Lowell claim form

[Ianparrynw]

Hi all received a claim form yesterday from lowell and then a letter from overdales today please help

Received a claim? Yes

Issue Date. 05/07/24

Have you Acknowledged the Claim?: Yes - Defend in Full

Total Amount Claimed : £2953.83

Claimant’s Name: Lowell portfolio

Solicitors Firm: Overdales Solicitors

Original Creditor: shop direct finance (Very) £2454.92 and Capital One £164.62

Original Debt (eg. Credit card/Loan/Overdraft): Credit catalogue and credit card

Particulars of Claim:


Defendant Particulars of Claim
1)The Claim comprises the following Agreements the Defendant entered into: a. Shop Direct Finance Company Limited with reference 847****01 and current balance of £2454.96
b. Capital One (Europe) plc
with reference 5469*****876386 and current balance of £164.92
The Agreements were terminated as payments were not maintained and subsequently assigned to the Claimant.
And the Claimant claims:
a) The total of the said sums being £2619.88
b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, but limited to one year, being £138.95
c) Costs
Is the debt Statute Barred : No

List any letters you have sent (eg: CCA/ CPR ): None Yet

I havent spoke to them atall over the years

Any Other Information or Background Details: I did have a account with both creditors

Have done Acknowledge Service of the Claim on moneyclaim


I recived the claim form then the following day a letter from overdales saying I will be getting a claim form

So do I send the letters as mentioned in the other posts lile sar and cca

Thanks so much

[Ianparrynw]

Forgot to add the Claim form is dated 05/07/24 and the letter from overdales saying I will be getting a claim is dated 11/07/2024

Thanks

[echat11]

a) First Acknowledge the Claim, you can do this online via MCOL, this will give you 28 days (plus 5 days postal) in total to work on your defence - You've done this.

https://legalbeagles.info/library/gu...ledge-a-claim/

b) Send a SAR request to Shop Direct and Capital One, they have 30 days to provide all the data they hold on the account. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

c) Send a CCA request to Lowell Portfolio they have 12 days to provide a copy of the original agreement. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...etter-example/

d) Send a CPR 31.14 request to Overdales, they have 7 days to provide all the documents they are relying on to make the claim against you, again get Proof of Postage.

https://legalbeagles.info/library/gu...-of-documents/

e) This is an example Defence, start looking at it, don't fill or file it with the Court or their solicitors yet.

https://legalbeagles.info/library/gu...-court-claims/

Don't speak to creditors, solicitors etc over the phone, everything in writing. Keep on top of this, especially dates for filing defence etc. Workout when your Defence is due, 28 days from the date on the claim form. If you can post on the thread 5 days before it's due we can help with your Defence.

[Ianparrynw]

Thanks going to get then sent off today......

I've had a look on my credit report.

The shop direct account shows closed and no default opened 23 May 2015 ( don't they have to issue default before selling the debt)

Then the lowel shows

Account status
In default

Date opened

23 May 2015

so same dates?

No capital One on the credit report

But a lowell
in default

£164

Don't know if any of this helps me?

Thanks

[echat11]

Thanks going to get then sent off today......

I've had a look on my credit report.

The shop direct account shows closed and no default opened 23 May 2015 ( don't they have to issue default before selling the debt)

Then the lowel shows

Account status
In default

Date opened

23 May 2015

so same dates?

No capital One on the credit report

But a lowell
in default

£164

Don't know if any of this helps me?

Thanks

No, there would have been a Default for each account after you missed i.e. 3 payments.
You don't want several Defaults for the same accounts on your Credit File.
It does happen, when accounts are sold, but shouldn't.

[Ianparrynw]

Ok thanks

I can only find a PO box for capital One, Am i oke to send to that with proof of purchase?


Thanks again

[echat11]

This one?

Capital One Card Services

P.O. Box 5283

Nottingham

NG2 9HD

You mean Proof of Postage.

[Ianparrynw]

I'm not sure I've found 3 different addresses to send it to?

Subject Access Request Capital One (Europe) PLC
PO BOX 5281
Nottingham
NG2 3HX



Found that in the faq on there website

And sorry yes proof of postage

I'll send it to the main address you mentioned incase the others are old addresses

[echat11]

I'm not sure I've found 3 different addresses to send it to?

Subject Access Request Capital One (Europe) PLC
PO BOX 5281
Nottingham
NG2 3HX



Found that in the faq on there website

And sorry yes proof of postage

I'll send it to the main address you mentioned incase the others are old addresses

Then that's the correct address.

[Ianparrynw]

Update:

Have recived a email from shop direct:

Hi Sir/Madam This letter is important and requires your careful consideration.
Thank you for taking the time to contact us recently. Unfortunately, the date of birth you provided in your
response is different to what we hold on our records. To enable us to verify your identity and progress this
matter, please send us a copy of one of the following documents:
Birth Certificate
Driving Licence
Passport
Residence Permit
Adoption Certificate
Please send a scanned copy or a photo of one of the above to Triage1@theverygroup.com. Please ensure you
quote the reference at the top of this letter in your resresponse

Have replied with a photo of my driving lisence.

Looks like they don't have the right dob for me

Thanks

[echat11]

Update:

Have recived a email from shop direct:

Hi Sir/Madam This letter is important and requires your careful consideration.
Thank you for taking the time to contact us recently. Unfortunately, the date of birth you provided in your
response is different to what we hold on our records. To enable us to verify your identity and progress this
matter, please send us a copy of one of the following documents:
Birth Certificate
Driving Licence
Passport
Residence Permit
Adoption Certificate
Please send a scanned copy or a photo of one of the above to Triage1@theverygroup.com. Please ensure you
quote the reference at the top of this letter in your resresponse

Have replied with a photo of my driving lisence.

Looks like they don't have the right dob for me

Thanks

Update when you get more details.

[Ianparrynw]

Just a update:

26/07/24 today.

all letters signed for 16/07/24


Overdales signed for letter 16/07/216 and haven't recived anything yet so the 7 days is passed on that.


Couple more days left on the lowell 12 days, but had nothing yet.

And nothing off cap one or shop direct yet.


Thanks

[echat11]

O.K. update when you get something through.

[Ianparrynw]

Thanks will do

[Ianparrynw]

Hi
Recived documents from overdales.
They have sent notice of assignment for both accounts but only a copy of agreement and statement for very (shop direct).
No default notices.
I've had a look through and only things I can find that look strange is both the notice of assignments are dated the same date 7th feburary 2023.
Also on the very group statement it has a default date of 30/06/2022 on the statement.
My Equifax says my shop direct (very) Date Satisfied 09/07/2022
then lowel portfiolo Default Date 29/06/2022