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Lowell claiming for an item that was returned 5 years ago

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  • Lowell claiming for an item that was returned 5 years ago

    Received a claim? Yes

    Issue Date: 14/10/2020

    Have you Acknowledged the Claim?: Yes, submitted online 18/10/20

    Total Amount Claimed: about £800

    Claimant’s Name: Lowell Portfolio I Ltd

    Solicitors Firm: Lowell Solicitors Limited

    Original Creditor: Littlewoods

    Original Debt: Catalogue

    Particulars of Claim:
    1) The Defendant entered into an agreement with Littlewoods which was regulated by the Consumer Credit Act 1974 under reference xxxxxxxx on 18/03/2015 ('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 27/11/2015 and written notice given to the Defendant.
    4) Despite repeated requests for payment, the sum of £xxx remains due and outstanding. And the Claimant claims
    a) The said sum of £xxx
    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.xxx, but limited to 1 year, being £xx.xx
    c) Costs

    Is the debt Statute Barred: No

    List any letters you have sent: CCA and CPR requesting the agreement and the notice of assignment are ready to post tomorrow (19/10/2020), should I be requesting any other documents?

    Any Other Information or Background Details:

    This was for a bed I bought from Littlewoods in April 2015, the bed was returned as it wasn't as described and we then bought a bed from somewhere else. I don't have any evidence to say that it was returned other than the email I sent them with no response (they called back to confirm collection as far as I remember). We moved out of that property a few months later, the next thing I heard about this was at the end of last year/beginning of this year when Lowell sent me a letter at my new address requesting the outstanding amount. I sent them a letter back disputing this advising that the bed had been returned (I have a copy somewhere that I am trying to dig out). I received no response to this. I moved 3 months ago and yesterday was brought unopened post from my ex at my old address which included this claim pack from the CCBC.

    I have registered on Money Claim Online and completed the Acknowledgement of Service. I have also prepared the CCA and CPR letters as stated above which I will post tomorrow. If anybody can provide me with any sort of guidance on how to proceed with defending against this claim it would be much appreciated. Thanks in advance!
    Tags: None

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