Claim Form from Overdales / Lowell Portfolio

[John2122]

Received a claim? - Yes
Issue Date: - 25/05/2022
Have you Acknowledged the Claim?: - Yes
Total Amount Claimed : - £750
Claimant’s Name: - Lowell Portfolio I LTD
Solicitors Firm: - Overdales Solicitors
Original Creditor: - Studio
Original Debt - Catalogue
Particulars of Claim:

The claim is for the sum of £XXX.XX due by the Defendant under an agreement regulated by the consumer credit act 1974 for a Studio account with an account reference XXXXXXXXXX. The Defendant failed to maintain contractual payments required by the agreement and a default notice was served under s.87(1) of the consumer credit act 1974 which has not been complied with. The debt was legally assigned to the claimant on xx-09-21, notice of which has been given to the defendant. The claim included statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £XX.XX. The claimant claims the sum of £XXX.XX

Is the debt Statute Barred - No, account is around 3 years old.
List any letters you have sent - Sending SAR, CCA & CPR31.14 today
Any Other Information or Background Details: Last payment made DEC 2020

Hey everyone, had a claim form come through a few days ago form the above for a studio account.

I have responded online and plan to defend in full.

I am sending all the relevant letters using the guides here today but just have a couple of questions. With regard to the postal orders do I leave the "payable to" section blank or write in Overdales Solicitors?

Also for the CCA request, does this go to Overdales, Lowell or Studio as they were the original creditor?

Thanks in advance for the help. The guides and info here are superb

[echat11]

Hi John

a) I am sending all the relevant letters using the guides here today but just have a couple of questions. With regard to the postal orders do I leave the "payable to" section blank or write in Overdales Solicitors?

Write Overdales Solicitors.

b) Also for the CCA request, does this go to Overdales, Lowell or Studio as they were the original creditor?

It goes to Overdales

Update the thread when you get the documents. You must file you defence within 28 days, plus 5 days (postal) regardless of whether you receive the requested documents. Note the date that you need to file your defence. You can find an 'example defence' that you can amend on the left hand side of the webpage, a copy gets sent to the Court and a copy is sent to Overdales, make sure you get Proof of Postage. If you aren't sure just ask.

[John2122]

Hi Echat, thanks for the reply.

Just to confirm, the CCA request does go to the solicitors, Overdales and not Lowell as the claimant?

This is what I'll be sending by post today

The CCA request to Overdales with a £1 postal order.
The CPR31.14 request to Overdales, again with a £1 Postal order
The SAR request to Lowells.

[MIKE770]

Cpr no charge. Get proof posting for all free

[John2122]

Thanks Mike, I wont included the postal order with the CPR request.

Upon reading the CCA request guide/template again, it states;

"If you have received a court claim and are sending this as part of the first steps (after acknowledgment of the claim) then it would be advisable to send to the Claimant, but also send a copy to the solicitors address for their information."

So I'm going to send a copy of the CCA request to Lowells and a copy to Overdales.

[echat11]

Thanks Mike, I wont included the postal order with the CPR request.

Upon reading the CCA request guide/template again, it states;

"If you have received a court claim and are sending this as part of the first steps (after acknowledgment of the claim) then it would be advisable to send to the Claimant, but also send a copy to the solicitors address for their information."

So I'm going to send a copy of the CCA request to Lowells and a copy to Overdales.

That's fine. If you send the CCA request to Overdales, they will just past it on to Lowell's, who will need to find it (from Studio), if they don't have it. Make sure you get Proof of Postage.