Claim form recieved, please help :(

[scottiow]

Hi,

Ive received a claims form due to being silly by burying my head in the sand due to depression and very low income and I was hoping you guys could help me in avoiding a CCJ.

Il send the details below :

Please help



Received a claim? Yes/No: Yes
Issue Date: 08/ 11/ 2021
Have you Acknowledged the Claim?: No
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000) £400
Claimant’s Name:Lowell Portfolio
Solicitors Firm: Overdales Solicitors
Original Creditor: Sky UK
Original Debt (eg. Credit card/Loan/Overdraft) : Sky TV
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):

The claim is for the sum of ***
due by the defendant under a Sky UK Limited account refrence ********
The defendant failed to maintain contractual payments required under the terms of the account agreement.
The debt was legally assigned to the claimant on 23-04-19, notice of which has been given to the defendant. The claim includes statuary 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 proceedimngs in the sum of £21.05. The claimant claims the sum of ***

Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): not sure
List any letters you have sent (eg: CCA/ CPR ): none
Any Other Information or Background Details:

[echat11]

Hi SCOTTIOW

a) First Acknowledge the Claim, you can do this online, this will give you 28 days in total to work on your defence.

https://legalbeagles.info/library/gu...ledge-a-claim/

b) Send Lowell a SAR request, they have 30 days to provide all the data they hold on the account. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

c) Send Overdales a CCA request, they have 14 days to provide a copy of the original agreement. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...etter-example/

d) Send Overdales a CPR 31.14 request, again get Proof of Postage.

https://legalbeagles.info/library/gu...-of-documents/

Don't speak to creditors, solicitors etc over the phone, everything in writing.
Keep on top of this, especially dates for filing defence etc.

[scottiow]

Ok thank you. I noticed that the new money claim online service only gives 14 days, is that correct ? should I do that method or a different one ?

Thankyou for the help.

[echat11]

Ok thank you. I noticed that the new money claim online service only gives 14 days, is that correct ? should I do that method or a different one ?

Thankyou for the help.

Once you Acknowledge the Claim, you get an extra 14 days to file your Defence. You already have 14 days from the date on the Particular's of Claim form you received.

[scottiow]

Ok thankyou

[scottiow]

Hi,

I was hoping you could help. Im just doing the forms to send off today. For the SAR request where it asks for the creditor details and account number, do I put SKYs details or Overdales or Lowells ?

Thanks,

Scott

[echat11]

Hi,

I was hoping you could help. Im just doing the forms to send off today. For the SAR request where it asks for the creditor details and account number, do I put SKYs details or Overdales or Lowells ?

Thanks,

Scott

Send it to Sky. (Although Lowell's should able to provide the same).

[scottiow]

Thankyou. Sorry to be a pain but for the CPR do i put the claimant as lowell or overdales ?

And where it says :To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence onxx/xx/xxxx.

What date should i put there ?

Thankyou so much for your help.

[echat11]

Thankyou. Sorry to be a pain but for the CPR do i put the claimant as lowell or overdales ?

And where it says :To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence onxx/xx/xxxx.

What date should i put there ?

Thankyou so much for your help.

a) Sorry to be a pain but for the CPR do i put the claimant as lowell or overdales ?

The Claimant is Lowell Portfolio, you send the CPR to Overdales.

b) And where it says :To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence onxx/xx/xxxx. What date should i put there ?

05/12/2021

[scottiow]

Thankyou so much, sorry im also not sure what to put in this bit :

NB: ONLY LIST HERE DOCUMENTS THAT ARE MENTIONED IN THE PARTICULARS OF CLAIM ON THE FRONT OF THE CLAIM FORM – eg. IF THEY DON’T MENTION ‘ DEFAULT NOTICE’ YOU CANNOT ASK FOR IT UNDER CPR 31.14, IF THEY MENTION CONTRACT rather than AGREEMENT – ask for the CONTRACT…IF IN DOUBT TYPE OUT THE PARTICULARS OF CLAIM AND ASK ON THE FORUM.( and remove this paragraph too!!!!)
for EXAMPLE
1. Agreement / Contract
2. Default Notice
3. Notice of Assignment

The particulars of claim are :

The claim is for the sum of ***
due by the defendant under a Sky UK Limited account refrence ********
The defendant failed to maintain contractual payments required under the terms of the account agreement.
The debt was legally assigned to the claimant on 23-04-19, notice of which has been given to the defendant. The claim includes statuary 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 proceedimngs in the sum of £21.05. The claimant claims the sum of ***

Any ideas please ? I dont want to get it wrong.

I really appreciate your help with this.

[echat11]

Thankyou so much, sorry im also not sure what to put in this bit :

NB: ONLY LIST HERE DOCUMENTS THAT ARE MENTIONED IN THE PARTICULARS OF CLAIM ON THE FRONT OF THE CLAIM FORM – eg. IF THEY DON’T MENTION ‘ DEFAULT NOTICE’ YOU CANNOT ASK FOR IT UNDER CPR 31.14, IF THEY MENTION CONTRACT rather than AGREEMENT – ask for the CONTRACT…IF IN DOUBT TYPE OUT THE PARTICULARS OF CLAIM AND ASK ON THE FORUM.( and remove this paragraph too!!!!)
for EXAMPLE
1. Agreement / Contract
2. Default Notice
3. Notice of Assignment

The particulars of claim are :

The claim is for the sum of ***
due by the defendant under a Sky UK Limited account refrence ********
The defendant failed to maintain contractual payments required under the terms of the account agreement.
The debt was legally assigned to the claimant on 23-04-19, notice of which has been given to the defendant. The claim includes statuary 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 proceedimngs in the sum of £21.05. The claimant claims the sum of ***

Any ideas please ? I dont want to get it wrong.

I really appreciate your help with this.

Send Overdales (the solicitors) the CPR31.14

LIST only the following:

1. Agreement / Contract

2.. Notice of Assignment

[MIKE770]

get proof posting (free) and attached to your file copy of request

[scottiow]

Ok great. Thankyou.

[scottiow]

Hi,

I recieved the following letter in the post yesterday, please can you advise on what to do next? I'm not sure what to do, it's a big worry.



Thanks,

Scott

[echat11]

So they have sent nothing apart from the Letter of Assignment, basically saying they'll provide information to the court later. They haven't even provided Terms or Conditions.

This template is for CCA's. Amend it leave out all the CCA bits.

Once you've done that post it on the thread, don't send it off.

https://legalbeagles.info/library/gu...-court-claims/