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Hi,
This is the first time I have ever had to post on here but looking over threads realise just how amazing the support and advice people receive is - I am hoping I can get some help and advice too.
On 10th August I received a County Court Claim Form issued by Northampton County Court Business Centre for a debt being chased by Lowell (originally a Capital One account). The account is not statute barred and I have acknowledged the debt in the last 3 months - I wrote offering a payment in full and final settlement which was rejected. I then did not receive any further correspondence although Lowell claim to have sent 3 further letters (this is simply not true I promise).
The issue date for the claim is the 5th August 2016 (received 10th August 2016).
The Claimant is Lowell Portfolio I Ltd.
The solicitor is Lowell Solicitors Limited.
The original creditor is Capital One.
The Particulars of the Claim:
1) The Defendant entered into a Consumer Credit Act 1974 regulated agreement with Capital One under account reference XXXX ('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 24/06/2015 and notice given to the Defendant.
4) Despite repeated requests for payment, the sum of £800.38 remains due and outstanding.
And the Claimant claims
a) The said sum of £800.38
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 £0.175, but limited to one year, being £64.03
c) Costs
The debt is not statute barred.
I originally dealt with Capital One and last letter from them was 24/04/2014. I then received letters from Fredrickson International Ltd and then started getting letters from Lowell on 30th December 2015.
Last payment to Capital One was 18th August 2012 I think. Was in a DMP.
The last letter I sent to Lowell was received by them on the 2nd June 2016. I offered to settle on a full and final basis for £180. This was rejected but they wrote to me on the 3rd June 2016 offering 50% discount. I wrote back on 18th June 2016 to say would settle for £300 on full and final basis and I never received a response or any other communication other than the court claim yesterday (10th August 2016). They claim to have sent 3 letters but never received mine of the 18th June 2016 - I promise this is untrue.
I panicked yesterday and phoned Lowell. They tried to talk me into completing the admission form on the phone but I did not.
I cannot get a CCJ as i will lose my job and with children that is the biggest worry you can have. I just do not know what to do.
I have acknowledged the claim form online and indicated intention to defend. I did this as reading other threads I wanted to get extra time to work out what to do - in the hope that people on here could help me. I now have 28 days I think.
I have now sent the CCA Request to the Claimant and the CPR Request to the Claimant's Solicitor's. Is this right? As I said I cannot get a CCJ and had been willing to deal with Lowells and pay off the debt as it is the only one I have having cleared all of the others 3 years ago. When I cleared all of the other debts I had Capital One were the only ones who did not respond to my settlement offer - all of the others did.
I feel completely lost. I have no idea what to do and whether what I have done is right. Please, please help me. I haven't got the money to cleat the debt but I cannot get a CCJ as it would ruin everything and all that I have done in the last 3 years to get back on track and provide for my family.
Dasher13
This is the first time I have ever had to post on here but looking over threads realise just how amazing the support and advice people receive is - I am hoping I can get some help and advice too.
On 10th August I received a County Court Claim Form issued by Northampton County Court Business Centre for a debt being chased by Lowell (originally a Capital One account). The account is not statute barred and I have acknowledged the debt in the last 3 months - I wrote offering a payment in full and final settlement which was rejected. I then did not receive any further correspondence although Lowell claim to have sent 3 further letters (this is simply not true I promise).
The issue date for the claim is the 5th August 2016 (received 10th August 2016).
The Claimant is Lowell Portfolio I Ltd.
The solicitor is Lowell Solicitors Limited.
The original creditor is Capital One.
The Particulars of the Claim:
1) The Defendant entered into a Consumer Credit Act 1974 regulated agreement with Capital One under account reference XXXX ('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 24/06/2015 and notice given to the Defendant.
4) Despite repeated requests for payment, the sum of £800.38 remains due and outstanding.
And the Claimant claims
a) The said sum of £800.38
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 £0.175, but limited to one year, being £64.03
c) Costs
The debt is not statute barred.
I originally dealt with Capital One and last letter from them was 24/04/2014. I then received letters from Fredrickson International Ltd and then started getting letters from Lowell on 30th December 2015.
Last payment to Capital One was 18th August 2012 I think. Was in a DMP.
The last letter I sent to Lowell was received by them on the 2nd June 2016. I offered to settle on a full and final basis for £180. This was rejected but they wrote to me on the 3rd June 2016 offering 50% discount. I wrote back on 18th June 2016 to say would settle for £300 on full and final basis and I never received a response or any other communication other than the court claim yesterday (10th August 2016). They claim to have sent 3 letters but never received mine of the 18th June 2016 - I promise this is untrue.
I panicked yesterday and phoned Lowell. They tried to talk me into completing the admission form on the phone but I did not.
I cannot get a CCJ as i will lose my job and with children that is the biggest worry you can have. I just do not know what to do.
I have acknowledged the claim form online and indicated intention to defend. I did this as reading other threads I wanted to get extra time to work out what to do - in the hope that people on here could help me. I now have 28 days I think.
I have now sent the CCA Request to the Claimant and the CPR Request to the Claimant's Solicitor's. Is this right? As I said I cannot get a CCJ and had been willing to deal with Lowells and pay off the debt as it is the only one I have having cleared all of the others 3 years ago. When I cleared all of the other debts I had Capital One were the only ones who did not respond to my settlement offer - all of the others did.
I feel completely lost. I have no idea what to do and whether what I have done is right. Please, please help me. I haven't got the money to cleat the debt but I cannot get a CCJ as it would ruin everything and all that I have done in the last 3 years to get back on track and provide for my family.
Dasher13
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