Carter/Lowells Claimform - Old Cat Debt

[GetOffMyCase]

I have a debt on my credit file that is default, and due to come off credit file in december this year, for a catalogue company.

 

The default is instructed and lowell.

 

Today, i have received the court paper work for a CCJ for this debt, from Bryan Carter Solicitors, can they do this??

 

What can i do with it??

 

Have load of defaults coming off this year, and have 2 more defaults from lowell, are they all just going to evolve into CCJ's? when i thought i was getting somewhere?

[fkofilee]

Yes they can. Please fill out the following...

 

Post 1

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

[GetOffMyCase]

Name of the Claimant ? lowell portfolio LTD

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. - 11th Feb 2015.

 

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) - 16th March 15th March...date of summons is day 1.

 

^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE OF THE CLAIM IS DAY 1 [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total

 

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down.

This claim is for 232.06 the amount due under an agreement between the original creditor and the defendant to provide finance and / or goods. The Debt was assigned to. purchased bt lowell portfolio ltd on 29/12/2009 and notice served to pursuant to the law of property act 1925. particulars re - shop direct.

 

What is the value of the claim? 232.06 was amount owed but the amount the are claiming is 250.64 plus costs.

 

Is the claim for a current account (overdrafticon) or credit/loan account or mobile phone account? no - catalogue

 

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. - its been issued by a solicitors , Bryan Carter. but the claimant is lowell.

Were you aware the account had been assigned – did you receive a Notice of Assignment? I have had many many letters from lowell over the years, and bryan carters is a new one on me, I think I had one in january this year. But for a debt that had dropped off my file as a default at the end of Jan.

 

Did you receive a Default Notice from the original creditor? - I dont think so, i cannot find anything on my credit file.

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not sure.

 

Why did you cease payments? i lost my job at the time, and I remember I was trying to pay it off online for quite some time with what I could send over and then they stopped me doing that online.

 

What was the date of your last payment? april 2009 - i have an email receipt

 

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? I most likely have an email from the time with the creditor regarding it will have to do some searching, no debt management plan.

Edited February 13, 2015 by Andyorch
Defence date altered.

[fkofilee]

Typical Lowell to go 2 months before it becoming Statute Barred..

 

Site team will be along shortly. I would send a CCA request to mr Carter and Lowell...

[havinastella]

Is this the full amount owed or just for part of the claim?

 

Get the CCA sent off as advised by flofilee.

 

You may also want to send the CPR31.14 in the library.

[havinastella]

Are you in Scotland?

[dx100uk]

send both the CCa and CPR to LOWELLS

forget CARTER.

 

 

dx

[i hate bailiffs]

CPR request

I would bet they will not be able to supply bthe info and withdraw the claim

 

Stick to court paperwork time line