lowell CCJ claim

[Marksmith]

HI

I'm sure I'm not the first here with this problem . however here i go .

Received a claim? Yes
Issue Date: 31 may 2022
Have you Acknowledged the Claim yes 06/06/2022
Total Amount Claimed : 2400
Claimant’s Name: LOWELL PORTFOLIO
Solicitors Firm: OVERDALES SOLICITORS
Original Creditor: CAPITOL 1
Original Debt 2500
Particulars of Claim: NOT CAPITOL 1 / LOWELL SINCE JUNE 2021
Is the debt Statute Barred UNKNOWN
List any letters you have sent CCA/ CPR to be sent
Any Other Information or Background Details: was paying off capitol 1 via step change , until unemployment 2020, stopped.



i have received a CCJ claim form from the County court for Lowell over a Capitol 1 amount I defaulted on some time ago. i have received all the paraphernalia prior to this stating what i owed and am expected to clear this debt etc..

Since i did not sign a credit agreement with LOWELL i continued to ignore up until this point . and am following the Legal Beagle steps as set out.

i have completed the first steps and AKNOWLEDGED THE SERVICE , and will write out the CCA & CPR letters in step 2 tonight and send in the morning . with postal orders of 1 pound sterling and request proof of postage.

could i ask what my next steps are as i believe i now have 28 days from issue to defend my case which i make it 28/06/2022 ?.

any help would be appreciated .

M.SMITH

[echat11]

Hi MS

When was the account opened?

a) You need to send off the CCA and CPR letters.
b) It's an idea to send off a SAR request, template on the left hand side of the webpage.
c) Start preparing your defence, a example defence on the left hand side of the webpage.
d) The Creditor has 28 days to respond to your defence.
e) Providing you receive all the documents, you can accept the offer of mediation.
f) If the matter isn't settled, then the Court will ask you to exchange Witness Statements and evidence.
g) The Hearing so you can put your case to the Court.

[Danica]

I’ve been recently dealing with Lowell too. I have just began my journey with Debt Collectors and have few chasing me but so far I can honestly say Lowell is a top dog. When I sent CCA request they have sent me all asked informations straight away, including true copy of agreement.

No idea what other forms of defence are there. Perhaps someone with a lot of experience could help…

Anyway, if it was me, I would focus on mediation and come up with a plan of paying them off. Unfortunately they probably added Court fees too to your case. Perhaps negotiate that during mediation too?

I think if we don’t have strong defence, mediation would be less stressful comparing to Court

I know it’s not the greatest advice. But without lawyer in your corner I think sadly it’s realistic xx

[Marksmith]

HI


thank you for your replies .


have now sent the Following letters with proof of postage on 07/06/2022


1 ,CCA & SAR request to Lowell portfolio
2 ,CPR & copy of CCA & SAR to overdale solicitors( LOWELL )
3,separate SAR request to capitol one Europe SAR department.


I'm assuming i now wait for all parties to contact.

My defense I'm thinking of Owning the debt with CAPITOL 1, however Disputing the debt with LOWELL as i did Not sign any agreement or have any Negotiation with Lowell.


any advise would be helpful.

Mark

[Marksmith]

[QUOTE=echat11;n1617315]Hi MS

When was the account opened?

Hi echat , I'm not sure . but i know it was before 2017

[Marksmith]

I’ve been recently dealing with Lowell too. I have just began my journey with Debt Collectors and have few chasing me but so far I can honestly say Lowell is a top dog. When I sent CCA request they have sent me all asked informations straight away, including true copy of agreement.

No idea what other forms of defence are there. Perhaps someone with a lot of experience could help…

Anyway, if it was me, I would focus on mediation and come up with a plan of paying them off. Unfortunately they probably added Court fees too to your case. Perhaps negotiate that during mediation too?

I think if we don’t have strong defence, mediation would be less stressful comparing to Court

I know it’s not the greatest advice. But without lawyer in your corner I think sadly it’s realistic xx

Hi


Danica

sorry to hear of your issues, i hope it works out for you . don't give up. the worst case scenario is Bailiffs take our possessions .Possessions can be replaced. Don't let these parasites get you down. Chin up .

