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Lowell are debt purchasers.
Past debt is not consideration.
Your defence is as good as any defence to these types of claim imo.
If they have issued the claim and you have a claim number, then, you should bolster your defence by sending the court and Lowell a CPR 7 Notice and a Request for information under CPR 18
A CPR 7 Notice is simple, on A4 paper, and can be as simple as this:
In the XYZ Court Claim No: ABCD1276
BETWEEN
LOWELL BLAH DE BLAH
CLAIMANT
-AND-
YOUR NAME HERE
DEFENDANT
NOTICE PURSUANT TO
CPR 7, PD 7B, PARAGRAPH 10
DEFENDANT
1 i HEREBY GIVE NOTICE of my intent that these proceedings follow the Consumer Credit Act Procedure.
2 THIS NOTICE is hereby duly served on the Claimant and all and any parties concerned with these proceedings.
The Defendant attaches a Request for further information hereto, where a response is required within 14 days of this notice.
Dated this: [insert date]
sign it here
[print name here]
input your address here
THE CPR 18 REQUEST WILL ALSO BE ON A4 PAPER and will include content shown below
In the XYZ Court Claim No: ABCD1276
BETWEEN
LOWELL BLAH DE BLAH
CLAIMANT
-AND-
YOUR NAME HERE
DEFENDANT
REQUEST FOR FURTHER INFORMATION
PURSUANT TO CPR 18
DEFENDANT
1 In requesting this information I refer you to your particulars of claim dated XYZ
Requests
2. Please forward a copy of the original agreement under account number xyz ("the Agreement"), the pre-requisite fee of £1.00 is enclosed pursuant to s.78(1) of the CCA 1974;
3 Please forward a copy of the Default Notice mentioned in your particulars of claim at paragraph ABD therein and evidence in support;
4 Please forward a copy of a modified agreement that relates to account number XYZ dated on or before ABD
5 Please forward a copy of the deed of assignment referred to therein dated CDE
6 Please forward a copy of the Notice of assignment referred to in your particulars of claim
7 Please forward a copy of the Default notice relating to the modified agreement
8 Please explain where the sum of £FGH came from and how you obtained my personal data and confirm whether you have entered a default on y credit file
If you are unable to provide any of the information requested above, please provide a full explanation as to your reasons.
The Defendant requires a response to these Requests by no later than 4pm on XYX ['XYZ needs to show a date 14 days hence]
Dated this [enter a date 14 days prior to the date above and shown in the CPR 7 Notice]
sign it here
Print your name here
enter your full address including your post code
Your request for information must always relate to the claim they are making, which is shown in the 'particulars of claim', do not be tempted to ask irrelevant questions.
Once done and complete, you send a copy to the claimant and a copy to the court and keep a copy for your own records, along with a copy of the letter they sent you dated March 2018 and as and when they send you any other letters, whatsoever they are, keep a copy for your record and MAKE SURE to send a copy to the court WITHOUT FAIL.
Past debt is not consideration.
Your defence is as good as any defence to these types of claim imo.
If they have issued the claim and you have a claim number, then, you should bolster your defence by sending the court and Lowell a CPR 7 Notice and a Request for information under CPR 18
A CPR 7 Notice is simple, on A4 paper, and can be as simple as this:
In the XYZ Court Claim No: ABCD1276
BETWEEN
LOWELL BLAH DE BLAH
CLAIMANT
-AND-
YOUR NAME HERE
DEFENDANT
NOTICE PURSUANT TO
CPR 7, PD 7B, PARAGRAPH 10
DEFENDANT
1 i HEREBY GIVE NOTICE of my intent that these proceedings follow the Consumer Credit Act Procedure.
2 THIS NOTICE is hereby duly served on the Claimant and all and any parties concerned with these proceedings.
The Defendant attaches a Request for further information hereto, where a response is required within 14 days of this notice.
Dated this: [insert date]
sign it here
[print name here]
input your address here
THE CPR 18 REQUEST WILL ALSO BE ON A4 PAPER and will include content shown below
In the XYZ Court Claim No: ABCD1276
BETWEEN
LOWELL BLAH DE BLAH
CLAIMANT
-AND-
YOUR NAME HERE
DEFENDANT
REQUEST FOR FURTHER INFORMATION
PURSUANT TO CPR 18
DEFENDANT
1 In requesting this information I refer you to your particulars of claim dated XYZ
Requests
2. Please forward a copy of the original agreement under account number xyz ("the Agreement"), the pre-requisite fee of £1.00 is enclosed pursuant to s.78(1) of the CCA 1974;
3 Please forward a copy of the Default Notice mentioned in your particulars of claim at paragraph ABD therein and evidence in support;
4 Please forward a copy of a modified agreement that relates to account number XYZ dated on or before ABD
5 Please forward a copy of the deed of assignment referred to therein dated CDE
6 Please forward a copy of the Notice of assignment referred to in your particulars of claim
7 Please forward a copy of the Default notice relating to the modified agreement
8 Please explain where the sum of £FGH came from and how you obtained my personal data and confirm whether you have entered a default on y credit file
If you are unable to provide any of the information requested above, please provide a full explanation as to your reasons.
The Defendant requires a response to these Requests by no later than 4pm on XYX ['XYZ needs to show a date 14 days hence]
Dated this [enter a date 14 days prior to the date above and shown in the CPR 7 Notice]
sign it here
Print your name here
enter your full address including your post code
Your request for information must always relate to the claim they are making, which is shown in the 'particulars of claim', do not be tempted to ask irrelevant questions.
Once done and complete, you send a copy to the claimant and a copy to the court and keep a copy for your own records, along with a copy of the letter they sent you dated March 2018 and as and when they send you any other letters, whatsoever they are, keep a copy for your record and MAKE SURE to send a copy to the court WITHOUT FAIL.
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