Received Claim Form Lowell/Overdales

[MissCx]

Hello, I have received a Claim Form from Civil National Business Centre, from Lowell/Overdales.

The debt is for a Three account from 2014 that should be statue barred, however on my credit score it stated the account was opened in 2014 and defaulted in 2019, the other debt is for Shop Direct debt.

I have done the acknowledgment of service online, I have previously sent Pre Action Letters and Three Letters to Lowell I did not receive any documents from them and have asked via email and letter for them only for them to tell me they have sent them and that I should check with my postal service.

What should I do next? Thank you.

[MissCx]

The Shop Direct debt defaulted on 2018 which means it will be statue barred in May 2024, is it possible for me to drag this out until then?
Thanks.

[echat11]

Fill in the following, copy / paste back to this thread without personal / details.

Received a claim? Yes/No:
Issue Date:
Have you Acknowledged the Claim?:
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
Claimant’s Name:
Solicitors Firm:
Original Creditor:
Original Debt (eg. Credit card/Loan/Overdraft) :
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
List any letters you have sent (eg: CCA/ CPR ):
Any Other Information or Background Details:

a) What you need to do is Acknowledge the claim online, that will give you an extra 14 days to work on you defence, so that 28 days in total, plus 5 days, you should need this (postal).

https://legalbeagles.info/library/gu...ledge-a-claim/

b) Send Lowell's a CCA request for the Shop Direct debt, they have 12 days to provide the documents. Request a copy of the agreement with Three (that's not covered by the CCA 1974). Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...etter-example/

c) Send Overdales a CPR 31.14 Request, they have 7 days to provide documents they are relying to make the claim. Make sure you get Proof of Postage. (The documents you can request can be found in the Particulars of Claim).

https://legalbeagles.info/library/gu...-of-documents/

d) Send Three and Shop Direct a SAR, they have 30 days to provide all the details on the account. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

Make sure you get your defence in on time, so 28 days from today, note it in your diary.

Post an update regards thoughts / documents received 5 days before defence is due, then we can help with the defence.

[echat11]

The Shop Direct debt defaulted on 2018 which means it will be statue barred in May 2024, is it possible for me to drag this out until then?
Thanks.

The thing is, they have already started legal proceedings, so I don't think so.

[MissCx]

Fill in the following, copy / paste back to this thread without personal / details.
Received a claim? Yes/No: Yes
Issue Date: 11/12/2023
Have you Acknowledged the Claim?: Yes
Total Amount Claimed : 1900
Claimant’s Name: Lowell Portfolio
Solicitors Firm: Overdales Solicitors
Original Creditor: JD Williams & Hutchison 3G
Original Debt (eg. Credit card/Loan/Overdraft) : Catalogue Debt & Mobile Contract
Particulars of Claim: 1)The Claim comprises the following

Agreements the Defendant entered into:

a. JD Williams & Company Limited

with reference ******** and current balance of £572

b. Hutchison 3G UK Limited with reference ********** and current balance of £990

The Agreements were terminated as payments were not maintained and subsequently assigned to the Claimant.

And the Claimant claims:

1. The total of the said sums being £1560
2. 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, but limited to one year, being £125

Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): Not statue barred.

List any letters you have sent (eg: CCA/ CPR ): 3 Letters, Pre Action Letter.
Any Other Information or Background Details:

[echat11]

Fill in the following, copy / paste back to this thread without personal / details.
Received a claim? Yes/No: Yes
Issue Date: 11/12/2023
Have you Acknowledged the Claim?: Yes
Total Amount Claimed : 1900
Claimant’s Name: Lowell Portfolio
Solicitors Firm: Overdales Solicitors
Original Creditor: JD Williams & Hutchison 3G
Original Debt (eg. Credit card/Loan/Overdraft) : Catalogue Debt & Mobile Contract
Particulars of Claim: 1)The Claim comprises the following

Agreements the Defendant entered into:

a. JD Williams & Company Limited

with reference ******** and current balance of £572

b. Hutchison 3G UK Limited with reference ********** and current balance of £990

The Agreements were terminated as payments were not maintained and subsequently assigned to the Claimant.

And the Claimant claims:

1. The total of the said sums being £1560
2. 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, but limited to one year, being £125

Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): Not statue barred.

