lowell portfolio ltd v easypeasyuk

[easypeasyuk]

Received a claim? Yes

Issue Date: August 26th 2020

Amount approx: 502.97 + costs (claim total 632.97)

Claimant: Lowell Portfolio LTD

Solicitor: Lowell Solicitors LTD

Original Creditor: Shop Direct Finance Company LTD & Telefonica UK LTD

Particulars of Claim:

1) The claim comprises the following Agreements the Defendant entered into:
a. Shop Direct Finance Company Limited with reference xxxxxxxx and current balance of £152.61
b. Telefonica UK LTD with reference xxxxxxxxx and current balance of £313.10
The Agreements were terminated as payments were not maintained and subsequently assigned to the claimant.
And the Claimant claims:
a) The total of the said sums being £465.71
b) Interest pursuant to s69 Country Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, but limited to one year, being £37.26
c) Costs

Is the debt Statute Barred? Apologies I am unsure what this means?

List any letters you have sent: I've just emailed Lowell AND the solicitors a CPR and CCA request letter requesting the agreements that they refer to in their particulars

Any Other Info: I've also filed an acknowledgement to give me 28 days more to prepare the defence

[easypeasyuk]

I've had a response from the solicitors and could do with some advice on it - the below is their response;

Thank you for your email.

We are currently managing two accounts on behalf of our client, Lowell Portfolio Ltd under the reference XXXXXXXX. The balances of these accounts have been consolidated.

Lowell Reference: XXXXXXXX – Original Creditor: Shop Direct – Original Creditor Reference: XXXXXXXX – Current Balance: £207.42

Lowell Reference: XXXXXXXX – Original Creditor: O2 (UK) Ltd – Original Creditor Reference: XXXXXXXX – Current Balance: £425.55

With regards to your document request, we can confirm we have requested a copy of the Agreement in relation to your former Shop Direct account from our client. Once a response has been received, this shall be forwarded you.

In relation to your former O2 (UK) Ltd account, as this is a former telecommunications matter, it is not regulated by the Consumer Credit Act 1974. This means that the original creditor is not required to retain a copy of the Agreement and therefore we are unable to request a copy of this document. We have however, attached copies of the Statements in relation to both accounts as requested.

A County Court Claim has been issued with a deemed service date of 31 August 2020. You should read it fully and respond to the Claim as you deem appropriate; you may wish to seek independent legal advice with regards to this matter.

If you are admitting the debt in full and wish to pay by instalments, our client’s collection agent, Lucas Credit Services is available to complete the Admission form with you over the telephone if you prefer. If you wish to speak to a member of their team they can be contacted by calling 012474 957061 between 8:30am and 6:00pm Monday to Friday or between 9:00am and 1:00pm Saturday. Alternatively, you can complete the form and return it by post to the address provided below, or to the Court.

Failure to respond to the Claim within the timeframe provided may result in a County Court Judgment (CCJ) in Default to be entered against you. This would mean further costs and could make it difficult for you to obtain credit, mortgages, or even some employment whilst it remains unsatisfied on your credit file for six years.
We trust this clarifies our position.


The documents that they have attached are statements but they do not show any payments since 2011 on one and 2013 on the other?

[easypeasyuk]

Can anyone help with this at all ?

[Morlock]

Whether or not the debts are stature barred depends on when you received a default notice and it expired, the date of the last payment made or when you admitted to the debt in writing. The debt is statute barred six years from any of those actions which is grounds for successful defence.

If no CCA can be produced for the Shop Direct acccount you can defend that amount of the claim and the interest added to it.