Lowell Solicitors LTD vs needsupportl

[needsupportl]

Received a claim? - Yes
Issue Date: 21st March 2017
Amount approx: £272.88
Claimant: Lowell Portfolio I Ltd
Solicitor: Lowell Solicitors Ltd
Original Creditor: JD Williams
Particulars of Claim:
1) The defendant entered in to a Consumer Credit Act 1974 regulated agreement with JD Williams under account reference ***** ('the Agreement')
2) The Defendant failed to maintain the required payments and a default notice was served and not compiled with.
3) The agreement was later assigned to the claimant on 06/03/2015 and notice given to the defendant.
4) Despite repeated requests for payment, the sum of £183.22 remains due and outstanding.
And the claimant claims:
a) the said sum of £183.22
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 £0.040, but limited to one year, being £14.66
c) costs


Is the debt Statute Barred? - No idea....
List any letters you have sent: CCA and CPR 31.14

Any Other Info:

So this is the first time this has ever happened to me and I am absolutely petrified.
1) the claim is actually in my nickname, not in my full legal name. I never EVER sign up for anything using my nickname, so I have no idea where this has come from.
2) I already have my own JD Williams account in my full name that is fully paid and up to date, that I use every month and pay back every month. It has never been in default and has always been paid.
3) I have no idea where this debt has come from, how it was accrued or why I have now received this out of the blue. I also have no idea where they got my nickname from.

Help! What do I do? I'm panicking so much, I've never been in trouble with money before so this is just freaking me out.

I've put in my intent to defend on MCOL and I have sent out the two letters today.

I would be SO GRATEFUL for any help on this, I am a complete novice at this and I have little to no understanding. The forum has been a great help in getting me this far, so I hope someone in LB land can help me! x

[Amethyst]

Re: Lowell Solicitors LTD vs needsupportl

Morning

Don't Panic - it might be worth giving JD williams a call and asking them about this account reference and see what they can tell you. The only reason I can think of for your nickname is sometimes these companies ask what you'd like to be called ? I don't know if JD Williams ever do that, but could be one way of explaining it, otherwise it could be a case of ID fraud, either way you need to investigate - I think asking JD williams would be the obvious first stop. give them a call and see what you can find out and let us know.

Also, have a check on your credit file - a service like Noddle is instant - see if this shows up on there at all.

With the court claim you've done right by acknowledging with intent to defend and sending the CPR and CCA letters out You will have 28 days from receipt of the claim to figure out whats gone on and get a defence sorted

Sharon
xx

[needsupportl]

Re: Lowell Solicitors LTD vs needsupportl

Morning [MENTION=6]Amethyst[/MENTION]!

Thank you for responding - I think contacting JD Williams is a great idea. I wasn't sure if I could because it's reached this stage, but it's worth a shot.

Just checked my credit report (forgot I had both Noddle and Clearscore - tut) and I can see one thing for Lowell that was apparently opened 6th April 2013 (it appears under "Closed" on my Clearscore, but open on my Noddle?). My current JD Williams account was opened on 30th September 2015 and has a different account number and is showing quite rightly as up to date.

Side note - this forum has really helped me feel more prepared, even if this is only my first interaction. Thank heavens for this!

x

[warwick65]

Re: Lowell Solicitors LTD vs needsupportl

Just remember that it is likely Lowell Solicitors will respond saying they have requested the documents and until they are supplied the account is on hold, do not believe them and make sure your your defence is put in on time.

If JDW can't shed any ;ight it might be worth sending a SAR to them to get everything they hold on you

[needsupportl]

Re: Lowell Solicitors LTD vs needsupportl

Hello [MENTION=98117]warwick65[/MENTION],

Thank you for your reply!

Yes, I've read a lot about Lowell saying things are "on hold" when they really are not - don't worry, I will make sure everything is in defense wise on the right date. See, already learning things!

Is a SAR a request I have to pay for? I'll go and have a read on the forum about it now.

x

[charitynjw]

Re: Lowell Solicitors LTD vs needsupportl

http://www.legalbeagles.info/forums/...quest-template

[warwick65]

Re: Lowell Solicitors LTD vs needsupportl

Yes unfortunately a SAR (Subject Access Request) does cost £10 but it might be £10 well spent if it sorts this out

[needsupportl]

Re: Lowell Solicitors LTD vs needsupportl

[MENTION=5553]charitynjw[/MENTION] [MENTION=98117]warwick65[/MENTION] - thank you, I thought it was! Okay, I'll try calling JD Williams and ask the question but in the meantime, I'll get that letter drafted up and sent out too.

x

[needsupportl]

Re: Lowell Solicitors LTD vs needsupportl

Hello all, long time no chat! A quick catch up - I sent off the normal letters and received only one letter back from Lowell Solicitors telling me things were on "hold". I've not received anything else so far, so I've put my defence together ready to pop on MCOL. I'm not due to put it in until 23rd April, but can I put it in sooner? Also, is anyone able to have a read through of what I've put together so I don't sound like an idiot? Thank you!

[MIKE770]

Re: Lowell Solicitors LTD vs needsupportl

put it in the day before due that way lowells have no time to dis credit it with their defence


Lowells and the like say on hold = they have no say in the matter only the court, they hope to dupe people into think on hold - then get a default judgment as court procedures have been ignored by peeps must happen a lot, and the so called law society/regulators do nothing,

[needsupportl]

Re: Lowell Solicitors LTD vs needsupportl

Hello all,

Even longer time no speak!

So I finally received the documentation from Lowells which I received today - well after the date of my defence statement and WELL after the dates given to them on the letters I sent out. The agreements are unsigned, they say on the cover letter they sent a default letter to my parents address (never received there) yet the copy of the default notice they sent was addressed to a very old address of mine from years ago which was apparently dated April 2015. I had left this address way before this date! They also sent a statement of account for clothes (side note: that aren't in my clothing size!) that were apparently sent in 2013, but the address to which they were sent is nowhere to be found.

Also it appears this account is on my credit record, after being attached to my parents address by Lowells in 2015.

I also received a copy of the documents from Lowells that they sent to the court asking for mediation. I'm happy to go to mediation because I can prove that I have a different account, under my full name, that I pay regularly and is in good standing. I haven't had any documents from the court yet, though.

What should my next steps be?

Thank you so much for your help so far! x

[warwick65]

Re: Lowell Solicitors LTD vs needsupportl

Hi

Just a thought, the address used for the default notice , did you share it? I am just wondering if you could have been the victim of fraud. Another point, does it say when the account was opened?

I know from experience that JDW, when reconstructing an agreement just tend to use the current address they have on file, at least that is what they did with my ex - or more pointedly to me after she died and i asked for proof of debt

[charitynjw]

Re: Lowell Solicitors LTD vs needsupportl

Has JDW responded to the SAR?