Lowell Claim Form Received :(

[IslandScott]

HI,

I've got into a little trouble through burying my head in the sand and through suffering with financial stress and living on a very low income and I was hoping you guys could help me, Ive read a post on one of the pages here and here are the details it asks me to provide, please can you help, I really want to avoid a CCJ if I can as im in the process of looking for a home with my new partner.

Received a claim? Yes
Issue Date: 22 JAN 2019
Have you Acknowledged the Claim?: NO
Total Amount Claimed : £3200
Claimant’s Name: Lowell Portfolio 1 LTD
Solicitors Firm: Lowell Solicitors Limited
Original Creditor: Littlewoods Catalogue
Original Debt (eg. Credit card/Loan/Overdraft) : Catalogue
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):

1) The defendant opened a very - littlewoods/additions credit account under refrence ***** on 11/12/2009 ('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 10/02/2017 and written notice given to the defendant.
4) Despite repeated requests for payment, the sum of £2,800 remains due and outstanding. And the claimant claims.
a) The said sum of £2800
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 £0.600, but limited to one year, being £220
c) Costs

Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): Had contact yes, arranged a repayment plan but had issues logging into there site so never followed it through.
List any letters you have sent (eg: CCA/ CPR ): Not sure. Ive moved address twice in the last 3 years.
Any Other Information or Background Details:

I asked to setup a payment plan of £30 per month 6 months ago which they accepted but stupidly never went through with it as I had issues logging into there website which they were trying to help me with.

Im not sure what to do now, please help !

Thanks,

Scott

[Amethyst]

We specialise in buried heads so don't worry xxx

First job, get the claim acknowledged - the courts systems are a little tempremental at the moment but see if you can sign up and log in to Moneyclaim online using the details on the claim form -see Acknowledge Claim for help doing that, you just want to tick 'intend to defend in full' .... then leave it, and you've bought yourself more time to look at the case and decide what to do with it.

Then have a read of the First Steps post which should give you an idea of next steps.

Do you have any idea when the account defaulted? ( guessing 2016 ?)

You'll need to send a couple letters in next couple days but get the acknowledgment done first and let me know it's done. If the court system is buggered still you might have to do it on the paper response pack instead.

CCA Request
CPR 31.14 Request
Subject Access Request Letter

[IslandScott]

Hi,

Thank you so much for the fast reply. I have managed to get the claim acknowledged online so i guess I now need to move to step 2 ( write to claimant and obtain a copy of the credit agreement ), is that correct ?

To be honest im not sure when the original default date was unfortunately.

Thanks again,

Scott

[IslandScott]

should I do step 2 & 3 tomorrow or just step 2 please ?

[Amethyst]

Hiya xxx Well done for doing the acknowledgement

Yes tomorrow you can send the CCA request to the claimant.

I want to amend the CPR request a little so I'll do that in the morning and post it on here.

Did you get a letter of claim before you received the court documents ? It's okay if you ignored it but they should have put some info in that letter as regards the default date.
otherwise ( if you binned it) - do you have access to your credit file ( Noddle / mar credit club etc ?) and does the littlewoods debt show on there ?

[IslandScott]

Ok great thank you so much. Il dig through all my paperwork in the morning and see if I can find anything relating to it

[Amethyst]

Cool - and try not to worry - it is a process and the claimant just wants to push you into engaging with them - they dont want to mess up your life, so once you have documents sorted, and know your position, you can either push on defending the case or consider making an out of court settlement ( by installments ) to avoid the CCJ. So don't be stressing overnight about it xxxx

[IslandScott]

Ok great, that’s really good to hear and has made me feel a bit better before I settle down for the night. Thanks again for your help, it’s really appreciated.

[Amethyst]

Okay CPR 31.14 request. ( send this to Lowell Solicitors. Send the CCA request to Lowell Portfolio )

Your name
Your address
Your postcode

Date

Claimants name
Claimants address
Claimants postcode

Dear Sirs,

Claim Number: XXXXXX - Lowell Portfolio 1 v ISLANDSCOTT

Request for documents mentioned in a statement of case under CPR 31.14

On xx/xx/xxxx I received a County Court claim of which I have acknowledged receipt indicating my intention to defend in full.

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on xx/xx/xxxx (date 33 days from date of issue). I require copies of the agreement and written notice of assignment.

I, as Defendant, am entitled to see the documents on which the Claimant relies and which you must produce at trial. Disclosure at this stage will enable me to fully plead my case and properly consider my position.

The Particulars of Claim state that the agreement was Terminated however fails to give a date of that termination or plead that a Default Notice was served prior to termination. Therefore a copy of any Default Notice alleged to have been served in order for the original creditor to terminate the agreement should be provided.

I would also appreciate a breakdown of how the amount claimed has arisen.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of up to 28 days to the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

I look forward to hearing from you.

Yours sincerely

Your Name

[IslandScott]

Perfect, thank you so much. On the CCA template it asks me to enter my account number, is that the claim number or the reference number that appears on the claim form under claimant title ?

Also am i right in thinking i send both the cca and cpr forms to Lowell Solicitors and just the cca to Lowell portfolio ?

Thanks again,

Scott

[Amethyst]

It'll be the account reference that Lowell quoted - so whatever is in here

under refrence ***** on 11/12/2009 ('the agreement').

Just the CCA to Lowell Portfolio - Just the CPR request to Lowell Solicitors xxx

[IslandScott]

Thank you. I posted them on Saturday. Is there anything else I need to do ?

Thanks again for your help.

[IslandScott]

Should i try and contact them to arrange a payment plan ?

[Amethyst]

It's entirely up to you Scott, if it is getting you down and you're worrying about it constantly then you can just get in touch with them and try and negotiate an affordable monthly payment and ask that it is without the claim going forward in court ( usually they'll do it under a Tomlin Order so the case stays on hold so they could pick it back up if you break the agreement )

You've sent off the letters to try get more information from them about the debt, once you receive responses to those ( and I would give it a bit more time tbh ) you'll have a better idea how far they are going to take it, and if they don't have the agreement straight off you might have a stronger hand to negotiate payment.

You do have another 20 days before you need to submit a defence or anything to the court so there's no mad rush xxx

( 22nd Jan was the issue date - you've acknowledged the claim - so your defence needs filing around 20th Feb ( latest is 24th )

[MIKE770]

no they have to prove they have a genuine case, otherwise you will be paying for their annual Bahamas holiday or party, honest too soon to capitulate that is what these cretins thrive on your fear - crooks is not the main name of them! never contact them unless advised on here = shows your weakness and they pray on you for that. as Ame states a review at a later date if things should look bad, but that is a later date