Credit Card debt - court caim by Lowell

[ama2024]

Hi All

Received a claim? Yes
Issue Date: 8 April 2024
Have you Acknowledged the Claim?: Yes
Total Amount Claimed : £8000+ Court fee £500 origional debt bought was £7500
Solicitors Firm: Overdales Solicitors
Original Creditor: HSBC
Original Debt : Credit Card

Particulars of Claim:
The claim is for the sum of £7500 due by the Defendant under an agreementregulated by the Consumer Cedit Act 1974 for a HSBC UK Bank plc account with an account reference of XXXXXXXXX.
The Defendent failed to maintain contractual payments required by the agreement and a Default Notice was served under section s.87(1) of the consumer credit act 1974 which has not been complied with.
The debt was legally assigned to the claimant on on 27-04-2023, notice of which has been given to the defendent.
The claim includes statutory interest under S.69 of the count courts act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £500+
The claimant claims the sum of £8000

Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): I do not think so as last contact was in 2020
List any letters you have sent (eg: CCA/ CPR ):
We have sent a request to the Claimaint for a copy of the Credit Agreement, we have also written to the Solicitors asking for copies of documents
Noitce of Assignment (copies sent by Soloicitors)
Default Notice (Not received)
Credit Agreement. (Not Reveived

Any Other Information or Background Details:

TImeline so far ia below.

We recieved the CC claim form issued 8 April 2024
Claim was acknowldged on 16 April 2024
We sent letter to claimant on 17 April 2024 and again 29 April 2024.
Letter sent to Solicitors on 17 April.
Defence filed on 2 May 2024

Letter recieved from Solicitors dated 2 May 2024 with a copy of the notice of assignment (we do not remember recieveing this notice) there are 2 letters, one on Lowell headed paper and the other on plain paprer supposedly from HSBC repayment Services team (nerver head from them before) .

Letter recieved from Solicitors 13 May 2024 asking for a settlement offer and included a Income and expenditure form.

[R0b]

Hi

I see that you filed your defence on 2 May, so I am not sure what sort of help you are seeking. The case will proceed on the basis of what you have provided in your defence unless you seek to amend the defence that will come at a cost of £255 unless you qualify for a fee exemption i.e. you have no income or very limited financial means.

What is it you are asking from us?

[Huxie]

ARIEL is a spammer and has been reported.

[ama2024]

HI All,

I was following the advise on the forum and filed my defence, but now i do not know how to proceed.

I have still not recieved any more documents from Claimet or their solicitor.
Default Notice (Not received)
Credit Agreement. (Not Reveived)

I was under the impression that the claimant had to provide the documents in a given time frame, does this mean the claim is invaid?

We have recieved a copy of the 'Directions Questionnair' from the solicitors dated 13 May 2024. They said the court will send our own direction questionair, but we still have not recieved anything in the post.

Please could you advise on how we should fill in the Direction Questionaire? When should we expect to recieve the form?

If they have not provided any documents apart from the Noitce of Assignment should we be seeking mediation ?
Should we have a determination without hearing or is it best to go in front of a judge?

Thank you for any help you can provide.

[echat11]

HI All,

I was following the advise on the forum and filed my defence, but now i do not know how to proceed.

I have still not recieved any more documents from Claimet or their solicitor.
Default Notice (Not received)
Credit Agreement. (Not Reveived)

I was under the impression that the claimant had to provide the documents in a given time frame, does this mean the claim is invaid?

We have recieved a copy of the 'Directions Questionnair' from the solicitors dated 13 May 2024. They said the court will send our own direction questionair, but we still have not recieved anything in the post.

Please could you advise on how we should fill in the Direction Questionaire? When should we expect to recieve the form?

If they have not provided any documents apart from the Noitce of Assignment should we be seeking mediation ?
Should we have a determination without hearing or is it best to go in front of a judge?

Thank you for any help you can provide.

Please start your own thread.

[Huxie]

echat11 ama2024 is the OP of this thread.

[echat11]

echat11 ama2024 is the OP of this thread.

Thanks Huxie.