CCJ Claim Received From Lowell/Carter & Need Advice

[JN72]

Hi

I have just received a CCJ Claim for an old account that I believe I paid off.

Long story short, it was a catalogue account that I opened at some point in the early 00's. In 2006, I fell out of work and also adopted 2 special needs children. An agreement was made with the original creditor to make small monthly payments. I fulfilled that agreement and for several years made the payments as agreed (more than the agreed payment for much of the time). I did not hear anything further from them.

Out of the blue I have received this CCJ claim Form about the account.

I have tried to get my bank statements but that account is now closed so I don't have any evidence of payments to the creditor.

I want to defend the claim as I believe it was paid off years ago but is there a way I can request the credit agreement and statements of payments made to the creditor?

Any assistance would be greatly appreciated as I am about to move out of the country and want to deal with this matter before I move.

Thanks

[JN72]

Re: CCJ Claim Received From Lowell/Carter & Need Advice

Sorry it would probably help to give the particulars of the claim which says...

This claim is for 629.54, the amount due under and agreement between the original creditor and the defendant to provide finance and / or services and /or goods.
The debt was assigned to/purchased by Lowell Portfolio 1 Ltd, on 27/03/2014 and notice served pursuant to the law of property act 1925

Particulars RE - JD Williams
A/C No XXXXXXXXX

and the claimant claims 629.54

The claim also claims statutory interest pursuant to S.69 of the county act 1984 at the rate of 8% Per Annum
From the date of assignment of the agreement to date but limited to a maximum of one year and a maximum of 1000 amounting to 49.82

[nemesis45]

Re: CCJ Claim Received From Lowell/Carter & Need Advice

Hi Welcome to LB.

Please post a redacted copy of the claim here.
Have you had any prior contact from Lowell?
1. Acknowledge claim (this can be done through MCOL ( money claim online, keep careful note of passwords etc.) state your intention to defend in full.
2.Send a CCA Request to Lowell to get a copy of the agreement, there is a £1 statutory fee to pay, use a cheque or postal order clearly endorsed for statutory fee only. Lowell has 12 + 2 Working days to comply. (template in forum library)3. A request under CPR 31 .14 for all the documents mentioned in the particulars of claim ( no other docs can be requested). Carter is likely to reject this and say that
" the claim will likely be allocated to the small claims track" etc. but it still a good idea to do it.
Statements would need a Subject Access Request to the original creditor (catalogue) but this has a 40 day timescale.

You could try a SAR to the bank if you have account details records have to be kept for 6 years after the account is closed again a 40 day time scale.

nem