Lowell Portfolio v GPuffin - 23 Jan 2017

[GPuffin]

Good Evening

Please can you offer some advise & help with some questions.
1st the details.
& a thank you for your help.

Issue Date: 23 Jan 2017
Amount claimed: £1,342.93
Court Fee: £70.00
Legal costs: £80.00
Total: £1,492.93
Claimant: Lowell Portfolio I Ltd
Solicitor: Lowell Solicitors
Original Creditor: Capital One (Credit Card)
Particulars of Claim:
1) The defendant entered into a Consumer Credit Act 1974 regulated agreement with Capital One under account reference xxx ('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 12/03/2015 and notice given to the Defendant.
4) Despite repeated requests for payment the sum of £1,243.45 remains due and outstanding.
And the Claimant claims
a) The said sum of £1,243.45
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 £0.272, but limited to one year, being £99.48
c) costs
Is the debt Statute Barred? No
List any letters you have sent: None

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1st question - does this mean that a CCJ is already on my credit file, or can it still be avoided?

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I haven't yet acknowledged the service. Do I have to do this? If I acknowledge does this mean I will have a CCJ? or is it already too late?
I accept the debt & will make an offer for a payment plan.
Can I deal directly with Lowell & avoid the whole court thing?

[charitynjw]

Re: Lowell Portfolio v GPuffin - 23 Jan 2017

Hi GPuffin & welcome to LB.

No you do not have a CCJ.
At this stage it is a county court claim for an alleged debt which the Claimant has to prove, in the balance of probabilities, that is owed by you.
Acknowledging the court claim does not acknowledge the debt; not doing so will put you in risk of a default judgement.
You have 19 days from the claim issue date to acknowledge, but there's no advantage in delaying.
You won't atm have a CCJ on your credit file, but you might have a default marker.
It would be wise to explore your legal position before making any offers, & in any case any arrangements for payment can be arranged via the (free) Small Claims Mediation Service.

[GPuffin]

Re: Lowell Portfolio v GPuffin - 23 Jan 2017

Thank you for your quick reply.
That is good to hear about the CCJ.
(I'm sure there is already a default on file).

I will acknowledge the service.

Honestly I don't dispute the debt. I owe it, just buried my head for too long.
So next step will be how to best go about arranging a payment plan.

Question - where do I stand with the fees & interest mentioned on the claim.
Can we reasonably get Lowell back to square one, being the original amount owed?

[charitynjw]

Re: Lowell Portfolio v GPuffin - 23 Jan 2017

Your stance (re owing the debt) is admirable, but consider this from a different perspective.

Lowell Portfolio are a debt purchaser who have bought an alleged debt for a small fraction of it's face value.
At the moment they probably have very scant details, & almost certainly have never had sight of the actual documentation involved.
Your best bet would be to put them to task to prove their claim; this will mean that they have to spend time & money.
If you do wish to negotiate, always do so from a position of strength.