BW Legal/Lowell Portfolio

[Jasper William]

Hi everyone,

I hope you can help me with this.

I have received a court claim form from the above and will need to respond.

The debt has now accumulated interest and with costs is £3838.39

I had some notification some months ago which said they had checked my credit file and felt I could pay this (well if I could have I would have)

Then a further letter dated 11.11.13 asking for £2721.79

There are a few things that I would like to know if possible.

When the account was taken out it was in the name of Mrs D S xxxxx

The account is years and years old and was taken out over the phone from memory.

I disputed this with the company when they started harassing me as my initials are B S, since Lowell have got hold of it they have changed the name on the account to my first Christian name only.

When I asked Lowell for sight of the original credit agreement they didn't provide it and it seemed to die a death but it has reared its head now.

Whilst I appreciate I owe the catalogue company (now Lowell) money surely they should be chasing me under the name on the agreement and not my name.

Sorry if this all seems a bit vague but any tips here will help. Obviously getting a CCJ isn't ideal at any time, but if there is no other way to defend it (other than paying it) then I will submit an income and expenditure and return the forms to the Court.

Thanks in advance for any help.

JW

[mystery1]

Re: BW Legal/Lowell Portfolio

Well the date is crucial. Pre 2005 and you'll have a defence.

Acknowledge service online. This extends the 5 day service and 14 days to acknowledge by 14 days giving a total of 33 days from the date of the claim form assuming it was MCOL they used.

Send a s78 request immediately.

Post up the particulars of claim and if not a scan were they signed by an individual or a company ?

Did they send a letter before action ?

Have they ever sent a default notice ? Do you have it ?


Any other information ?

Send a 31.14 request.

M1