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Thread: Lowell Chasing A Debt Right At The Final Moment! CCJ Help Please

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    Default Lowell Chasing A Debt Right At The Final Moment! CCJ Help Please

    Hi I have received a Claim form From the Claimant Lowell Portfolio In the County Court Buiness Centre on white paper, Its 4 pages long. N1SDT, N9SDT, N9A (SDT) and N9B (SDT). This is for a debt from back in 2010 which I argued with and then was no longer at the property for. Over the years several different companies have tried chasing me for this but everyone who chased me I contacted them and explained my defence of why I am not paying it. They have accepted this and stopped perusing. Then a year goes by sometimes more sometimes less then another different company takes up the alleged debt and we go again. This time it has been Lowell's turn and they accepted what I said and nothing further happened, a letter came a few months from them and I will be honest I ignored it, I've had enough and according to my credit file this will be reported on my file until June 2017. I only have a few months.... what do I do about this? I apparently have to respond within 14 days of the day of service. The day of service is 5 days after the issue date (date issued: 18th April 2017). But i have had different conflicting information. Some people say its a ruse to make me pay because its not a true court document (they are blue and white) and others have me panicking. I have never been in this position before in my life,

    Thanks for taking the time to read this,
    Gemma

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    Default Re: Lowell Chasing A Debt Right At The Final Moment! CCJ Help Please


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    Default Re: Lowell Chasing A Debt Right At The Final Moment! CCJ Help Please

    Quote Originally Posted by MIKE770 View Post
    Gem81 Lowell don't send fake court claims out....it is genuine follow mikes steps as in previous post.

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    Default Re: Lowell Chasing A Debt Right At The Final Moment! CCJ Help Please

    Thankyou to everyone who has helped so far I appreciate it. I have ordered some printer ink so I can print out your templates with my details. One quick question though, just to clarify, when I log into the online government site what do I put my plea as? I just NEED more time to try and deal with this out of court as per your instructions.

    Thankyou

    Gemma

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    Default Re: Lowell Chasing A Debt Right At The Final Moment! CCJ Help Please

    tick = defend all that is it for now - take it you mean the question on the form?

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    Default Re: Lowell Chasing A Debt Right At The Final Moment! CCJ Help Please

    Hi Gemma

    For the time being do not enter a written defence.....leave that box blank.

    Just tick the 'defend in full' part, &, if you live in England/Wales, do not contest jurisdiction.
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

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    Default Re: Lowell Chasing A Debt Right At The Final Moment! CCJ Help Please


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    Default Re: Lowell Chasing A Debt Right At The Final Moment! CCJ Help Please

    Could you post up the Particulars of Claim (or type verbatim).........with personal identifiers edited out?
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

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    Default Re: Lowell Chasing A Debt Right At The Final Moment! CCJ Help Please

    Hi,

    The Particulars Of Claim, read as thus;

    1) The Defendant entered into an agreement with BT PLC under account reference xxxxxxxxx ("the Agreement").
    2) The Defendant failed to maintain the required payments and the service was terminated.
    3) The Agreement was later assigned to the Claimant on 24/03/2016 and notice given to the Defendant.
    4) Despite repeated requests for payment, the sum of £377.26 remains due and outstanding.
    And the Claimant Claims
    a) The said sum of £377.26
    b) Interest in pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.083, but limited to one year, being £30.18
    c) Costs
    ___________________________

    They are claiming £492.44, £407.44 claimed, £35 court fee and £50 Legal representative's costs.

    I spoke to the hubby about this and he reminded me more about the situation when it happened. We cancelled BT due to their services not working at all, they sent engineer after engineer out to the property and eventually one engineer told us just to plug a sky router in and get sky to come in and sort it. I then called BT said I was giving them notice as I was still in a trial period I believe, and that I was cancelling as their services had been terrible and not working in anyway making it pointless us paying for a service that did not work. We then contacted Sky who then took over the line at the property cam in fixed it and everything was working great, a month or so later our house came ready and we moved out of the flat into the house.
    Like I said on my previous post, I have been over the years contacted by various different collection companies but once I explained the circumstances they then verified what I said and stopped calling. Then A year, sometimes more, sometimes less would go by and a different company would take up the alleged debt and we would do the same dance. Last year yes, Lowell contacted me but they were given the same story and they stopped contacting. I did get a letter some time back but I ignored it as it was a demand but no notice has been received by me. My credit file is up to date as is my electoral register address so I can always be found if I am required by anyone. Do I have perfect credit no, I'm only human and have had life happen to me and missed the odd payment here and there over the last 18 years but I do keep a tight eye on my credit file.
    That said I did a check over the weekend and my file says that this entry onto my file began on the 18th of April 2010 and is reported on my file until June 2017. Is this their Hail Mary last stand to get money for something I do not owe?

    I hope this helps? My printer came today so I'm jumping on the templates and getting my letters together, I am still nervous about going online and loging into moneyclaim.gov to respond I dont want to screw this up,

    Gemma

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    Default Re: Lowell Chasing A Debt Right At The Final Moment! CCJ Help Please

    OK so that's the AOS done and my CPR 31.14 letter sorted. I just want to fully check in the part where you name what you want from them, given the above Particulars Of Claim am I requesting:

    1. Agreement / Contract
    2. Notice
    3. Assignment
    4. Formal Demand

    Before I print it, sign it and post it (recorded delivery)? I understand I am not able to request the Credit Agreement but at the time of entering the agreement/contract with BT I was under a trial offer and there has to be records of the mass visits of engineers out to my property?... Should I contact Sky and see exactly when I began my agreement with them as this will prove the date at which they took over the line from BT?

    Gemma

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