Help with a Lowell court claim please

[jojojo]

Hello,

I was advised by another forum that you would be able to help me. I have received a court claim form for an old debt with Next.

The total is now £394.96 - I have been trying really hard to clean up my credit file and this doesn't even appear on Noddle - I am not 100% but I think its over 6 years old.

How do I proceed? I am just getting over an op at the moment so am finding it difficult to concentrate on what to do.

Thank you
Jo

[Kati]

Re: Help with a Lowell court claim please

don't worry Jo ... you'll get help here :nod:

I'll :bump: @nemesis45 and @Amethyst for you (they're good at this), but in the meantime, here's a link for your first steps - http://legalbeagles.info/forums/show...it-Court-Claim

Is there any chance you could email me a pic of the claim form (or type up the 'particulars' word for word)??

to LB xx

[jojojo]

Re: Help with a Lowell court claim please

Hi Kati

Thanks so much The claim form states that it will be in the County Court Business Cente

Issue date s 24th Feb 2016

the Claimant is
Lowell Portfolio I LTD
Ellington House
9 Savannah Way
Leeds
West Yorkshire
LS10 1AB

Address for sending documents and payments is
Lowell Solicitors Ltd
PO BOX 1419
Northamption
NN2 1BU

Particulars of claim
1) The defendant entered into a Consumer credit act 1974 regulated agreement with Next under account reference QX438345 ('the agreement')
2) The defendant failed to maintain the required payments and a default notice was served and not complied with.
3) The agreement was later assigned to the claimant on 26/04/2013 and notice given to the defendant.
4) Despite repeated requests for payment the sum of £287.00 remains due and outstanding.
And the claimant claims
A) the said sum of £287.00
b) Interest pursuant to s69 County Courts act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.063, but limited to one year ,being £22.96
C) Costs

Amount claimed £309.96
Court fee £35.00
Legal representatives costs 50.00
Total amount 394.96


Its signed by Lowell solicitors Ltd

Thanks

[nemesis45]

Re: Help with a Lowell court claim please

Hello,

I was advised by another forum that you would be able to help me. I have received a court claim form for an old debt with Next.

The total is now £394.96 - I have been trying really hard to clean up my credit file and this doesn't even appear on Noddle - I am not 100% but I think its over 6 years old.

How do I proceed? I am just getting over an op at the moment so am finding it difficult to concentrate on what to do.

Thank you
Jo

Good morning jojojo,

Please don't let Lowell get to you they are not worth getting stressed over!

For the debt to become statute barred there must have been no payments or written acknowledgments in a clear 6 year period.
Can you tell me please when contractually required payments ceased completely.

Is Lowell writing to you and or phoning frequently?

Couple of choices at this stage, a prove it letter and / or a CCA request to Lowell to get a copy of the Next agreement.
We can help with these.

nem

[jojojo]

Re: Help with a Lowell court claim please

I have now followed the steps and acknowledged the claim and my intention to defend.

I have also completed the two letters and will get these in the post today.

I think it may be on the borderline for 6 years but am not entirely sure - I have gone back as far as 5 years so far and cant find any payments to them.

I will keep looking.

[nemesis45]

Re: Help with a Lowell court claim please

Good morning Jo.

If the debt is statute barred these qualifications are needed.

No payments or written acknowledgments in 6 clear years.

Do you recall when contractually required payments ceased.

The Claim:

First job. A CCA request for the Next agreement. There is a £1 Statutory Fee for this, use a postal order and write " For Statutory Fee Only " on both sides.

Address to Andrew Bartle COO of the Lowell Group at the address on the claim form. Lowell has 12 + 2 Working days to comply.

There is a template in the forum library for this. Send it by signed for post and check delivery date and signature.

Next: A request made under the provisions of Civil Procedure Rule 31 .14 (No Fee) To Lowell Solicitors for the documents mentioned in the statement of claim.

Which I this case are:

1. The agreement.

2. The default Notice.

3. The Notice of Assignment.

There's also a template for this in the forum library.
Send by signed for post, The sols have a nominal 7 days to respond.

If there is any other information you can give us on the history of the debt it would be helpful.

Lastly don't let Lowell stress you over this, there's a wealth of help available here.

nem

[jojojo]

Re: Help with a Lowell court claim please

Hi
I have received a letter this morning from Lowell solicitors saying they have passed the letter on to the client to get the required documentation but this is unlikely to be within the time frame - Is this a good or bad thing?

Thanks

[nemesis45]

Re: Help with a Lowell court claim please

Hi
I have received a letter this morning from Lowell solicitors saying they have passed the letter on to the client to get the required documentation but this is unlikely to be within the time frame - Is this a good or bad thing?

Thanks

Morning Jojo,

Which letter CPR 31 14 ?

nem

[jojojo]

Re: Help with a Lowell court claim please

It was the CPR request.

[nemesis45]

Re: Help with a Lowell court claim please

It was the CPR request.

OK JoJo solicitors being part of the same group of companies has obviously not improved case management as Lowell so blatantly claimed it would!

nem

[jojojo]

Re: Help with a Lowell court claim please

Hi Nem

I haven't received anything since the last letter confirming they would not be able to get the CPR request back to me in 12 days. What do I need to do now, The original claim date was 24th Feb so I am guessing I have to add something to the moneyclaim website shortly?

Thanks
Jo

[Kati]

Re: Help with a Lowell court claim please

Hi Nem

I haven't received anything since the last letter confirming they would not be able to get the CPR request back to me in 12 days. What do I need to do now, The original claim date was 24th Feb so I am guessing I have to add something to the moneyclaim website shortly?

Thanks
Jo

As you acknowledged the claim, you've got 33 days from the "date of issue" before your defence is due

This would take you to:

From Wednesday, 24 February 2016
Added 33 days
Result: Monday, 28 March 2016

[jojojo]

Re: Help with a Lowell court claim please

Fab thank you - I have a little bit of time yet then

[jojojo]

Re: Help with a Lowell court claim please

Hi

I still havent heard anything else from Lowell - None of the information I have asked for has been provided. I am getting a bit anxious about my defence. If they dont provide the information in time what happens? Thanks Jo

- - - Updated - - -

Also it says 28 days on claim form - and if you include the 24th Feb it would be 28 days tomorrow so I need to get the defence in quickly dont I?

[nemesis45]

Re: Help with a Lowell court claim please

Hi

I still havent heard anything else from Lowell - None of the information I have asked for has been provided. I am getting a bit anxious about my defence. If they dont provide the information in time what happens? Thanks Jo******************* Your defence can be based Lowell's failure to comply with the CCA request.

- - - Updated - - -

Also it says 28 days on claim form - and if you include the 24th Feb it would be 28 days tomorrow so I need to get the defence in quickly dont I?

As [MENTION=49370]Kati[/MENTION] posted earlier 33 days from 24/02/16 so 28th March 16.

nem