They will never take my dignity.



Mark

[echat11]

HI


thank you for your replies .


have now sent the Following letters with proof of postage on 07/06/2022


1 ,CCA & SAR request to Lowell portfolio
2 ,CPR & copy of CCA & SAR to overdale solicitors( LOWELL )
3,separate SAR request to capitol one Europe SAR department.


I'm assuming i now wait for all parties to contact.

My defense I'm thinking of Owning the debt with CAPITOL 1, however Disputing the debt with LOWELL as i did Not sign any agreement or have any Negotiation with Lowell.


any advise would be helpful.

Mark

a) 1 ,CCA & SAR request to Lowell portfolio

Good

2 ,CPR & copy of CCA & SAR to overdale solicitors( LOWELL )

Good

3,separate SAR request to capitol one Europe SAR department.

Good

4. I'm assuming i now wait for all parties to contact.

Correct, but if you don't receive the requested documents, you still need to file your defence. The example defence covers various scenarios.

5. My defense I'm thinking of Owning the debt with CAPITOL 1, however Disputing the debt with LOWELL as i did Not sign any agreement or have any Negotiation with Lowell.

That's not a defence as such, the account has been sold by Capital One to Lowell's. There will be letters of assignment from Capital One to Lowell's. It might be the case that you didn't received them either party.

[Marksmith]

Hi

ECHATT

I understand that if I state that i received no notification from neither party.

Is upto LOWELL to prove all letters were sent. if so what proof can they submit as evidence.

[echat11]

Hi

ECHATT

I understand that if I state that i received no notification from neither party.

Is upto LOWELL to prove all letters were sent. if so what proof can they submit as evidence.

Copies of Letter of Assignment to state that the debt was sold by Capital One to Lowell Portfolio. They've also used printouts from their accounts systems to show what date the letters were sent out.

[Marksmith]

Surely a self declared proclamation of "we sent these letters " isn't concrete proof. It's circumstantial.

Also today is the 7day deadline of reply to my CCA request and I have had no reply.

Please advise, I'm finding your assistance very helpfully.in this matter.

[echat11]

Surely a self declared proclamation of "we sent these letters " isn't concrete proof. It's circumstantial.

Also today is the 7day deadline of reply to my CCA request and I have had no reply.

Please advise, I'm finding your assistance very helpfully.in this matter.

a) Surely a self declared proclamation of "we sent these letters " isn't concrete proof. It's circumstantial.

It's not an exact science, there are quite a few 'variables', you don't know what they have or will send, no point speculating.

b) Also today is the 7day deadline of reply to my CCA request and I have had no reply.

With CCA's they have 12 days to respond.

[Marksmith]

Hi

I've noticed on clearscore under credit cards, lowell have applied the sum of £2425 default to my credit file dated 8th June 2022, then next to it it states account opened 11th Oct 2013 . Would this be the date I opened the account. If so does this have any bearing.


TIA

Mark

[echat11]

Hi

I've noticed on clearscore under credit cards, lowell have applied the sum of £2425 default to my credit file dated 8th June 2022, then next to it it states account opened 11th Oct 2013 . Would this be the date I opened the account. If so does this have any bearing.


TIA

Mark

Lots of things about this doesn't make sense, you put 'Original Debt 2500', then 'Total Amount Claimed : 2400'.
Regards the Default, I find it hard to believe that they have Defaulted you after issuing the Court claim.
It's actually 'Capital One', not 'Capitol 1'.

[Marksmith]

[Marksmith]

Hi echatt

The original Debt was 2500 , as above was paying off (was paying off capitol 1 via step change , until unemployment 2020, stopped.)

it Is Capitol One , But easier to Type Capitol 1.

Lowell were chasing and outstanding Balance of 2075 , but after There so called Interest and Legal fees it Now stands at 2425..

Please see the Default i was referring to in Screenshot above .i have also added the Claim form Minus any sensitive info.

Sorry for you Frustration .

Kind Regards M.smith