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Hello
In a nutshell,
A CITI card taken out in Feb 2000, was moved to OPUS, Last payment 28 Dec 2011
Lowell took over the debt in late 2012 although I was in dispute.
Immediately issued a Statutory Demand in 2013
They LOST the court case and the Stat Demand was set aside due to Opus credit card Ts& Cs were not correct and proof of mis selling.
Now just received a County Court claimform
and Lowell have piled on £880 worth of interest charges (original debt £4300).
I need help...
Can they send a claimform after a Stat Demand has been set aside?
Can the pile on Interest as this has been in default for almost 6 yrs?
I have sent a CCA & CPR request to Lowell (with £1) on 25th May no response to date (15 June)
Particulars Of Claim:
1)The defendant entered into a consumer credit act 1974 regulated agreement with Opus under account ref 005474************
2) The defendant failed to maintain the required payments and a default notice was served and not complied with (this was in 2012)
3) The agreement was later assigned to the claimant on 29/05/2012 and notice was given to the defendant.
4) Despite repeated requests for payment, the sum of £4209.71 remains due.
And the claimant claims
a) The said sum of 34209.71%
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, occurring at a daily rate of £0.923, but limited to one year being £336.78
c) Costs
I received a letter from Lowell Solicitors confirming the outline that this relates to
"Opus account opened on 16 Feb 2000. The last payment 28 December 2011" My request (cca/ cpr) has been sent to the original creditor"
I have had no further response.
As I need to put together a defence after the "Acknowledgement of service " was sent, I am a little confused how to approach this.
The last payment to the original creditor was December 2011: Is this "statute barred" or does the timer start from the date of LowellsDefault notice?
The "original creditor was actually "CITI" bank. I cannot find any agreement for OPUS
Lowell have taken me through the court with this same account in 2013 with a Stat Demand and the court through out and "set aside" the case. Can this be put in my defence statement?
Just need a little help from you guys if possible.
Thank you
B
In a nutshell,
A CITI card taken out in Feb 2000, was moved to OPUS, Last payment 28 Dec 2011
Lowell took over the debt in late 2012 although I was in dispute.
Immediately issued a Statutory Demand in 2013
They LOST the court case and the Stat Demand was set aside due to Opus credit card Ts& Cs were not correct and proof of mis selling.
Now just received a County Court claimform
and Lowell have piled on £880 worth of interest charges (original debt £4300).I need help...
Can they send a claimform after a Stat Demand has been set aside?
Can the pile on Interest as this has been in default for almost 6 yrs?
I have sent a CCA & CPR request to Lowell (with £1) on 25th May no response to date (15 June)
Particulars Of Claim:
1)The defendant entered into a consumer credit
act 1974 regulated agreement with Opus under account ref 005474************2) The defendant failed to maintain the required payments and a default notice was served and not complied with (this was in 2012)
3) The agreement was later assigned to the claimant on 29/05/2012 and notice was given to the defendant.
4) Despite repeated requests for payment, the sum of £4209.71 remains due.
And the claimant claims
a) The said sum of 34209.71%
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, occurring at a daily rate of £0.923, but limited to one year being £336.78
c) Costs
I received a letter
from Lowell Solicitors confirming the outline that this relates to"Opus account opened on 16 Feb 2000. The last payment 28 December 2011" My request (cca/ cpr) has been sent to the original creditor"
I have had no further response.
As I need to put together a defence after the "Acknowledgement of service " was sent, I am a little confused how to approach this.
The last payment to the original creditor was December 2011: Is this "statute barred
" or does the timer start from the date of LowellsDefault notice?The "original creditor was actually "CITI" bank. I cannot find any agreement for OPUS
Lowell have taken me through the court with this same account in 2013 with a Stat Demand and the court through out and "set aside" the case. Can this be put in my defence statement?
Just need a little help from you guys if possible.
Thank you
B
