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Hi,
I have received a claim form from Northampton County Court dated 5th April 2016 for approx £4.5k.
The claimant is Lowell Portfolio 1, the solicitor is BW Legal and the original creditor was Welcome Finance.
Particulars of claim: The claimant’s claim is for the sum of £4.5k being monies due from the defendant to the claimant under a store cards, consumer finance agreement regulated by the consumer credit act 1974 between the defendant and Welcome Financial Services Limited under account reference xxxxxxx and assigned to the claimant on 30/08/2012 notice of which has been given to the defendant. The defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with. The claim also includes statutory interest pursuant to section 69 of the county courts act 1984 at a rate of 8.00 percent per annum (a daily rate of £x.xx from the date of the assignment of the agreement to 30/08/2013 being an amount of £xxx.xx.
I believe the debt to be statute barred as I only made payments to and had contact with Welcome Finance. I was in severe financial difficulty at the time, struggling to keep my business going so I stopped paying my personal debts. This would have been around the end of 2009. The original loan does not appear on my credit report anymore and was previously showing as a default. Unfortunately I do not have any paperwork/bank statements from that time.
I was working away from home when the County Court claim form was delivered to me so I acknowledged the claim, saying I wished to defend all of the claim, when I returned on 18th April 2016. Using the date calculator I believe I have until 8th May 2016 to submit my defence.
I have sent a CCA request to Lowell, including a £1 postal order, and a CPR request to BW Legal. I sent these letters on 20th April 2016.
Thank you in advance for any help you can offer.
I have received a claim form from Northampton County Court dated 5th April 2016 for approx £4.5k.
The claimant is Lowell Portfolio 1, the solicitor is BW Legal and the original creditor was Welcome Finance.
Particulars of claim: The claimant’s claim is for the sum of £4.5k being monies due from the defendant to the claimant under a store cards, consumer finance agreement regulated by the consumer credit act 1974 between the defendant and Welcome Financial Services Limited under account reference xxxxxxx and assigned to the claimant on 30/08/2012 notice of which has been given to the defendant. The defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with. The claim also includes statutory interest pursuant to section 69 of the county courts act 1984 at a rate of 8.00 percent per annum (a daily rate of £x.xx from the date of the assignment of the agreement to 30/08/2013 being an amount of £xxx.xx.
I believe the debt to be statute barred as I only made payments to and had contact with Welcome Finance. I was in severe financial difficulty at the time, struggling to keep my business going so I stopped paying my personal debts. This would have been around the end of 2009. The original loan does not appear on my credit report anymore and was previously showing as a default. Unfortunately I do not have any paperwork/bank statements from that time.
I was working away from home when the County Court claim form was delivered to me so I acknowledged the claim, saying I wished to defend all of the claim, when I returned on 18th April 2016. Using the date calculator I believe I have until 8th May 2016 to submit my defence.
I have sent a CCA request to Lowell, including a £1 postal order, and a CPR request to BW Legal. I sent these letters on 20th April 2016.
Thank you in advance for any help you can offer.
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