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I need help! I received a Claim Form from the County Court Business Centre in Northampton, issue date 12 August 2019. I understand the service date will therefore be 17 August so I need to respond before 31 August. I have not yet acknowledged the form.
Total Amount Claimed : £2000
Claimant’s Name: Lowell Portfolio I Ltd
Solicitors Firm: Lowell Solicitors Lts
Original Creditor: Very - Littlewoods/Additions Direct
Original Debt - catalogue credit
Particulars of Claim: 1) The defendant opened a Very- Littlewoods/Additions Direct regulated consumer credit account under reference XXXXX on 14/11/2012 ('the Agreement')
2) In breach of the Agreement, the Defendant failed to maintain the required payments and the Agreement was terminated
3) The Agreement was later assigned to the claimant on 10/07/2015 and written notice given to the defendant
4) Despite repeated requests for payment, the sum of £1700 remains due and outstanding. And the claimant claims
a) The said sum of £1700
b) Interest pursuant to s69 Count 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 £0.38 but limited to one year, being £140
c) Costs
I'm not sure if it would be statute barred, it's around 6 years since I last made payment to the original creditor but no way of checking or proving it, and it's quite possibly just under 6 years, I probably last made payment in late Summer/Autumn 2013.
I sent Lowell a letter in Summer 2015 (I did not keep a copy and have no proof) asking them to send me some proof I had an agreement to pay them and received a generic reply that did not do that, but said the debt was assigned to them and suggested I contact the original creditor for my original credit agreement. Since then I have not contacted them at all.
I have spent days reading online forums about what to do next and have got myself completely confused.
I know I need to respond to the claim and state I intend to defend it.
But what do I need to ask Lowell for, and is it Lowell Portfolio or Lowell Solicitors I write to? Can I do it by email, post or both?
Do they have to prove they have an agreement with me to pay them or is the fact they say they sent written notice of assignment enough? I don't remember receiving this but could well have done, it was over 4 years ago so hard to know. There is so much conflicting advice about this online.
Can I ask for proof of the last payment to the original creditor so I can be sure if it is statute barred or not?
Should I apply for the extra time to prepare a defence or is there any chance I will have enough information to write my defence by the weekend?
Thanks in advance.
Total Amount Claimed : £2000
Claimant’s Name: Lowell Portfolio I Ltd
Solicitors Firm: Lowell Solicitors Lts
Original Creditor: Very - Littlewoods/Additions Direct
Original Debt - catalogue credit
Particulars of Claim: 1) The defendant opened a Very- Littlewoods/Additions Direct regulated consumer credit account under reference XXXXX on 14/11/2012 ('the Agreement')
2) In breach of the Agreement, the Defendant failed to maintain the required payments and the Agreement was terminated
3) The Agreement was later assigned to the claimant on 10/07/2015 and written notice given to the defendant
4) Despite repeated requests for payment, the sum of £1700 remains due and outstanding. And the claimant claims
a) The said sum of £1700
b) Interest pursuant to s69 Count 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 £0.38 but limited to one year, being £140
c) Costs
I'm not sure if it would be statute barred, it's around 6 years since I last made payment to the original creditor but no way of checking or proving it, and it's quite possibly just under 6 years, I probably last made payment in late Summer/Autumn 2013.
I sent Lowell a letter in Summer 2015 (I did not keep a copy and have no proof) asking them to send me some proof I had an agreement to pay them and received a generic reply that did not do that, but said the debt was assigned to them and suggested I contact the original creditor for my original credit agreement. Since then I have not contacted them at all.
I have spent days reading online forums about what to do next and have got myself completely confused.
I know I need to respond to the claim and state I intend to defend it.
But what do I need to ask Lowell for, and is it Lowell Portfolio or Lowell Solicitors I write to? Can I do it by email, post or both?
Do they have to prove they have an agreement with me to pay them or is the fact they say they sent written notice of assignment enough? I don't remember receiving this but could well have done, it was over 4 years ago so hard to know. There is so much conflicting advice about this online.
Can I ask for proof of the last payment to the original creditor so I can be sure if it is statute barred or not?
Should I apply for the extra time to prepare a defence or is there any chance I will have enough information to write my defence by the weekend?
Thanks in advance.
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