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Lowell Court Claim

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  • Lowell Court Claim

    Received a claim? Yes
    Issue Date: 30/5/2024
    Have you Acknowledged the Claim?: Yes
    Total Amount Claimed : £1500
    Claimant’s Name: Lowell Portfolio I LTD
    Solicitors Firm: Overdales
    Original Creditor: 118 118 Money
    Original Debt: Credit Card
    Particulars of Claim: The claim is for the sum of xxx due by the defendant under an agreement regulated by the consumer credit act 1974 for a 118 118 money account with the reference of xxx. 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 xxx, notice of which has been given to the defendant. The claim includes statutory interest under s.69 of the county courts act 1974 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings gs in the sum of xxx. The claimant claims the sum of xxx.
    Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): No.
    List any letters you have sent (eg: CCA/ CPR ): CCA, CPR
    Any Other Information or Background Details:
    When was the account opened?



    My defence has been submitted and the have replied to it with DQ, they are requesting no hearing.

    They have not yet provided the agreement but have provided default notice and notice of assignment.

    Should I request hearing due to them not providing everything yet?

    thank you.
    Tags: None

  • #2
    They have also put on the DQ in the hearing venue space “ the claimant respectfully requests that in order to avoid disproportionate costs and for all parties convenience the final hearing of the matter will be conducted by way of a telephone hearing which the claimant will endeavour to arrange

    Comment


    • #3
      The Court will send you a DQ to be filled in, a copy goes to the Court and a copy goes to Overdales.

      Make sure you get Proof of Postage for both.They should provide everything. Yes you should request a Hearing in person on the DQ form.

      https://legalbeagles.info/library/gu...uestionnaire//

      Update when you get a response.

      Comment


      • #4
        They have today sent a copy of the agreement. I dont really remember this debt but did have a patchy spell due to bereavement over the past few years so it seems they can enforce it.

        they also said in the latest letter they’re prepared to come to an agreement. I do not currently have the funds to offer a large amount, is it worth making a monthly offer of what I can afford? If I try this I presume I would not want to write a without prejudice letter as I’d want to be able to prove I’ve made some attempt to settle if they pursue a hearing.

        Comment


        • #5
          How old is the account?

          Does the agreement have all the prescribed terms?
          Has the interest rate been 'varied'?
          etc.

          You really need to thoroughly check what they've sent.

          https://lawzone.legal/when-is-a-cred...unenforceable/

          Comment


          • #6
            The account appears to have been opened in 2021. The prescribed terms listed in the link you posted do appear in the agreement.

            Just one thing, the agreement states an interest rate but the statements quote a “simple annual interest rate” that is different to what the agreement says. It does say in the agreement they can change the interest rate.

            Comment


            • #7
              Originally posted by Inquisitor View Post
              The account appears to have been opened in 2021. The prescribed terms listed in the link you posted do appear in the agreement.

              Just one thing, the agreement states an interest rate but the statements quote a “simple annual interest rate” that is different to what the agreement says. It does say in the agreement they can change the interest rate.
              When they change the interest rate, they have to inform you as they have 'varied' the Terms and Conditions.
              All the documents need to be looked at.

              You can make Offers to settle matters. Write 'Without Prejudice' on the Offer letters, ask them to remove any charges they've added to the account.

              Fill in an income and expenditure form, take into the account of 'cost of living', give yourself a 'buffer', just in case things rocket up.

              https://nedcab.cabmoney.org.uk/

              Send a copy of the following amended letter with a copy of the I & E, make sure you get Proof of Postage.

              Personalize the letter, personal circumstances etc

              https://www.citizensadvice.org.uk/de...itor---letter/

              Comment


              • #8
                Ive sent them an offer a week or two ago but not heard back yet. Although my circumstances have changed and I could pay a little more now. However, after checking my junk mail mediation has been arranged for the end of the week. I have asked for time off and I can’t get it at this short notice. It says I can’t rearrange the appointment. Can’t see if it’s mandatory anywhere.

                I’ve off work for several years due to a multitude of issues including health, been looking for a job for 18 months and although I eventually have one it’s not exactly permanent but still I’m desperate to keep it. Refusing hours or not turning up will really hurt me.

                I actually really don’t know if I owe this, I’ve not been able to locate any evidence lime payments to 118 but I have changed bank account a while back. The transactions on the statements they’ve sent are all for pretty generic stuff like garage forecourts and Asda, not really that helpful.

                Comment


                • #9
                  It's not 'mandatory', parties can cancel mediation in civil court at any time because it is voluntary. Send them an email, that you want 'mediation' but you have 'work' commitments, see what they say.

                  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
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                  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.




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