CCJ Claim Form from Lowell

[jackd1991]

Hi all, this is my first post here, had a bit of a panic this morning with this debt claim form. After reading this forum I'm not entirely sure what to do, I was going to call up and insist on a payment plan but hoping to get some help on here before it gets to that as repayments would be difficult due to my current situation.

Issue Date: 04/10/2016
Amount approx: total amount = 572.55
Claimant: Lowell portfolio
Solicitor: BW LEGAL
Original Creditor: Shop Direct finance
Particulars of Claim:


The Claimant's Claim is or the sum of £450.95 being monies due from the defendant to the claimant under a Home Shopping agreement regulated by the consumer credit act 1974 between the Defendant and Shop Direct Finance Company Limited under account reference XXXXXXX and assigned to the claimant on 24/01/2011 notice of which has been given to the defendant.
The defendant failed to maintain the contractual parent under the terms of the agreement and a default notice has been served and not complied with.
The claim also include statutory interest pursuant to section 69 of the country courts Act 1984 at a rate of 8.00% per annum (a daily rate of £0.10 from the date of assignment of the agreement to 24/01/2012 being an amount of 36.60.




So thats that, now I respond to claim saying I will defend and send a CCA request to claimant and then a CPR to claimants solicitor correct?

I cannot remember the last time I made a payment to shop direct, however noddle states account opened 26/05/2010 and default being 24/01/2011 so presumably sometime then? I have not acknowledge the debt in writing, ever.



Thanks in advance for any help

jack

[charitynjw]

Re: CCJ Claim Form from Lowell

Hi jackd1991 & welcome to LB.

Acknowledge - defend all.
CCA request + £1 fee to Claimant.
CPR request to solicitor (no fee)
Keep copies & get proof of posting.

I cannot remember the last time I made a payment to shop direct, however noddle states account opened 26/05/2010 and default being 24/01/2011

The 'default' date on Noddle is somewhat arbitrary.
Can you recall when you last paid into the account, or better yet, do you have access to historic records (ie bank/credit card accounts?
Have you acknowledged this account in the last 6 years or so?

[nemesis45]

Re: CCJ Claim Form from Lowell

Hello Jack,

Charitynjw has set out what you need to so straight away it would help if we had more details please.

This debt was assigned to the claimant in 2011 do you know when the last payment was made on the account?

When was the account defaulted?

In may help to check your credit reference files to see if the debt shows and the default date showing can be a useful indicator as to the possible status of the debt.

nem

[jackd1991]

Re: CCJ Claim Form from Lowell

is there another website thats better for checking my credit reference files other than noddle?



Thanks for the responses guys

[MIKE770]

Re: CCJ Claim Form from Lowell

clearscore for free

[nemesis45]

Re: CCJ Claim Form from Lowell

is there another website thats better for checking my credit reference files other than noddle?



Thanks for the responses guys

Hi

Both Equifax and Experian have 30 day free trials just remember to cancel when you have the data you want or you will get stuck with a subscription.

nem

[jackd1991]

Re: CCJ Claim Form from Lowell

So clearscore states account opened 26?05/2010 and last update 03/03/2011

my bank statements show nothing between those dates, so unless i paid on a credit card i had at the time, I've not acknowledged or made a payment at all...

[charitynjw]

Re: CCJ Claim Form from Lowell

So clearscore states account opened 26?05/2010 and last update 03/03/2011

my bank statements show nothing between those dates, so unless i paid on a credit card i had at the time, I've not acknowledged or made a payment at all...

It is very important to find the dates, method (inc any reference/account no.s) & amounts of alleged payments.
& also who made them.
If you do not have historic credit card data, you could SAR the cc company.
http://www.legalbeagles.info/forums/...ur-information

[jackd1991]

Re: CCJ Claim Form from Lowell

When writing out y CPR request, am I right to ask for 1. agreement and 2. default notice

is there anything else i should include after reading the particulars of claim?

[charitynjw]

Re: CCJ Claim Form from Lowell

You can also ask for the Notice of Assignment.