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Lowell Court Claim - hope to avoid CCJ

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  • Lowell Court Claim - hope to avoid CCJ

    Received a claim? Yes
    Issue Date: 04/01/21
    Have you Acknowledged the Claim?: Yes
    Total Amount Claimed : £6000
    Claimant’s Name: Lowell Portfolio Ltd
    Solicitors Firm: Lowell
    Original Creditor: Paypal
    Original Debt (eg. Credit card/Loan/Overdraft) : online 'credit card' I assume that's what Paypal credit is classed as?
    Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
    1) the defendant entered into a consumer credit act 1974 regulated agreement with paypal under account ref: XXXXXX ('the agreement')
    2) the defendant failed to maintain the required payments and arrears began to accrue
    3)the agreement was later assigned to the claimant on 'last year' and notice given to the defendant
    4)despite repeated requests for payment, the sum of 'about £6k' remains due and outstanding
    and the claimant claims:
    a)the said sum

    b) interest pursuant to s69... at the rate of 8%... being limited to... being £300 ish
    c) costs
    Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): less than 6 years old
    List any letters you have sent (eg: CCA/ CPR ): requested CCA and notice of assignment as well as subject access request
    Any Other Information or Background Details:

    I have not had the requested information back from them yet, I did acknowledgement of claim in good time but didn't get to the PO to send requests for docs until a week later as was ill. I am going to submit defence on basis of this lack of evidence although they have not run out of time yet (12 working days).
    I could offer them a full and final, lent to me by a relative on condition they commit in writing to discontinue the court claim and settle. About 70% of total claim.
    I want to do everything I can to avoid CCJ. I do not currently have any CCJs and would impact negatively on my family.
    I have not yet received documents from them but called and they said they have been processed, when I asked directly about the CCA being provided they didn't give a straight answer on phone, will see what their response says.

    Any advice or shared experiences gratefully received, thanks
    Tags: None

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