Lowell/Overdales Cap1 Card Debt + Studio Card Debt - Now Letter Of Claim

[Helpplease1]

Hi all 

I have recently received a Letter Of Claim. Can somebody please advise me on what to do next, any help is much appreciated.

 

thanks in advance.

[dx100uk]

whats the debt all about please

that dictates how you respond

 

dx

 

[Helpplease1]

For some reason it won’t let me upload a photo of the letter but, it is from their client Lowell Portfolio I Ltd for the payment of £1163.80 rising to estimate of £1414.42 with court fees etc. I have 30 days to avoid a county court claim.

Capital one credit card £278.79

Studio retail ltd £885.01

 

[dx100uk]

not it does NOT say you have 30 days to avoid court...READ IT PROPERLY!

 

now how old are these debts and when was the last time you used each or paid each please?

 

dx

 

[Helpplease1]

Sorry I don’t understand? In big red letters in top left hand of first page it says “you have 30 days to avoid a County court claim”. 
and page 2, “ If you fail to make payment or respond to this letter as set out in the enclosed documents within 30 days of the date of this letter, we will issue a County Court Claim”

Once again I’m sorry for not understanding.

 

As for the debts

 

Capital one, entered agreement on 09/04/2019 terminated and assigned to Lowell on 16/12/2021. I have not spoken to or responded to Lowell about this debt at this point.

 

Studio Retail, entered agreement on 21/09/2020 terminated and assigned to Lowell on 30/05/2022. I have not spoken to or responded to Lowell about this debt at this point.
 

Many thanks for responding

 

 

 

 

[dx100uk]

you have to read/understand the letter of claim in all it's context.

 

you MUST respond to a letter of claim, simply because most powerless DCA's/Debt Buyer will automatically assume that a non response might mean a non response to a claimform too, which equals an easy default judgement , bit like a backdoor CCJ.

 

now one last q...

have you moved since taking these out and never informed the OC nor the DCA of your new address?

 

dx

 

[Helpplease1]

Thanks yes now I understand. 
 

No I am at the same address the debt is registered. 
 

[dx100uk]

ok good 

thank you and sorry for the questions but they are important not only to you but to future readers that might not post, but just read.

 

hit letter of claim

follow post 2

post one for each separately.

 

there is obv no previous reason so just use the default one there

the claimant has yet to provide any documentation or whatever it says...

 

dx 

[Helpplease1]

No I understand 

Once again thanks you very much for the much needed advice.

[dx100uk]

[Helpplease1]

Good evening dx100uk

I followed all instructions and got that sent to them. Today i received an A4 envelope, full with all the documents I requested. Do you have any advice on my next step/steps.

Thanks in advance 

[dx100uk]

yes scan them all upto one mass PDF after redacting each page as a jpg.

read upload CAREFULLY

leave all dates times figures

simply remove YOUR details and any ref numbers, basically anything they could use to ID you here...as an anon user

 

dx

 

[Helpplease1]

Thank you I’ll look read it and get right on this.

 

letter of claim reply 2023.pdf

[dx100uk]

cap1 

i will guess where it says on both agreements  - date of sig and a tick box - you name is typed?

but no IP address? so an online sign up?

the default notice is compliant.

 

studio

on the agreement - any sig in the boxes where yours should be?

default notice is non compliant - it says 21 days not a date which it should do.

 

 

[Helpplease1]

Yes cap1 was online signup.

Studio - it says this is my copy but no boxes ticked or signed on this copy. Once again this was also online sign up 

[dx100uk]

so studio paperwork is bogroll proves zero.

cap1 - there is no time or date no IP to prove where and when you signed up to the card.

thats pretty removed from other Cap1 Agreement uploads here for that sign up period.

no wonder the original creditors sold the debts on and not crush your themselves in court...eh?

 

dx

 

[Helpplease1]

Looking at it from that view yes I agree. 
 

Now I know I’m asking over and over and taking up your time but I do really appreciate all the help I have received from you, what would you suggest my next move is? 

[dx100uk]

not yours

 

dx

 

[Helpplease1]

Great but it says on the letter and I quote

Quote

Should you still believe that you are not liable for the above debts, we ask that you provide us with evidence that supports this. 

Of course there is no such “evidence” I could provide, but what would happen if I just ignore now and they go for a ccj

[dx100uk]

they have zero legal powers to demand anything.

yours is no the next move.

get reading up too.