List any letters you have sent (eg: CCA/ CPR ): 3 Letters, Pre Action Letter.
Any Other Information or Background Details:

You've got (b), (c) and (d) to do. Don't forget to work out your defence due date.

[MissCx]

Fill in the following, copy / paste back to this thread without personal / details.
Received a claim? Yes/No: Yes
Issue Date: 11/12/2023
Have you Acknowledged the Claim?: Yes
Total Amount Claimed : 1900
Claimant’s Name: Lowell Portfolio
Solicitors Firm: Overdales Solicitors
Original Creditor: JD Williams & Hutchison 3G
Original Debt (eg. Credit card/Loan/Overdraft) : Catalogue Debt & Mobile Contract
Particulars of Claim: 1)The Claim comprises the following

Agreements the Defendant entered into:

a. JD Williams & Company Limited

with reference ******** and current balance of £572

b. Hutchison 3G UK Limited with reference ********** and current balance of £990

The Agreements were terminated as payments were not maintained and subsequently assigned to the Claimant.

And the Claimant claims:

1. The total of the said sums being £1560
2. 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, but limited to one year, being £125

Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): No it is not statue barred the default date on my credit score is 2019 for Three and 2018 for Shop Direct.

List any letters you have sent (eg: CCA/ CPR ): 3 Letters, Pre Action Letter.
Any Other Information or Background Details:
The Three debt is from 2014, I lost my job in 2018 and couldn’t pay, I asked for a payment plan and they refused so I stopped paying as I couldn’t physically afford it due to redundadcy, it’s the same situation for Shop Direct I was unemployed for 18 months, had both accounts when I was working and was up to date with payments, the three account I just carried it on every two years and upgraded that’s why it’s so long.

I didn’t have any contact for years so genuinely forgot about them then around a year or so ago Lowell started chasing me for both debts, I sent them Three Letters twice and got proof and never received any documents, they sent a letter before claim earlier this year and I replied to that with the Pre Action Letter and they sent some photo copied details of what looks to be usage of the contract and orders from Shop Direct, I have seen misplaced these upon decorating my home so don’t have them to hand. After that I didn’t hear anything until I got the claim form.

I hope I have done this right.

[echat11]

Fill in the following, copy / paste back to this thread without personal / details.
Received a claim? Yes/No: Yes
Issue Date: 11/12/2023
Have you Acknowledged the Claim?: Yes
Total Amount Claimed : 1900
Claimant’s Name: Lowell Portfolio
Solicitors Firm: Overdales Solicitors
Original Creditor: JD Williams & Hutchison 3G
Original Debt (eg. Credit card/Loan/Overdraft) : Catalogue Debt & Mobile Contract
Particulars of Claim: 1)The Claim comprises the following

Agreements the Defendant entered into:

a. JD Williams & Company Limited

with reference ******** and current balance of £572

b. Hutchison 3G UK Limited with reference ********** and current balance of £990

The Agreements were terminated as payments were not maintained and subsequently assigned to the Claimant.

And the Claimant claims:

1. The total of the said sums being £1560
2. 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, but limited to one year, being £125

Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): No it is not statue barred the default date on my credit score is 2019 for Three and 2018 for Shop Direct.

List any letters you have sent (eg: CCA/ CPR ): 3 Letters, Pre Action Letter.
Any Other Information or Background Details:
The Three debt is from 2014, I lost my job in 2018 and couldn’t pay, I asked for a payment plan and they refused so I stopped paying as I couldn’t physically afford it due to redundadcy, it’s the same situation for Shop Direct I was unemployed for 18 months, had both accounts when I was working and was up to date with payments, the three account I just carried it on every two years and upgraded that’s why it’s so long.

I didn’t have any contact for years so genuinely forgot about them then around a year or so ago Lowell started chasing me for both debts, I sent them Three Letters twice and got proof and never received any documents, they sent a letter before claim earlier this year and I replied to that with the Pre Action Letter and they sent some photo copied details of what looks to be usage of the contract and orders from Shop Direct, I have seen misplaced these upon decorating my home so don’t have them to hand. After that I didn’t hear anything until I got the claim form.

I hope I have done this right.

Yep, it's fine.