Lowell Portfolio LTD vs Poweller7

[poweller7]

Hi all,


Brilliant information on the site and really well set out. I have Acknowledged the Court Paperwork online.

Received a claim: 21/06/2017
Issue Date: 16/06/2017
Amount approx: £947
Claimant: Lowell Portfolio LTD
Solicitor: Lowell Solictors LTD
Original Creditor: JD Williams
Particulars of Claim:
1) The Defendant entered into a Consumer Credit Act 1974 regulated agreement with JD Williams under credit account reference ******** ('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 20/12/2012 and notice was given to the Defendant.
4)Despite repeated requests for payment, the sum of £756.43 remains due and outstanding.
And the claimant claims
a)The said sum of £756.43
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 accuring at a daily rate of £0.166, but limited to one year being £60.51
c)Costs
Is the debt Statute Barred? Not sure
List any letters you have sent:
CCA Request - 26/06
CPR Request - 26/06
Any Other Info:

Thanks

[poweller7]

Re: Lowell Portfolio LTD vs Poweller7

Hi All,

Please find attached a copy of the letter received from the solicitor. Could anyone advise me on my next action for the defence.

Thanks

Sean Powell

[MIKE770]

Re: Lowell Portfolio LTD vs Poweller7

no account has been placed on hold & Lowells gits know it once a case is in the court system then the clock ticks and only a court could put a case on hold, your defence submit the day before due if not heard from lowells which is unlikely then you state request for documents etc etc has not been received etc look at other cases and get the ideaDefence Example

- - - Updated - - -

not much info from you:- CCA1974 sent date:-

CPR31.14 sent? requestin all the documents listed on the court form only???

last payment date by you, default time, taken out, how? much info you can give

[poweller7]

Re: Lowell Portfolio LTD vs Poweller7

CCA was sent on 26/06 the same time as the CPR.

I requested the following in the CPR -
1.Agreement / Contract
2. Default Notice
3. Assignment

The last payment must have been over 6 years ago maybe even longer. I have no exact dates however but it was prior to 2011.

[warwick65]

Re: Lowell Portfolio LTD vs Poweller7

Have you sent a SAR to JDW

I ask because it can provide info such as dates default notices sent and maybe dates sold which may not necessarily match up with what Lowell are claiming

[MIKE770]

Re: Lowell Portfolio LTD vs Poweller7

SAR (Subject access request)


proof of last payment/acknowledgement needed, ring JDW and ask for the last payment date to the account, no mention reasons why if they refuse , contact ICO for advice on line/ telephone

[poweller7]

Re: Lowell Portfolio LTD vs Poweller7

I haven't sent a SAR but I have a CCA to Lowell.

Due to my defence needing to be submitted within the next 10 days is it worth requesting the SAR to JDW due to not receiving the information prior to the defence?

Thanks

[MIKE770]

Re: Lowell Portfolio LTD vs Poweller7

yes yes yes it may hold the info needed, but stay on here for advice on the defence at the time, any more SAR delay may be out of time but more probably not,,,mv ring JDW for last payment

send £10 with SAR Request

[warwick65]

Re: Lowell Portfolio LTD vs Poweller7

Hi
As Mike says , follow the time line for getting your defence in- that is very important

At some point down the line there may be witness statements needed and just pretend the claimant writes in their witness statement a default notice was sent on xxxxxx and the account was assigned on yyyyyy . Then you might be able to use your SAR to say, but the OC says it was defaulted on aaaaaa and sold on bbbbbb - are these really the same account and if so, well one of them must be wrong.

Who might you decide was wrong, the OC with all the data they hold or a debt purchaser