agreement with my wifes signature do i use that in my defence statement as i don't have a clue about how to state my defence and do i type that in online on the MCOL service site?

 

No you look at other threads and see how defences are drafted and try editing one to suit your particulars...post here before you submit anything through MCOL.

 

Andy

[rustyrussell82]

Hi i received a letter back from BC today, I will have to type it out as my scanner has decided to be a pain today

 

 

We write to your letter of 2nd Sept 2014 requesting disclosure under part 31 of the civil procedures rules.

 

 

We confirm the claim form was issued by the county court business centre and that the court's protocol was followed when issuing the claimant's particulars of claim. Practice Direction 7C point 1.4 (3A) eliminates the requirement to attach the documents to the particulars of claim when they are issued by this court

 

 

We confirm this matter will most properly be allocated to the small claims track as this is is a simple contractual matter and part 31 of the civil procedure rules will therefore not apply. In any event the Notices of Default and Assignment left the control of the claimant when they were dispatched to you.

 

 

It is the original creditor's policy to issue agreements at the start of the contract and statements throughout the duration of the agreement and, in this regard, we ask you to refer to your own records.

 

 

We confirm out client is not agreeable to an extension for filing your defence.

 

 

As you will be aware a claim was issued in this matter on 28th August 2014 and we are not in receipt of your acknowledgement of service. Please respond to the claim etc etc etc

[Old Cogger]

have you acknowledged claim on MCOL? if so send the idiots a copy = they are crying!

[AndyOrch]

Standard response as per every other Carter thread here Rusty

[rustyrussell82]

Yep i responded to the claim on MCOL the same day as i received it which was the 2nd, surely its down to them to produce the documents to prove the agreement and not for me to look in my records, I didn't send BC a copy of the CCA request i sent to Lowell so should i let BC know i have requested it from Lowell?

[AndyOrch]

Yep i responded to the claim on MCOL the same day as i received it which was the 2nd, surely its down to them to produce the documents to prove the agreement and not for me to look in my records, I didn't send BC a copy of the CCA request i sent to Lowell so should i let BC know i have requested it from Lowell?

 

Mmmmm no..the above is in response to your CPR 31.14 request not the section 78

[Old Cogger]

yes their usual bog standard reply, they should know, maybe trying to get you to ring with the query,

 

so they have not (Lowell) responded to your CCA1974 request yet!

[rustyrussell82]

Not heard from Lowell yet regarding the CCA request they received it on 3rd September as i have checked on royalmail, i doubt i will hear from Lowell regarding it as i know 100% they don't have a true signed credit agreement

[rustyrussell82]

I should send a letter to BC saying i've sent a CCA request to Lowell really just so they know i'm not going to back down and let them walk all over me and also telling them i have responded to the claim and am fully defending it

[AndyOrch]

I should send a letter to BC saying i've sent a CCA request to Lowell really just so they know i'm not going to back down and let them walk all over me and also telling them i have responded to the claim and am fully defending it

 

Mmmm no as per my last post

[rustyrussell82]

Will Lowell let BC know that they don't have it then? Also if it does go all the way to court do i have to attend Northampton Court or will it my local court?

[AndyOrch]

Will Lowell let BC know that they don't have it then? Who knows makes no odds anyway Also if it does go all the way to court do i have to attend Northampton Court or will it my local court?

Your Local Court

[rustyrussell82]

ok sorry for so many questions, thanks for the replies, do I leave it as close to the deadline as possible to send in my defence or shall I do it soon as the 14 days have passed from sending my CCA request if I don't hear from Lowell

[AndyOrch]

Submit defence a few days before the stated date