County court claim from Lowell Portfolio for a Studio Gifts debt

[Leego59]

Hi I've just received a county court form from county court business centre for a debt according to my credit report I defaulted on in January 2012 the Claimant is Lowell Portfolio limited is this legit ? Or are they trying to frighten me into paying I was in financial difficulty and lost my home at the time of default I asked studio if I could make lower payments but they refused and just kept adding default charges to my account . hope you can advise me guys as im new to all this and first time on a forum
Cheers

[charitynjw]

Re: County court claim from Lowell Portfolio for a Studio Gifts debt

Hi & welcome to LB.

Firstly you'll need to acknowledge the claim.
Defend in full.
Do not contest jurisdiction.
Do not enter any dialogue at all in the 'defence' box.
http://legalbeagles.info/library/gui...y-court-claim/

[Leego59]

Re: County court claim from Lowell Portfolio for a Studio Gifts debt

[QUOTE=charitynjw;749511]Hi & welcome to LB.

Firstly you'll need to acknowledge the claim.
Defend in full.
Do not contest jurisdiction.
Do not enter any dialogue at all in the 'defence' box.
http://legalbeagles.info/library/gui...y-court-claim/[/QUOTE

Thanks for the welcome and the advice much appreciated. I've acknowledged the claim online today will the next step be to send off the letters to Lowell and their solicitors do i just put a blank postal order in ?
And how long do i have and wait?
Many thanks

[Kati]

Re: County court claim from Lowell Portfolio for a Studio Gifts debt

Thanks for the welcome and the advice much appreciated. I've acknowledged the claim online today will the next step be to send off the letters to Lowell and their solicitors do i just put a blank postal order in ?
And how long do i have and wait?
Many thanks

cca to the claimant, cpr to the solicitors (links at the top of the page) ... £1 postal order made out to the claimant for the cca xx

[Leego59]

Re: County court claim from Lowell Portfolio for a Studio Gifts debt

cca to the claimant, cpr to the solicitors (links at the top of the page) ... £1 postal order made out to the claimant for the cca xx

Thanks Kati
I'll send them off asap, do i just wait then for a reply

[Kati]

Re: County court claim from Lowell Portfolio for a Studio Gifts debt

Thanks Kati
I'll send them off asap, do i just wait then for a reply

Keep an eye on the timescales ... your defence is due 33days from the issue date on the claim form.

[charitynjw]

Re: County court claim from Lowell Portfolio for a Studio Gifts debt

It would be wise to SAR Express Gifts (they trade as Studio).
http://legalbeagles.info/library/gui...ccess-request/

• If you would like a copy of your information please write to The Data Protection Officer Express House, Clayton Business Park, Clayton-le-Moor, Accrington, Lancs BB5 5JY enclosing a cheque for £10 made payable to Express Gifts Limited.

[Leego59]

Re: County court claim from Lowell Portfolio for a Studio Gifts debt

Keep an eye on the timescales ... your defence is due 33days from the issue date on the claim form.

ok will do. I will keep you updated if thats ok cause i havent got a clue what i do next
thanks again x

[charitynjw]

Re: County court claim from Lowell Portfolio for a Studio Gifts debt

ok will do. I will keep you updated if thats ok cause i havent got a clue what i do next
thanks again x

See post #7?

[Leego59]

Re: County court claim from Lowell Portfolio for a Studio Gifts debt

It would be wise to SAR Express Gifts (they trade as Studio).
http://legalbeagles.info/library/gui...ccess-request/

will do thanks

[Leego59]

Re: County court claim from Lowell Portfolio for a Studio Gifts debt

Hi everyone
Sent off all letters should of landed on their doorsteps on Tuesday, Wednesday (11/12th) at the latest, so they've got 12 days to reply is that right, could you advise me on what my next move will be if they don't, or if they do
Many thanks

[MIKE770]

Re: County court claim from Lowell Portfolio for a Studio Gifts debt

SAR Request they have 40 days to respond


CAA request they have 12 + 2 = 14 days to respond - but if not = not enforceable until they produce but can continue collection activity though


CPR 31.14 - well they may say on small claims not necessary as many do = BUT = up to allocation it is relevant , but many will not bother at this stage.

[Leego59]

Re: County court claim from Lowell Portfolio for a Studio Gifts debt

Have received SAR As far as I can see my last payment was on the 18/07/11 and i last comunicated with them in writing on the 11/11/11 they have only sent me a sample of the default notice with no dates on it, I can upload photos if that will help. Today I received a letter from Lowell Solicitors acknowledging my letter they have put the account on hold as they have requested a copy of the original agreement and the default notice from the original creditor can you please advise what I do now
Many thanks in advance ��

[Amethyst]

Re: County court claim from Lowell Portfolio for a Studio Gifts debt

You will need to still submit your defence ( Example Defence ) by the deadline ( 28 days from service - 33 days from 31st August (date of claim ) )so end of the month should be fine

Did the SAR have any copy of an agreement in it?

18/07/11 last payment you could try statute barred - but it's very very tight and with the letter on the 11/11/11 that would likely be classed as acknowledging the debt - however it doesn't hurt to include the paragraph on statute barred in your defence - as the onus of proof is on them.

What date is the default notice ?

[Leego59]

Re: County court claim from Lowell Portfolio for a Studio Gifts debt

You will need to still submit your defence ( Example Defence ) by the deadline ( 28 days from service - 33 days from 31st August (date of claim ) )so end of the month should be fine

Did the SAR have any copy of an agreement in it?

18/07/11 last payment you could try statute barred - but it's very very tight and with the letter on the 11/11/11 that would likely be classed as acknowledging the debt - however it doesn't hurt to include the paragraph on statute barred in your defence - as the onus of proof is on them.

What date is the default notice ?

It didn't have a date I will upload pics I've took when u get back home I'm away on holiday abroad from Monday 25th till Sunday 1st do i put my defence forward now