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Hi!
I've read a few of the forums and I'm a first time poster so hope I've got this in the right place.
I received a claim today;
Issue Date: 28/09/2016
Amount approx: 321.81
Claimant: Lowell Portfolio I LTD
Solicitor:Lowell Solicitors Limited
Original Creditor: Ikano Financial Services Limited
Particulars of Claim:
1) The Defendant entered into a Consumer Credit Act 1974 regulated agreement with Ikano Financial Services Limited under account reference ### ('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 30/08/2012 and notice given to the Defendant.
4) Despite repeated requests for payment, the sum of £225.53 remains due and outstanding.
And the Claimant claims
a) The said sum of £228.53
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 £0.050, but limited to one year, being £18.28
c) Costs
Is the debt Statute Barred? Yes
List any letters you have sent: Prove it letter
Any Other Info: The Claimant responded to Prove It letter with a scanned credit agreement on 05/07/16 which included a spreadsheet showing account activity with last payment on 20/08/2010. The Claimant sent a screenshot of a system saying a default notice had been issued on 11/11/10 (this letter was dated 10/09/2016).
I just wanted to get some advice on this as I have acknowledged the claim online this morning.
I intend to defend the claim in full on the grounds that this is statute barred.
I had actually sent them a letter advising this is statute barred on the same morning I received the claim.
I'm just a little stuck on how to draft my response. This is what I have drafted so far;
The alleged debt was brought to my attention this year and was immediately challenged. There has been no payment or acknowledgement to the alleged debt within six years.
The alleged debt is statute barred.
Also on a side note; I checked the FCA registry and found that Lowell Portfolio is using interim permissions to practice whilst Lowell Solicitors have lapsed. Should I include anything about this in the response?
Thanks for any help!
I've read a few of the forums and I'm a first time poster so hope I've got this in the right place.
I received a claim today;
Issue Date: 28/09/2016
Amount approx: 321.81
Claimant: Lowell Portfolio I LTD
Solicitor:Lowell Solicitors Limited
Original Creditor: Ikano Financial Services Limited
Particulars of Claim:
1) The Defendant entered into a Consumer Credit Act 1974 regulated agreement with Ikano Financial Services Limited under account reference ### ('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 30/08/2012 and notice given to the Defendant.
4) Despite repeated requests for payment, the sum of £225.53 remains due and outstanding.
And the Claimant claims
a) The said sum of £228.53
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 £0.050, but limited to one year, being £18.28
c) Costs
Is the debt Statute Barred? Yes
List any letters you have sent: Prove it letter
Any Other Info: The Claimant responded to Prove It letter with a scanned credit agreement on 05/07/16 which included a spreadsheet showing account activity with last payment on 20/08/2010. The Claimant sent a screenshot of a system saying a default notice had been issued on 11/11/10 (this letter was dated 10/09/2016).
I just wanted to get some advice on this as I have acknowledged the claim online this morning.
I intend to defend the claim in full on the grounds that this is statute barred.
I had actually sent them a letter advising this is statute barred on the same morning I received the claim.
I'm just a little stuck on how to draft my response. This is what I have drafted so far;
The alleged debt was brought to my attention this year and was immediately challenged. There has been no payment or acknowledgement to the alleged debt within six years.
The alleged debt is statute barred.
Also on a side note; I checked the FCA registry and found that Lowell Portfolio is using interim permissions to practice whilst Lowell Solicitors have lapsed. Should I include anything about this in the response?
Thanks for any help!
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