Lowell/Cohen claimforn - old CAT 'debt'

[confused2016]

Hi all

 

Ive had an issue going on with Lowell/Cohen regarding what they say is a catalouge debt.

 

I asked them to prove the debt as it is not one I recall (other debts are cleared) as they threatened court action, and thats what they have done.

 

I received very vauge information from them

,but they sent what they claim is a credit agreement which is missing my signature (it was apparently an online from, where my signature is missing,there is a tick box instead).

 

Today I received a form from Northampton, the particulars of the claim state -

 

" The claim is for the sum of £xxx..due by the defendant under a non-regulated shop direct account with the account reference of xxxx...

The defendant failed to maintain contractual payments required under the terms of the account agreement. The debt was legally assigned to the claimant on xxx,notice of which has been given to the defendant. 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 proceddings in the sum of £xx. The claimant claims the sum of £xx"

 

 

Two things also concern me regarding these forms -

It seems to be missing a court stamp - there is just a printed circle of 'the county court' on it

 

Return address for sending payment and documents is cohen cramers

 

The papers were received today.

 

Many thanks in advance

[dx100uk]

Could you fill this out please

 

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

[confused2016]

Name of claimant - Lowell Portfolio I Ltd

 

Date of issue - 13 Sept 2016 (33 days being 18/10/16)

 

What is the claim for -

1. The claim is for the sum of £xxx..due by the defendant under a non-regulated shop direct account with the account reference of xxxx...

 

2.The defendant failed to maintain contractual payments required under the terms of the account agreement.

The debt was legally assigned to the claimant on xxx,notice of which has been given to the defendant.

 

3.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 £xx. The claimant claims the sum of £x

 

What is the value of the claim - Amount claimed 493.43

Court fee - 35.00

Legal fees - 50.00

total amount - 578.43

 

Is the claim for a current account/overdraft,or for credit/loan account or mobile phone account - Shop direct/Littlewoods catalouge

When did you enter into the original agreement - apparently 11th April 2011

 

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 - Debt purchaser - Lowell

 

Were you aware the account had been assigned - did you receive a notice of assignment - no and no

 

Did you receive a default notice from the original creditor - no

 

Have you been receiving statutory notices headed 'notice of default sums' at least once a year? No, I received a account statement a few weeks ago

 

Why did you cease payments? - Unknown debt - other debts I had were store cards and credit cards,not catalouges

what was the date of the last payment - none made, unknown debt

 

I hope this helps to clarify things regarding these court forms

[dx100uk]

Go ACK (AOS) the claim on the mcol website

Defend all

Leave jurisdiction unticked

 

When did you get/send that agreement copy?

 

Get a CPR 31:14 to Cohen's

 

Dx

[confused2016]

I sent a prove it letter back in early June and received it about a week ago via normal post,

 

 

it stated I had to pay within 14 days or a CCJ would be issued

(I was constructing a reply to the letter as they wanted me to pay over £2000 directly to cohens,

but with the CCJ, they are just claiming the 'original' amount, plus interest, plus fees).

 

 

The agreement copy they issued was just a computer print out and I was going to dispute it as it looked like anyone could have made it up.

[dx100uk]

from what yo say the agreement sounds correct

as it will be a tick box for an online sign up

 

 

can you scan it up?

to ONE pdf [click>>upload]

 

 

dx