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Received a claim from Lowells dated 15 September 2016.
I have followed all the advice about the CCA and CPR letters and these have been received and acknowledged.
Amount approx: £1641.74
Claimant: Lowell Portfolio Ltd
Solicitor: Lowell Solicitors
Original Creditor: JD Williams
Particulars of Claim: Please type out in full excluding names/account numbers
The claim is for the sum of £1641.74 due by the defendant under a non-regulated JD Williams account with the reference ********
The Defendant failed to maintain a contractual payments required under the terms of the account agreement, The debt was legally assigned to the claimant on 20/Dec/2012, notice of whch 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 to the sum of £131.34.
The claimant claims the sum of £1773.08
Is the debt Statute Barred? Unsure, on paperwork received yesterday the last item on one of their exhibits is 23/10/2010.
List any letters you have sent: CCA and CPR
Any Other Info:
I received a letter yesterday from S.Kamkar (Legal Asistant) including a witness statement for a hearing on 2nd February 2017.
Background:
The claim relates to an agreement dated 10 August 2009 between the defendant and JD Williams..... A copy of the agreement can be found attached "SK1" The defendants account was in default as of 30 November 2010 and a default note was sent to the defendant.
Copy of credit agreement SK1 - my signature is not shown and the address has been hand written but not in my hand writing.
SK2 - Copy of Transactions, with last transaction showing as 22/10/2010.
SK3 - Notice of Assignment
SK4 - Copies of letters purporting to show an attempt at settlement.
SK5 - A copy of a letter sent dates 4th October 2016 (never received) asking for proof of a medical condition that was disclosed (I am epileptic and got myself into an awful lot of fnancial difficulty following diagnosis after a car crash)
The final paragraph of the letter states that the claimants position is such that it has provided the defendant with sufficient evidence of the Agreement and the debt and he has the use and benefit if the account. For the reasons stated, the claimant submits that it is entitled to recover the sum claimed and the defendant is liable to pay the same.
It then goes on to state
As no Defence disclosing any merit whatsoever has been produced by the defendant, the claimant respectfully invites the court to strike out the defence and award judgement in favour of the claimant.
I'm really worried as to what my options are now. I can provide proof of my medical condition, unfortunately Epilepsy doesn't just disappear and would have sent proof if as claimed they had sent the letter.
Any advice/help would be gratefully appreciated.
Received a claim from Lowells dated 15 September 2016.
I have followed all the advice about the CCA and CPR letters and these have been received and acknowledged.
Amount approx: £1641.74
Claimant: Lowell Portfolio Ltd
Solicitor: Lowell Solicitors
Original Creditor: JD Williams
Particulars of Claim: Please type out in full excluding names/account numbers
The claim is for the sum of £1641.74 due by the defendant under a non-regulated JD Williams account with the reference ********
The Defendant failed to maintain a contractual payments required under the terms of the account agreement, The debt was legally assigned to the claimant on 20/Dec/2012, notice of whch 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 to the sum of £131.34.
The claimant claims the sum of £1773.08
Is the debt Statute Barred? Unsure, on paperwork received yesterday the last item on one of their exhibits is 23/10/2010.
List any letters you have sent: CCA and CPR
Any Other Info:
I received a letter yesterday from S.Kamkar (Legal Asistant) including a witness statement for a hearing on 2nd February 2017.
Background:
The claim relates to an agreement dated 10 August 2009 between the defendant and JD Williams..... A copy of the agreement can be found attached "SK1" The defendants account was in default as of 30 November 2010 and a default note was sent to the defendant.
Copy of credit agreement SK1 - my signature is not shown and the address has been hand written but not in my hand writing.
SK2 - Copy of Transactions, with last transaction showing as 22/10/2010.
SK3 - Notice of Assignment
SK4 - Copies of letters purporting to show an attempt at settlement.
SK5 - A copy of a letter sent dates 4th October 2016 (never received) asking for proof of a medical condition that was disclosed (I am epileptic and got myself into an awful lot of fnancial difficulty following diagnosis after a car crash)
The final paragraph of the letter states that the claimants position is such that it has provided the defendant with sufficient evidence of the Agreement and the debt and he has the use and benefit if the account. For the reasons stated, the claimant submits that it is entitled to recover the sum claimed and the defendant is liable to pay the same.
It then goes on to state
As no Defence disclosing any merit whatsoever has been produced by the defendant, the claimant respectfully invites the court to strike out the defence and award judgement in favour of the claimant.
I'm really worried as to what my options are now. I can provide proof of my medical condition, unfortunately Epilepsy doesn't just disappear and would have sent proof if as claimed they had sent the letter.
Any advice/help would be gratefully appreciated.
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