PIXELMANIA COURT CLAIM THREAD

[pixelmania]

Hi All.

New to the forum and was hoping someone can help me. I have looked at the thread "Received a court claim?" and can see the options that I have however there are a few things I don't understand.

Claimant -Lowell Solicitors
Amount - £331


1) I have wrote to Lowell nearly 3 years ago when they phoned me to deal with any correspondence via post and I never received any letters bar the normal debt letters regarding what the dent is for.

2) I want to dispute the case fully based on the fact I have had no letters based in writing, nor do I understand what the debt is for I presume Lowell but the debt

3) I feel quite scared as this is a County Court - Now I have scene that don't pay we will take it away, and they deal with claims from the county court. The only thing I understand is this letter states consumer credit? -

Do I have grounds to fight this based on the above and how should I continue.

Thanks to everyone who can help.

[charitynjw]

Re: Recived a Claim Form from Lowell Solicitors -

Hi pixelmania & welcome to LB

Could you confirm that you have received a court claim N1?
If so, via MCOL, & when was the issue date?
& have you acknowledged it via court?

What is the alleged debt for? (Credit card, loan, mobile phone etc.)

[pixelmania]

Re: Recived a Claim Form from Lowell Solicitors -

Hi CharityNJW

At the bottom of the Form it does State it is a N1 Form and date of issue was the 10th January

I have not yet acknowledged it via the court.

As I have not yet understood what Lowell are seeking for, I remember the phone call but I was unwilling to speak over the phone, I wanted anything to be in pen and paper. if I could guess I think it was a bank that I closed but there may have been a direct debit fee not paid and its gone from there. I estimate the debt is nearly 3 years.

Can this type of debt be enforced like the don't pay we will take it away, or is this simply consumer credit.

Many thanks for the help

[charitynjw]

Re: Recived a Claim Form from Lowell Solicitors -

Hi CharityNJW

At the bottom of the Form it does State it is a N1 Form and date of issue was the 10th January
Does it have a court seal & official court claim number?

I have not yet acknowledged it via the court.

As I have not yet understood what Lowell are seeking for, I remember the phone call but I was unwilling to speak over the phone, I wanted anything to be in pen and paper. if I could guess I think it was a bank that I closed but there may have been a direct debit fee not paid and its gone from there. I estimate the debt is nearly 3 years.

Can this type of debt be enforced like the don't pay we will take it away, or is this simply consumer credit.
If it is a money claim for, for instance, bank account, o/d, credit card, mobile phone, it would have to be enforced via court.
However it can still be entered with a Credit Reference Agency

Many thanks for the help

####

[pixelmania]

Re: Recived a Claim Form from Lowell Solicitors -

Hi it does have an official claim number which is 8 charectors long and does have a court stamp.

How am I best to go about this, as I have no letters and simply woke up with court claim. Should I seek that I was not written to as requested?

What does enforced by the court mean. Say for example it was a phone bill and the bill was £1000 can the court allow agents to come take your goods or do you get a CCJ ?

sorry I am new to all this and Learning.

[charitynjw]

Re: Recived a Claim Form from Lowell Solicitors -

Hi pixelmania

Firstly, acknowledge the claim asap.
For the time being, defend in full.
If you live in England/Wales, do not contest jurisdiction.
Do not put anything in the 'defence' box......that can come later.

This will give you some breathing space to find out further info & assess your legal position.
(33 days from the N1 issue date, which is when your defence will be due).

[charitynjw]

Re: Recived a Claim Form from Lowell Solicitors -

What does enforced by the court mean. Say for example it was a phone bill and the bill was £1000 can the court allow agents to come take your goods or do you get a CCJ ?

It means that there has to be a court hearing or judgment which goes against you.
There's usually a long way to go (timewise) before this happens.

[pixelmania]

Re: Recived a Claim Form from Lowell Solicitors -

Thank you for you help.

What do you recon I should do then next steps with the information that I have provided.

Again big thank you

[charitynjw]

Re: Recived a Claim Form from Lowell Solicitors -

Thank you for you help.

What do you recon I should do then next steps with the information that I have provided.
Could you post up the Particulars of Claim? (Personal data removed, inc any reference no.s)

Again big thank you

####

[pixelmania]

Re: Recived a Claim Form from Lowell Solicitors -

I'll do that as soon as I get home from work tonight

Thanks for your help again it will be about 9pm

[pixelmania]

Re: Recived a Claim Form from Lowell Solicitors -

Sorry for the delay in replying

This is what I was sent, I can see it was for a credit card I had with Vanquis bank years ago.

image hosting

[charitynjw]

Re: Recived a Claim Form from Lowell Solicitors -

Ok

Firstly, send a CPR 31.14 request to the solicitors. (Example top of thread).
Ask for the Notice of Assignment, the Default Notice & a true copy of the agreement inc the T&C's.
There's no fee to pay.
Keep a copy of the request & get proof of posting.

[charitynjw]

Re: Recived a Claim Form from Lowell Solicitors -

Before going further, can you recall how old the agreement is?
Also, when did you last pay into the account or acknowledge it in writing?

(This won't affect the CPR request above......send that anyway, but there will probably be other letters to send, depending on your answers to these questions.)

[pixelmania]

Re: Recived a Claim Form from Lowell Solicitors -

Well I had the card with Vanquest in 2012. I remember getting a call in 2013 from Lowell and learning that not to speak with them is best, so I clearly remember them trying to get me to confirm my name. I asked for anything they have to be sent in writing to me. The only thing I got was the generic debt letter, but It did not discuss or disclose anything about they had the debt. But they never sent anything in letter form that was written personally to me rather than phone conversation.

I heard nothing until this week when I got the letter.
I last paid into the account (Capital one) in 2012

I will send this letter of Tuesday as that's my chance to get it posted or do I need to do it asap as I am in work all week.

again thanks for the help

[charitynjw]

Re: Recived a Claim Form from Lowell Solicitors -

Ok

SAR the original creditor (Cap1?) for all data, which is for your info re details of the account, & so that you can compare with anything that the Claimant/solicitors might send to you.
http://www.legalbeagles.info/forums/...ur-information

Also send a CCA request (top of this thread).
In your case, as the PoC fails to mention exactly what the alleged debt is for, quote ss77-79 CCA 1974 (tweak the example accordingly)
Send to Claimant, with the £1 fee. (We usually suggest a postal order made payable to the Claimant, endorsed 'For statutory purposes only' & the reference number(s) used by the Claimant).
Put a note on the CPR request "CCA 1974 ss77-79 request sent to your client (Lowell Portfolio?) on (date). Copy enclosed." (Obviously, attach the copy)

Keep copies of all & get proof of posting.