County Court Claim Form-Lowell portfolio

[Anabella]

Hello,

I received a claim form early December and the claimant is Lowell portfolio. I defended the claim as advised on the forum so have the full 28 days to write my defence.
The original debt is from 2007 and was for £600ish pound, Lowell portfolio bought the debt in 2011 and gave me a default in Jan 2011. I had started preparing my defence and was under the belief that the debt was statue barred however, turns out I made a £100 payment early 2012 therefore this is debt is not statue barred. At the time when I defaulted the original creditors I was in lots of debt and at a different stage in my life and have worked hard to pay off debt and really really would be devastated to have a CCJ on my file.

Any advise would be gratefully received
Thank in advance

[nemesis45]

Re: County Court Claim Form-Lowell portfolio

Hello,

I received a claim form early December and the claimant is Lowell portfolio. I defended the claim as advised on the forum so have the full 28 days to write my defence.
The original debt is from 2007 and was for £600ish pound, Lowell portfolio bought the debt in 2011 and gave me a default in Jan 2011. I had started preparing my defence and was under the belief that the debt was statue barred however, turns out I made a £100 payment early 2012 therefore this is debt is not statue barred. At the time when I defaulted the original creditors I was in lots of debt and at a different stage in my life and have worked hard to pay off debt and really really would be devastated to have a CCJ on my file.

Any advise would be gratefully received
Thank in advance

Hi welcome.

1. What is the debt credit card/loan. current account overdraft?

2. Did you make the 2012 payment? or are you accepting Lowell's claim that such a payment was made?

3 . What is the default date?

4. The original creditor will have defaulted the account not Lowell.

5. Does the alleged debt show on your credit reference files? Noddle and Clear score are free online.

nem

[Anabella]

Re: County Court Claim Form-Lowell portfolio

Thank you very much for your reply [MENTION=55034]nemesis45[/MENTION].

1. The debt is from an old catalogue that was sold to Lowell portfolio.

2. I do not think I did make a payment in 2012, what has led me to question this is that I have found an old Equifax credit report document which states that the default amount is for £550 and in 2012 an updated amount for around a hundred pound less was entered. Interestingly, Lowell have applied to the Courts for the original amount.

3. The default date is January 2011.

4. On the old Equifax document the default is listed as Mail Order from Lowell Portfolio1 ltd and not the original catalogue creditor.

5. I have checked Clear score and the default is no longer on my credit file, I remember checking my credit file at the start of 2017 and it had been erased from credit check then.

[nemesis45]

Re: County Court Claim Form-Lowell portfolio

Thank you very much for your reply @nemesis45.

1. The debt is from an old catalogue that was sold to Lowell portfolio.

2. I do not think I did make a payment in 2012, what has led me to question this is that I have found an old Equifax credit report document which states that the default amount is for £550 and in 2012 an updated amount for around a hundred pound less was entered. Interestingly, Lowell have applied to the Courts for the original amount.

3. The default date is January 2011.

4. On the old Equifax document the default is listed as Mail Order from Lowell Portfolio1 ltd and not the original catalogue creditor.

5. I have checked Clear score and the default is no longer on my credit file, I remember checking my credit file at the start of 2017 and it had been erased from credit check then.

Ok ,

1. After the hols it would be wise to send a subject access request to the original creditor for all the info they hold on you e.g. the date of the last payment. ( this costs £10 and is known as a SAR) But this allows 40 days for compliance so if you can phone the catalogue company and ask for the information.
The debt purchaser (Lowell) has to take over the reporting on credit files when they buy the debt.

The account is removed from credit files 6 years from the default date paid or not.

So the important point is to check on the alleged payment it is not unknown for " mystery" payments to appear once a debt purchaser get hold of a debt.

nem

[Anabella]

Re: County Court Claim Form-Lowell portfolio

Hello,
I am in the process of writing my defence.

I have information from Shop Direct and the last payment I made was September 2010, the outstanding amount in September 2010 is the same amount that Lowell are seeking through the Courts. Therefore the amount is statue barred. Interestingly, the letter of claim from Lowell states that the assignment balance was a higher sum and a £150 payment was made. The default by Lowell in Jan 2011 is for the Shop direct balance in 2010.


I'm unsure what to put in my defence in relation to statue barred.