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Lowell Portfolio v pecpec

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  • Lowell Portfolio v pecpec

    Received claim on 16/02/2017
    Issue date: 14/02/2017
    Approx amount: £290
    Claimant: LOWELL PORTFOLIO I LTD
    Solicitor: Cohen Cramer

    Particulars of Claim:

    "The claim is for the sum of £199 due by the Defendant under an agreement regulated by the Consumer Credit Act 1974 for a Provident Personal Credit Limited account with an account reference #########. The Defendant failed to maintain contractual payments required by the agreement and a Default Notice was served under s.87(1) of the Consumer Credit Act 1974 which has not been complied with. The debt was legally assigned to the claimant on 26/Jun/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 £15.92. The Claimant claims the sum of £214.92."

    I'm not certain that the claim is statute barred. Repayments were made in cash, and the last payment was a few months before the date of default, which is July 2011. Borderline.

    Acknowledged claim on MCOL - 16/02/2017

    Letters sent:
    1. CCA request to Claimant plus £1 uncrossed postal order (18/02/2017)
    2. CPR request to Claimant's Solicitors + copy of CCA plus £1 uncrossed postal order (18/02/2017)

    Letters received:
    27/02/2017 - Response from Solicitor
    "We have received your letter in which you make a request for documents and have notified our client Lowell Portfolio I Ltd of this request. Documents in support of our client's claim will be disclosed on or before disclosure as directed by the Court. In the meantime, please file your response to the Claim Form in accordance with the Court timetable. If you require further time to prepare your response, please let us know as we may be able to agree a short extension to the Court time table."
    Tags: None

  • #2
    Re: Lowell Portfolio v pecpec

    Could really do with some help at this stage.

    The Claimants Solicitor has now denied the CPR request twice, the MCOL defence due date is rapidly approaching and I'm unsure about the best way forward from here.

    Anybody?

    Comment

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    SHORTCUTS


    First Steps
    Check dates
    Income/Expenditure
    Acknowledge Claim
    CCA Request
    CPR 31.14 Request
    Subject Access Request Letter
    Example Defence
    Set Aside Application
    Directions Questionnaire



    If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





    NOTE: If you receive a court claim note these dates in your calendar ...
    Acknowledge Claim - within 14 days from Service

    Defend Claim - within 28 days from Service (IF you acknowledged in time)

    If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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