Lowell portfolio vs Sailor86

[Sailor86]

Hello all,


So here are the particulars of my case.

Received a claim? yes

Issue Date: 24/04/19

Have you Acknowledged the Claim?: yes


Total Amount Claimed : £1500

Claimant’s Name: Lowell Portfolio I Ltd

Solicitors Firm: Lowell Solicitors Limited

Original Creditor: Shop direct

Original Debt : catalogue

Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):

1. the defendant opened a littlewoods regulated consumer credit account under reference xxxx on ##/11/2009 (“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 ##02/2014 and written notice given to the defendant.
4. Despite repeated requests for payment, the sum of £###@ remains due and outstanding. And the claimant claims

a) the said sum of £###@

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 £###, but limited to one year, being £###

c) costs

Is the debt Statute Barred: No

List any letters you have sent:

CPR 31.14 to lowell solicitors and CCA request to lowell portfolio, copy to the solicitors. All sent a few days after the acknowledgement to the court


I have now recived a letter from lowell solicitors stating:

They have recived acklogment of service,

Have requested documents from original creditor, although are unable to control the time it will take,

Requested a notice of assignment from the client,

Do not accept or reconise my correspondence as legal notice and does not accept the fee schedule in my letter,


Iam now looking for advice as I do not understand what they mean by the fee schedule, I have not mentioned this at all in a letter or even understand what they mean.

I'm still awaiting a response from lowel regarding the CCA request.

I'm trying to compile my defense and shall be going on the not having viewed the CCA etc, any advice on this would be great.

I have followed advice from the other posts etc but have now come to a hurdle.

I thank you in advance.

[Sailor86]

I was thinking of going down the route of an N224 form, but am unsure on that and would I have to pay the £255 upfront with this. What is the process of it and can I file this form online through the mocl? On your guidance it states tick for a hearing. Will I have to attend that hearing?

Thanks again.

[MIKE770]

I am now looking for advice as I do not understand what they mean by the fee schedule, I have not mentioned this at all in a letter or even understand what they mean.

Would seem they are still using reference to the silly get out of debt for free letters i.e.:- bills sent as copyright nonsense, of course you never succumbed to that site? mind you that type letter received by some on sites in the past, compensation? leave alone at this stage, in fact unless you can have concrete evidence concentrate on fact they are after your money?

[MIKE770]

as far as your defence :- submit it 48 hrs before deadline as then you will have up to date info or not and then state no CCA etc etc if not received any earlier then you have given them ammunition, before doing anything ask peeps on here! Amethyst

[Sailor86]

OK, thanks, so I shall just get my defense in and take it from there.

[Sailor86]

Hi all,

Just wanted to check that, the 28 days you have to submit your defense is taken 5 days from the court claim issue date.

Eg issued on the 24/04/19, my defense would be required to be in on 27/05/19?

[pt2537]

Hi all,

Just wanted to check that, the 28 days you have to submit your defense is taken 5 days from the court claim issue date.

Eg issued on the 24/04/19, my defense would be required to be in on 27/05/19?

hi there

Was the Claim issued in the CCBC? if it was then on the top right you will have an issue date, the issue date you add 5 days to to get the date of service.

You have 28 days from the date of service to defend unless you agree an extension to file a defence to the claim

[Sailor86]

Hi,
Yes it was ccbc. Thanks for confirming that.

[Sailor86]

HI all,

So its getting towards the date for me to submit my defence, I have written it but would it be possible for some to give a quick check over please?

[Sailor86]

Hello,

So after my defence was submitted I have received what looks like my credit agreement, a breakdown of the bill and notice that the debt had been sold to Lowell. im not sure how genuine these documents are either.

However on the claim it did not include the when the default notice was given so could not ask for a copy of the notice, but in my defence stated I did not recall receiving a default notice.

Do they need to provide this as I belive its my last defence?? im a bit stuck as to what to do next, can someone please help!

Many thanks

[Amethyst]

Is the credit agreement complete? ( ie includes all the terms and prescribed terms? ) is it shop direct finance / home shopping or Littlewoods on the agreement - presumably it was an online application/agreement in 2009 ?

Any dispute over the amount being claimed, any PPI involved etc? Do you know when you defaulted on the account ? ( is it still showing on your credit file?)

[Sailor86]

Hi Amethyst,

Yes the agreement looks complete from what I can tell and its named up as shop direct finance company limited.
No real dispute about the amount, however there are question marks against some figures not stating what they were for.
I don't believe I had PPI.
And yes it was an online agreement in 2009.
No it is not showing on my credit file any longer but was until recently.

[Sailor86]

Also the default was about Feb 14

[Sailor86]

So I offered a very small amount to settle and they rejected, however they did offer a tomlin order, can I have some advice on this please