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Court Claim - Lowell Portfolio 1 / 02 - 24-4-2015

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  • Court Claim - Lowell Portfolio 1 / 02 - 24-4-2015

    Received a claim? Yes
    Issue Date: 24-4-2015
    Amount approx: £510
    Claimant: Lowell Portfolio 1
    Solicitor: Bryan Carter
    Original Credit: 02

    Particulars of Claim:
    This claim is for £394.52, the amount due under an agreement between the original creditor and the defendant to provide finance and/or services and/or goods.
    This debt was assigned to/purchased by Lowell Portfolio I Ltd,
    on 05/07/2010 and notice served pursuant to the law of property act 1925

    Particulars
    RE-02 (UK) ltd
    A/c No. **********,

    and the claimant claims 394.52

    The claimant also claims statutory interest pursuant to S.69 of the county act 1984 at a 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 31.57


    Stat Barred? Yes

    Have sent: Acknowledged the Claim, Sent a CPR 31.14 request

    Other Info:
    This was an 02 mobile contract that was taken out in 2008 after I had called 02 customer services to specifically ask them if the phone would work in North Wales as I was working in that region at the time and could never get a signal. Their response was sure the phone will work as they have the biggest network, so I took the phone and within a week I was back on the phone to 02 and it was only after badgering them for days that I finally got a response to say they did not have a mast in North Wales at that time so the phone would be intermittent at best. I then said I no longer wanted the phone as it was not fit for purpose and I was told I would have to pay the full contract amount to be released from the "contract".
    I have to date never acknowledged this debt nor made a single penny in payments as it was disputed and never dealt with satisfactorily.
    Then I get a court claim in Northampton Business centre from Bryan Carter so I checked around the various forums and was advised by a charity organisation to submit CPR.31.14 which I did and received a response from both Carter and Lowell stating they did not keep such documents and that I should refer to my own documentation. I was also advised to lodge a defense of statute barred and await the next step. Well I'm now getting extremely nervous as I have this morning received a court allocation questionnaire and I'm presuming given the fact Lowell and Carter were made aware of my defense that I have made an error in making this a statute barred defense because they are continuing with the claim??
    Please help if you are able as I have just managed to claw my way back to getting a half decent credit score and this will put me back at the bottom and I really feel I do not owe them anything at all....

    Many Thanks
    Coburg
    Tags: None

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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
Directions Questionnaire



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.




We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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