Court Claim - lowell / o2 - 13-8-2015

[brian12368]

Court Claim - lowell / o2 - 13-8-2015

Received a claim? Yes
Issue Date: 13-8-2015
Amount approx: 358.76
Claimant: lowell
Solicitor: bryan carter
Original Credit: o2

Particulars of Claim:
This claim is for £358.76 The amount due under the agreement between the orginl creditor and the defendant to provide services.
This debt was assigned/purchased by Lowell portfolio ltd on xx/xx/2012 and the notice served pursuant to the property act 1925

particulars
re- o2 ltd
a/c no xxxxxxxxx

and the claimant claims £358.76

Stat Barred? Yes

Have sent:

Other Info:
I have received a county court claim form from bryan carter on behalf of lowell on a debt i am not sure if it is mine and if it is i'm pretty dang sure is well over the statute barred limit as it is saying it was a debt purchased from o2 but i have been with orange for last 7 years. I have checked experian and in the last 6 years on there the only default showing is lowell just over four years ago.

So do i just ask them to send everything stated on the template letter (that's relevant) or have i missed something within the particulars text?


I have added this to the cpr request letter should i leave it in or not:-- In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request (none of the payments made for said copying costs can be construed as payment to/for acknowledgement of this claim).


And just to confirm i send a CCA letter with £1 (making sure it is made aware it is not for payment of the supposed debt) to Lowell. A cpr letter/notice to bryan carter and then a copy of both letters to the court?

[Kati]

Re: Lowell and Bryan carter county court form for a statute barred debt

Hi welcome to LB

Amethyst sets out your first steps well here

So, first steps (within 14 days of receiving the claim)

1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
You'll need your claim reference and password from the front of the claim form - this will extend the time you have to respond to the claim to 28 days from when you received it

2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )
This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely)

If you are unsure of any of those steps then please make a new thread on the forum (you must be registered to do this)

Once those letters have been sent off you should make a new thread on the forum (you must be registered to do this) and make a post titled the claimants name v your username, and containing the date of issue from your claim form, date of service (ie when you received the claim form), type out the Particulars of Claim (exclude account numbers) and tell us the approx amount of the claim. Also tell us any specific disputes or background to the claim you may have. If you know please also tell us the last time you made a payment towards the debt or acknowledged the debt in writing, and confirm you have acknowledged the claim, and what letters you have sent off.
OR
If you received a court claim and want to start a new thread in this forum please complete this form . Thank you.


And people here will help guide you through the next steps.

NOTE: The defence date is 28 days from service (ie when you received the claim) or 33 days (which allows 5 days for service) from the issue date printed on the front of the claim form.

http://www.timeanddate.com/date/dateadd.html

Once you've acknowledged the claim, post up any extra questions you have and the knowledgeable Beagles will be along to advise :nod:

K xx