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Lowell Claimform - 4 merged debts - 3 cat + Cap1 Card


Cait116
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Hi guys

 

4 old debts (catalogues) have been sold to Lowells, I requested copies of credit agreements and received them this week. 

 

I also received a notice of assignment from them for an old Vanquis account. 

 

I need to pay these debts off but don't want them touching my bank account so was thinking of setting up a standing order. 

I guess I will have to send them details of income and expenditure. 

 

My question is,

do I need to give my husband's details? 

 

We are not really getting on at the minute and this will be the last straw for him so I would rather just leave him out of this.  

 

Many thanks for reading x

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Hi guys

 

I received copies of my credit agreements from Lowells for old catalogue debts.  I have attached one of them; would someone be able to advise me whether this is the correct document they sent me before I go paying them?  The debt has been sold onto them.

 

Thanks so much x

credit agreement.pdf

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Hi Again Andy

 

Yes it is.  Thank you, I haven't acknowledged anything yet, I refuse to speak to them.  I have sent them CCA requests and they have sent me back some documents but I don't know if they are the correct ones.

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Thank you Andy

 

Original Creditors:

 

J D Williams Balance £375 - ? No date on Credit Agreement

Shop Direct Balance £1,128 - October 2013

Shop Direct Balance £1,490.55 - June 2013

Vanquis Balance £3,500 - will need to look when I get home this evening, sorry

Capital One £290 - Date taken out July 2010

Lowells are showing up on my credit file for 2 mail orders and cap 1 and i have received Notice of Assignment this week for Vanquis

Defaults also registered on my credit file

 

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No, not for that particular one.  There are 2 shop directs which they have put on their letter but I don't know which of the catalogues these refer to.  Also I notice on my credit file I have a default from Shop direct and a default from Lowells for a similar balance? I think they might be the same account

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No honestly I didn't send anything via Royal Mail!! 

I definitely did all this online and just ticked a box.

 

I notice they have "Further Terms and Conditions" on their document - is this what you meant?

 

The 2 shop directs were taken out in June and Oct 2013 and last payment made July 2018

 

What would you suggest I do? 

I don't want to go to Court (I have enough to deal with atm :-( ) . 

I tried paying the companies direct but they won't let me.

 

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Thanks so much guys, should I ignore them or wait until they decide to take me to Court?

 

Just out of curiosity what should a credit agreement look like/contain? xx

 

Just noticed something on their covering letter.  They have consolidated all the accounts.  Also the two shop direct balances are wrong.

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  • 1 month later...

Hi guys,

received Claim Form, response pack, Admission Form from Northampton for Lowlife re cap 1, shop direct & jd williams today.

Dated 19th nov and have 14 days to reply.  

 

I guess I complete the acknowledgement of service and the defence and counterclaim form only?

Is that right?

 

I’m going to check through previous posts and cases to help with filling out the defence part.

Wish me luck 😬 thx for your help xx

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Thanks dx, will do this tomorrow morning when I have access to a pc (find it easier and quicker than my mobile).

 

Just having a good old read through similar threads atm.

Wow some of this jargon is hard to take in 😳.  

Thank you for your support x

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  • dx100uk changed the title to Lowell Claimform - 4 merged debts - 3 cat + Cap1 Card

Name of the Claimant  - Lowell Portfolio Ltd

 

Date of issue –   19th November 2019

 

Date to submit defence  - 20th December 2019

 

Particulars of Claim

 

What is the claim for – 

 

Capital One (Europe) plc with reference xxxxxxxxxxxxxxxxxxxx and currant balance of £274

J D Williams & Co Ltd with reference xxxxxxxxxxxxxxxx and current balance of £375

Shop Direct Financial Services with reference xxxxxxxxxxxxxxx and current balance of £1129

Shop Direct Financial Services with reference xxxxxxxxxxxxxxx and current balance of £1490

 

The agreements were terminated as payments were not maintained and subsequently assigned to the Claimant

 

And the Claimant claims:

a) The total ot the said sums being £3268

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 but limited to one year being £256

c) Costs

 

What is the total value of the claim? £3,268

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) I don't think so, I received lots of threatening letters but not sure  

 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No

 

Did you inform the claimant of your change of address? N/A


Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit card and catalogues

 

When did you enter into the original agreement before or after April 2007 ? Not sure

 

Do you recall how you entered into the agreement...On line /In branch/By post ? Online

 

Is the debt showing on your credit reference files (Experian/ Equifax /Etc...)  yes - 3 defaults on credit file under Lowell's name

 

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. - assigned to Lowells

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure

 

Did you receive a Default Notice from the original creditor? No

 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Not sure

 

Why did you cease payments? Financial Difficulties

 

What was the date of your last payment? Around mid 2018

 

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 management plan? No

 

………...

 

Hi dx, 

I don't think I have a defence! 🙄 

Don't want to end up having to pay a shed load of court costs on top of what i already owe.

 

What would your advice be? 

 

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Hi all, in the CPR template it says

Please treat this letter as my request made under CPR 31.14 ........................................ each of the documents mentioned in your Particulars of Claim.

It gives a list of docs - the agreement, notice of assignment etc then underneath

*delete if not mentioned in the Particulars of claim

 

I don't see any of these documents listed on the Particulars of Claim on my claim form but surely I should ask for some of these documents?

 

Sorry if it's a stupid question, been on here searching the forums for a couple hours the answer but haven't got anywhere (god i know i shouldn't have started this lol)

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