Received a court claim from Lowells - advice please

[georgiab]

Received a claim? YES
Issue Date: 09/09/2016
Amount approx: 420
Claimant: LOWELLS
Solicitor: COHEN CRAMMER
Original Creditor: THE SIGMA FINANCIAL GROUP LTD (HAVE NEVER EVEN HEARD OF THESE!)
Particulars of Claim: THE CLAIM IS FOR THE SUM OF £315.88 DUE BY THE DEFENDANT UNDER A NON-REGULATED THE SIGMA FINANCIAL GROUP LIMITED WITH AN ACCOUNT REFERENCE XXXXXXXXX
THE DEFENDANT FAILED TO MAINTAIN CONTRACTUAL PAYMENTS REQUIRED UNDER THE TERMS OF THE ACCOUNT AGREEMENT. THE DEBT WAS LEGALLY ASSIGNED TO THE CLAIMANT ON 12/NOV/2015, NOTICE OF WHICH HAS BEEN GIVEN TO THE DEFENDANT. THE CLAIM INCLUDES STATUTORY INTEREST UNDER S.69 OF THE COUNTY COURTS ACT 1984 AT A RATE OF 8% PER ANNUM FROM THE DATE OF ASSIGNMENT TO THE DATE OF ISSUE OF THESE PROCEEDINGS IN THE SUM OF £20.84. THE CLAIMANT CLAIMS THE SUM OF £336.72
Is the debt Statute Barred? NO - STATUTE BARRED FROM 10/01/2017
List any letters you have sent: NONE
Any Other Info:

I received the above court claim yesterday 13-09-2016. I have acknowledged online that I want to defend in full. Can anyone help me as to what steps I have to take now?

Many thanks

[Amethyst]

Re: Received a court claim from Lowells - advice please

Good morning Georgia.

Do you have any idea what this debt is for originally ? Sigma are a debt purchaser and usually deal with vodafone/Tmobile mobile contract type stuff.

So the claim would be mistated as the original debt owuld have been with the phone company NOT sigma.

You need to send a CPR request for the documents - have a look here for your next steps First Steps - you've already acknowledged and IF it is a mobile contract then the CCA request wouldn;t apply. But you should send this -> CPR 31.14 Request asking for the AGREEMENT, TERMS OF THE ACCOUNT AGREEMENT and NOTICE OF ASSIGNMENT


As the claim stands you can deny ever having entered into any contract/agreement with Sigma, but we should get the CPR letter off and find out a bit more about the background of this before starting to put together any defence.

[georgiab]

Re: Received a court claim from Lowells - advice please

Thank you so much for replying Amethyst!

No i really have no clue what this is for as I am on o2 and always have been!

Shall I send the CPR request today?

Thank you
Georgia

- - - Updated - - -

I am also unsure as of the date I should file my defence by if you could help me that too?

[Kati]

Re: Received a court claim from Lowells - advice please

Shall I send the CPR request today?

yep (follow the advice @Amethyst gave you in post #2)

I am also unsure as of the date I should file my defence by if you could help me that too?

defence is due 33 days after the issue date on the claim form (if you acknowledge service) so -

From Friday, 9 September 2016
Added 33 days

---

Result: Wednesday, 12 October 2016

http://www.timeanddate.com/date/date...aw=&ad=33&rec= xx

[georgiab]

Re: Received a court claim from Lowells - advice please

Also do i need to send it recorded delivery as I want to ensure that they will not turn round and say I have not sent it off?

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Katie

Thank you! This is so stressful I don't know what I would have done if I hadn't found this site!

[Kati]

Re: Received a court claim from Lowells - advice please

Also do i need to send it recorded delivery as I want to ensure that they will not turn round and say I have not sent it off?

we usually suggest 1st class signed for (cheaper than recorded ) ... and keep a copy of the letter for your records xx

[georgiab]

Re: Received a court claim from Lowells - advice please

Thank you! I Shall get it posted now and keep you updated!

Thank you again
xx

[georgiab]

Re: Received a court claim from Lowells - advice please

I posted the CPR request Letter to Cohen Crammer and it has been signed for. DO we now just wait and see if and what documents they send back?

Thanks all
x

[georgiab]

Re: Received a court claim from Lowells - advice please

I have today had a response from Cohen Crammer saying the following:

Thank you for your letter requesting documents.
We have notified our client, Lowell Portfolio of your request.
Please note our client has given us a minimum period of time of 45 days, from the date of your request, to send the documents you require.
in the meantime we have put your account on hold.
Upon delivery of your documents you will have a furthur 14 days to prepare a defence.

So where do I go from here??

Thank you
G
xx

[Kati]

Re: Received a court claim from Lowells - advice please

I have today had a response from Cohen Crammer saying the following:

Thank you for your letter requesting documents.
We have notified our client, Lowell Portfolio of your request.
Please note our client has given us a minimum period of time of 45 days, from the date of your request, to send the documents you require.
in the meantime we have put your account on hold.
Upon delivery of your documents you will have a furthur 14 days to prepare a defence.

So where do I go from here??

Thank you
G
xx

Typical response unfortunately it doesn't mean much :sorry:

Keep an eye on the date ... you NEED to make sure your defence goes in by the courts timescales (October 12th) or they could get a default judgement. [MENTION=6]Amethyst[/MENTION], is there much reason for a response to this latest letter??

[georgiab]

Re: Received a court claim from Lowells - advice please

Kati

Ok thanks for the reply.

Can you please help me with what to put in as my defence if possible?

I haven't heard of Sigma Red who are the supposed original debtors.

Thank you
G x

[Kati]

Re: Received a court claim from Lowells - advice please

Kati

Ok thanks for the reply.

Can you please help me with what to put in as my defence if possible?

I haven't heard of Sigma Red who are the supposed original debtors.

Thank you
G x

There's an example Defence template here - http://legalbeagles.info/forums/show...t-Court-Claims xx

Sigma Red are a Debt Collection Agency ... funny that they are meant to be the original creditor :noidea:

[georgiab]

Re: Received a court claim from Lowells - advice please

That is what I really do not get!?!

The default date is 10/01/2011 so would become statute barred on 10/01/2017. If I knew who the original debt was meant to be with then it would help. Also I wonder if this could be a statute barred debt as there is nothing on my credit report apart from this who is with Lowells that was registered in January of this year??


G
x

- - - Updated - - -

Thanks for the defence template!

That should also really help!

xx

[charitynjw]

Re: Received a court claim from Lowells - advice please

Is the debt Statute Barred? NO - STATUTE BARRED FROM 10/01/2017

(From post #1

Can you expand on this?

[georgiab]

Re: Received a court claim from Lowells - advice please

As the default has only recently just appeared on my credit report I didn't know if it was the correct default date.
At least I know it is not deffo statute barred as need to start this defence!

Thank you
x