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Court Claim (Lowell)

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  • Court Claim (Lowell)

    Received a claim? Yes.
    Issue Date: 09 Oct 2020
    Have you Acknowledged the Claim?: Yes
    Total Amount Claimed : Around £2,000
    Claimant’s Name: Lowell Portfolio I
    Solicitors Firm: Lowell Solicitors Ltd
    Original Creditor: Capital One
    Original Debt: Credit card

    Particulars of Claim: It just says that the defendant entered into an agreement with Capital One which was regulated by the CCA 1974, followed by a reference number and a date around three years ago. It then says that the debt was reassigned and that repeated attempts were made to contact the defendant. It then outlines that they are claiming the sum of £XYZ as well as costs.

    Is the debt Statute Barred: I have been living abroad for a year and have had no contact with them prior to going or coming back, but I do not believe that it has been statute barred.

    List any letters you have sent (eg: CCA/ CPR ): I haven't sent any letters yet, just filed AOS.

    Any Other Information or Background Details:

    Hi guys,

    I have basically been an idiot and managed to get myself into a lot of debt by a credit card. I was working at the time but unfortunately lost my job and fell behind with a number of bills and ended up living in a camper van. Stupidly I buried my head in the sand and "hid" from it all and have ended up having these problems as a result. It is my own fault, I cannot blame anybody else for it but I'm now stuck and don't know what to do. I received a court claim form recently regarding the credit card debt.

    I have filed an AOS with the Moneyclaim Gateway online but am a little unsure what to do next? I have logged into my Moneyclaim account and it is asking me to file the particulars of my defence but I'm a little unsure what to put here as I haven't sent any letters off yet and I'm unsure which ones to send and to whom?

    Many thanks in advance to anyone who can help, I appreciate it.

    J
    Tags: None

  • #2
    Hi - Did you open the account around three years ago?

    Debts become time barred after they have been unacknowledged and unpaid for 6 years (5 in Scotland).
    "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

    I am proud to have co-founded LegalBeagles in 2007

    If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

    If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com

    Comment


    • #3
      Originally posted by Celestine View Post
      Hi - Did you open the account around three years ago?

      Debts become time barred after they have been unacknowledged and unpaid for 6 years (5 in Scotland).
      Hi Celestine,

      Yes the account was opened in around Jan/Feb 2017 with Capital One so I don't think the statute barred rule applies here. Do I have a leg to stand on by asking them for a copy of paperwork like credit agreements etc?

      Many thanks,

      J

      Comment


      • #4
        You are entitled to follow the process with CPR and CCA requests as detailed in our guide. However, a 2017 account is likely to have all documents in order.
        A payment plan will be your most likely outcome, you may be able to get a reduction if you can do a full and final settlement?
        "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

        I am proud to have co-founded LegalBeagles in 2007

        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

        If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com

        Comment


        • #5
          Hi Celestine,

          Unfortunately at the minute I am not working and so anything I can afford will be the absolute minimum really. If I make them an offer to pay and they refuse it, will a court still put a CCJ against me?

          Many thanks,

          J

          Comment


          • #6
            Can I just check as well...I have entered the AOS and said that I intend to defend the whole claim. My next step is to enter a defence? Do I just say here that I'm waiting for them to reply to the CCA/CPR requests or do I need to ask for more time etc?

            Thanks,

            J

            Comment


            • #7
              Submit defence 2 day's before deadline they have no time to trash your defence

              Comment


              • #8
                Originally posted by MIKE770 View Post
                Submit defence 2 day's before deadline they have no time to trash your defence
                Thanks Mike,

                What would I actually say in the defence though? Do I just say that I am waiting for them to respond to a CCA/CPR request?

                I can't seem to find any information as to what I''m actually supposed to enter into the defence box on the MCO website and I don't want to write the wrong thing!

                Many thanks,

                J

                Comment


                • #9
                  Example Defence just include the on such a date a request for CCA was made no response has been received also next line request for CPR31,14 made no receives has been afforded.

                  Comment


                  • #10
                    Originally posted by Jguy688 View Post
                    Hi Celestine,
                    Unfortunately at the minute I am not working and so anything I can afford will be the absolute minimum really. If I make them an offer to pay and they refuse it, will a court still put a CCJ against me?
                    Many thanks,
                    J
                    Yes they will happily issue a CCJ against you. You can then apply to the court for a manageable payment arrangement, but you will still have that CCJ.
                    If you decide to settle now, Lowell will accept a payment plan based on your actual finances (they will ask you to fill in an income/expenditure form to find out what you can really afford). No harm submitting the defence to cover all options. X
                    "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

                    I am proud to have co-founded LegalBeagles in 2007

                    If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                    If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com

                    Comment

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                    SHORTCUTS


                    First Steps
                    Check dates
                    Income/Expenditure
                    Acknowledge Claim
                    CCA Request
                    CPR 31.14 Request
                    Subject Access Request Letter
                    Example Defence
                    Set Aside Application
                    Directions Questionnaire



                    If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





                    NOTE: If you receive a court claim note these dates in your calendar ...
                    Acknowledge Claim - within 14 days from Service

                    Defend Claim - within 28 days from Service (IF you acknowledged in time)

                    If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




                    We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
                    If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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