Court Claim - Lowell Portfolio 1 Limited / JD Williams - 1-10-2014

[1614cc]

Received a claim? Yes
Issue Date: 1-10-2014
Amount approx: 1294.87
Claimant: Lowell Portfolio 1 Limited
Solicitor: BW Legal
Original Credit: JD Williams

Particulars of Claim:
The Claimants Claim is for the sum of
1,144.87 being monies due from the
Defendant to the Claimant under a
Home Shopping
agreement regulated by
the Consumer Credit Act 1974 between the
Defendant and
JD Williams & Company Limited

under account reference ********
and assigned to the claimant on 07/01/2013
notice of which has been given to the
Defendant.
The Defendant failed to maintain the
contractual payment under the terms of the
agreement and a default notice has been
served and not complied with.
The claim also includes statutory interest
pursuant to section 69 of the County Courts
Act 1984 at a rate of 8.00% per annum (a
daily rate of 0.23 from the date of
assignment of the agreement to the date of
issue () being an amount of 84.18.

The Claimant believes that the facts stated in this claim
form are true and I am duly authorised by the claimant
To sign this statement

signed Alison Duckworth

(Claimant)(Claimant’s Solicitor)
XXXXXXXX

Stat Barred? No

Have sent:

Other Info:
I did have a catalogue account years ago but I don’t remember when or for how much and I thought that I didn't owe them. I have no paperwork to refer to.

[1614cc]

Re: Court Claim - Lowell Portfolio 1 Limited / JD Williams - 1-10-2014

Hello everyone. New here. I’ve been recommended to you and would be very grateful for your advice please.

I’m holding my hands up to having my head buried in the sand. I probably have received letters from DCA’s but I would have just binned them unopened.

I don’t know whether I should just admit the debt and try to come to an arrangement (I would be unable to pay the full amount in one go) because to be honest I don’t easily understand all this legal stuff and it scares me to death.

Or do I disagree with the claim as I’m not sure where they have got their figures from?


Today I signed up with Noddle and found the following:



Lender: Lowell

Balance: £ 1,060

Updated: 26/08/2014

Status: Default

Name *****

Address *****

Date of birth *****

Account type

Mail Order

Account number

****8989 0

Account start date

08/06/2010

Opening balance

£ 1,060

Repayment frequency

Monthly

Date of default

12/06/2012

Default balance

£ 1,060



I’ve been trying to read up on all the threads and take it all in but my brain isn’t legally wired. I think this is what I need to do if I want to defend:

1. Complete the acknowledgment of service by 20.10.14 with my defence sent no later than 03.11.14

2. Send a CCA 77-79 request to Lowells with a £1 postal order to which they have 14 days to respond (if posted next day recorded on 14.10.14 then no later than 28.10.14)

3. Send a CPR 31.14 request to BW Legal and a copy of the CCA sent to Lowells to which they have 7 days to respond (if posted next day recorded on 14.10.14 then no later than 22.10.14)

Please could you tell me if those dates etc. are correct? After that I am extremely confused with what happens. I suppose I would need to wait for an outcome of the CCA and CPR? Otherwise I could telephone BWL and try to arrange something with them?

Thank you for any advice received.

[1614cc]

Re: Court Claim - Lowell Portfolio 1 Limited / JD Williams - 1-10-2014

Anyone?

[Amethyst]

Re: Court Claim - Lowell Portfolio 1 Limited / JD Williams - 1-10-2014

Hiya, Sorry to have missed your posts, sometimes posts made in the witching hours get lost in the morning rush, if you don't get a response it is fine to pm someone with a nudge to look at your thread. I'm just having a read through now for you xx

[Amethyst]

Re: Court Claim - Lowell Portfolio 1 Limited / JD Williams - 1-10-2014


1. Complete the acknowledgment of service by 20.10.14 with my defence sent no later than 03.11.14

2. Send a CCA 77-79 request to Lowells with a £1 postal order to which they have 14 days to respond (if posted next day recorded on 14.10.14 then no later than 28.10.14)

3. Send a CPR 31.14 request to BW Legal and a copy of the CCA sent to Lowells to which they have 7 days to respond (if posted next day recorded on 14.10.14 then no later than 22.10.14)




You look like you've got it pretty sussed out to me. The dates are spot on

It's for a catalogue account opened mid 2010 and defaulted mid 2012. Probably opened online ? It is likely there will be a valid agreement for this as it isn't very old, but always worth asking the claimants as JD Williams aren't always the best at passing on the documentation to the debt purchasers.

Basically once you have sent off those letters it's a case of reporting back anything you hear from the claimants/solicitors and deciding whether to defend or not at around the end of this month ready to submit before 3rd November.

In the CPR request you can ask for

agreement
notice of assignment
default notice


as they have definately been mentioned in the statement of case.It is more than likely they will respond and say they are not obliged to provide the documents as the CPR only applies to fast track cases but it still helps with the court later.

Were there any specific disputes with the debt ?
Do you know which catalogue it is for ?