*** DISCONTINUED*** Help.. Received a Claim form!

[mattty]

Hi, received a claim form today from county court business centre.
At first i thought the letter was a fake or something as its a photocpoied letter ie not original stamp on it from the court but has a claim number ect to put on money.claim. (the letter says from lowell and lowell solicitors)
I have read a few threads and guessing i need to aknowledge the claim, also checked my credit report that can see what i think it may be (just say defaulted but nothing else and was may 2010 and different amount to the letter £307,letter says £492)
Anyway a but concerned as never had anything like this before. Although i do remember having a catalouge back then i cant remember if this one was paid or not as been through alot these past years and also moved twice since then.
Help!! what should i do??
Thanks in advance

[nemesis45]

Re: Help.. Received a Claim form!

Good evening, welcome to LB.

Claims are issued from NHCCBC electronically the court stamp is preprinted.

The amount of the claim will include court costs and solicitors fees.

Yes acknowledge the service of the claim asap on line at MCOL ( money claim on line) instructions are in the claim pack) State intention to defend, do not make any statements in defence at this stage.

Make a request under sections 77/78 of the Consumer Credit Act 1974 (CCA Request) there is a £1 Statutory Fee for this, use a postal order endorsed " For Statutory Fee Only " this goes direct to Lowell addressed to Andrew Bartle COO the Lowell Group. Lowell has 12 + 2 Working Days to comply. ( Template request in forum library). Use signed for post.

Next a request made under the provisions of Civil Procedure Rule 31.14 ( no fee) this allows you to request the documents mentioned in the particulars of the claim Only e.g. an agreement, notice of assignment, default notice ( only if mentioned). there is a 7 day timescale for a reply . ( template in the forum library). This goes to Lowell Solicitors in a separate envelope.

That gets you started.

nem

[mattty]

Re: Help.. Received a Claim form!

Thankyou for quick reply,
will get all those printed out and ready to post monday,thankyou
okay to ask further help again on this thread,what actually happens next? feeling nervous!

[nemesis45]

Re: Help.. Received a Claim form!

Thankyou for quick reply,
will get all those printed out and ready to post monday,thankyou
okay to ask further help again on this thread,what actually happens next? feeling nervous!

Of course we will guide you through this!
You can alert me by typing [MENTION=55034]nemesis45[/MENTION] in your post.

nem

[mattty]

Re: Help.. Received a Claim form!

[MENTION=55034]nemesis45[/MENTION] do i tick this box?
You can choose to contest jurisdiction of the claim made against you.

I intend to contest jurisdiction
when acknowledging the claim online?

[nemesis45]

Re: Help.. Received a Claim form!

@nemesis45 do i tick this box?
You can choose to contest jurisdiction of the claim made against you.

I intend to contest jurisdiction
when acknowledging the claim online?

Good morning Matty.
No you do not contest jurisdiction unless you live in Scotland or N Ireland.

nem

[mattty]

Re: Help.. Received a Claim form!

Thanks,don't have a clue about things like this, so expect lots of questions
i have aknowledged online,just about to get letters ready as you suggested.

[nemesis45]

Re: Help.. Received a Claim form!

That's fine Matty, please keep us up to speed on what happens.

nem

[mattty]

Re: Help.. Received a Claim form!

1) The defendant entered into a consumer credit Act 1974 regulated agreemet with Gratan under account reference (M13XXXXXXXXX) (the agreement)
2)The defendant failed to maintain the required payments and was served a default notice
3)The agreement was later assigned to the claimant on 26/06/13 and notice was given to the defendant
4) Despite requests for payment the sum of £377.47 remains due and outstanding.
And the claimant claims a) the said sum b)interestpusuant to s69 county courts act 1984 a rate of 8% per annum from the date of assignment to the date of issue,accuring at a daily rate of 0.083 but limited to one year being 30.20 C) court costs

This is my particulars of claim...what should i be asking for on my CCA request,sorry again for asking but want to make sure i get it right

[mattty]

Re: Help.. Received a Claim form from Lowell

[QUOTE=mattty;600799]1) The defendant entered into a consumer credit Act 1974 regulated agreemet with Gratan under account reference (M13XXXXXXXXX) (the agreement)
2)The defendant failed to maintain the required payments and was served a default notice
3)The agreement was later assigned to the claimant on 26/06/13 and notice was given to the defendant
4) Despite requests for payment the sum of £377.47 remains due and outstanding.
And the claimant claims a) the said sum b)interestpusuant to s69 county courts act 1984 a rate of 8% per annum from the date of assignment to the date of issue,accuring at a daily rate of 0.083 but limited to one year being 30.20 C) court costs

This is my particulars of claim...what should i be asking for on my CCA request,sorry again for asking but want to make sure i get it right [MENTION=55034]nemesis45[/MENTION]

[nemesis45]

Re: Help.. Received a Claim form from Lowell

[QUOTE=mattty;601062]

1) The defendant entered into a consumer credit Act 1974 regulated agreemet with Gratan under account reference (M13XXXXXXXXX) (the agreement)
2)The defendant failed to maintain the required payments and was served a default notice
3)The agreement was later assigned to the claimant on 26/06/13 and notice was given to the defendant
4) Despite requests for payment the sum of £377.47 remains due and outstanding.
And the claimant claims a) the said sum b)interestpusuant to s69 county courts act 1984 a rate of 8% per annum from the date of assignment to the date of issue,accuring at a daily rate of 0.083 but limited to one year being 30.20 C) court costs

This is my particulars of claim...what should i be asking for on my CCA request,sorry again for asking but want to make sure i get it right @nemesis45

Good morning Matty,

The CCA request is for A COPY OF THE AGREEMENT AND ANYOTHER DOCUMENTS MENTIONED IN THE AGREEMENT AND A CURRENT STATEMENT OF THE ACCOUNT (SORRY ABOUT THE CAPS COMPUTER PROB)
You send the CCA request to the claimant. £`1 .00 fee, use a postal order endorsed " For Statutory Fee Only".

A CPR31.14 request to the solicitors (no fee). you request the documents mentioned in the particulars of the claim. i.e. The Agreement. The Default Notice. The Notice of Assignment, ( nothing else can be requested.

Use the templates from the forum library.

nem

[mattty]

Re: Help.. Received a Claim form!

Thankyou [MENTION=55034]nemesis45[/MENTION] using and printing templates now to post on way to work
regarding postal order (never brought on in my life) do i just fill it out payable to lowell portfolio? and write on for statutory fee only.
Thanks again for all your help

[nemesis45]

Re: Help.. Received a Claim form!

Thankyou @nemesis45 using and printing templates now to post on way to work
regarding postal order (never brought on in my life) do i just fill it out payable to lowell portfolio? and write on for statutory fee only.
Thanks again for all your help

Yes that's correct Matty!

Nem

[mattty]

Re: Help.. Received a Claim form!

Great [MENTION=55034]nemesis45[/MENTION] will get them sent off today,do you think worth paying for them to be sent recorded delivery so i can prove sent or should first class be okay?

[nemesis45]

Re: Help.. Received a Claim form!

Great @nemesis45 will get them sent off today,do you think worth paying for them to be sent recorded delivery so i can prove sent or should first class be okay?

1st Class signe for post or next day guaranteed delivery ( quite expensive).

nem