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Lowell's Solicitors Small Claims Track please help
Hello to everyone. I am new to this forum but have done an extensive amount of reading of the content prior to posting. I have a problem that I am seeking some advice and assistance on please.
My issues are as follows:
I have received a Claim Form from Northampton County Court Business Centre dated 4th May 2017.
The Particulars of Claim are;
1) The defendant entered into a Consumer Credit Act 1974 with HBOS PLC under account reference xxxxxxxxx ('the Agreement').
2) The Defendant failed to maintain the required payments and a default notice was served and not complied with.
3)The Agreement was later assigned to the Claimant on the 07/08/2012 and notice given to the Defendant.
4) Despirte repeated requests for payment, the sum of £1, 484.32 remains due and outstanding.
And the Claimant Claims:
a) The said sum of £1, 484.32
b) Interest pursuant to s69 County courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.325, but limited to one year being £118.75
c) Costs.
Following on, I filed the Acknowledgement of Service online within the required time frame and based on the information gained within this forum, I sent both a CCA request to the claimant and a CPR request to the and copy of the CCA request to the Claimant's solicitor on the 11/05/2017.
On the 17/05/2017 I received a response from Lowell Solicitors stating the following:
We acknowledge receipt of your letters (date inserted).
As you are aware, a claim form was issued against you (date inserted) and we n ote your intentions to defend the Claim and confirm we have received your Acknowledge of Service which provides a further 14 days for you to respond to the Claim form appropriately.
The account will be placed on hold until we have received the requested documents from the original creditor HBOS PLC in relation to the Bank of Scotland current account opened 07/03/2006. The documents will then be forwarded to you upon receipt.
The Deed of Assignment will not be sent to you as it is a confidential agreement between our client and the original creditor containing information to which you are not entitled to see. No other agreement/Deed of Novation exists between you and our client.
If you wish to peak with a member of our team please telephone etc.
Up to this time, no documentation has been forwarded to me by Lowell but I still went ahead and filed my Defense on the 26/06/2017. As my defense, I stated that the debt was statute barred because I believe I defaulted in 2008. I also included that Lowell has failed to provide me with the relevant documentation as requested.
I am unable to recall very much about the particulars of the debt. I have no documentation or the original agreement. I think that it may have been for an overdraft as that is the only debt I can recall having.
I have not acknowledged this debt and there is no evidence of it on my credit file. I have never communicated with Lowell in all of the time they contacted me or arranged any payment plans. I am certain that the debt is now statute barred. However, as indicated by the DQ, Lowell appears prepared to continue with the claim.
Since then a DQ was filed by Lowell and one was sent to me by the Court. I received the Notice of Proposed Allocation to the Small Claims Track dated 09/07/2017. I also received a copy of the DQ from Lowells Solicitors to be returned by the 26/07/2017.
I now have to fill in these forms and would like to ask for some advice/support to complete these forms and prep for what comes next please.
I hope I have posted sufficient information for you to consider my circumstances.
Thanks for reading
Ebonie
My issues are as follows:
I have received a Claim Form from Northampton County Court Business Centre dated 4th May 2017.
The Particulars of Claim are;
1) The defendant entered into a Consumer Credit Act 1974 with HBOS PLC under account reference xxxxxxxxx ('the Agreement').
2) The Defendant failed to maintain the required payments and a default notice was served and not complied with.
3)The Agreement was later assigned to the Claimant on the 07/08/2012 and notice given to the Defendant.
4) Despirte repeated requests for payment, the sum of £1, 484.32 remains due and outstanding.
And the Claimant Claims:
a) The said sum of £1, 484.32
b) Interest pursuant to s69 County courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.325, but limited to one year being £118.75
c) Costs.
Following on, I filed the Acknowledgement of Service online within the required time frame and based on the information gained within this forum, I sent both a CCA request to the claimant and a CPR request to the and copy of the CCA request to the Claimant's solicitor on the 11/05/2017.
On the 17/05/2017 I received a response from Lowell Solicitors stating the following:
We acknowledge receipt of your letters (date inserted).
As you are aware, a claim form was issued against you (date inserted) and we n ote your intentions to defend the Claim and confirm we have received your Acknowledge of Service which provides a further 14 days for you to respond to the Claim form appropriately.
The account will be placed on hold until we have received the requested documents from the original creditor HBOS PLC in relation to the Bank of Scotland current account opened 07/03/2006. The documents will then be forwarded to you upon receipt.
The Deed of Assignment will not be sent to you as it is a confidential agreement between our client and the original creditor containing information to which you are not entitled to see. No other agreement/Deed of Novation exists between you and our client.
If you wish to peak with a member of our team please telephone etc.
Up to this time, no documentation has been forwarded to me by Lowell but I still went ahead and filed my Defense on the 26/06/2017. As my defense, I stated that the debt was statute barred because I believe I defaulted in 2008. I also included that Lowell has failed to provide me with the relevant documentation as requested.
I am unable to recall very much about the particulars of the debt. I have no documentation or the original agreement. I think that it may have been for an overdraft as that is the only debt I can recall having.
I have not acknowledged this debt and there is no evidence of it on my credit file. I have never communicated with Lowell in all of the time they contacted me or arranged any payment plans. I am certain that the debt is now statute barred. However, as indicated by the DQ, Lowell appears prepared to continue with the claim.
Since then a DQ was filed by Lowell and one was sent to me by the Court. I received the Notice of Proposed Allocation to the Small Claims Track dated 09/07/2017. I also received a copy of the DQ from Lowells Solicitors to be returned by the 26/07/2017.
I now have to fill in these forms and would like to ask for some advice/support to complete these forms and prep for what comes next please.
I hope I have posted sufficient information for you to consider my circumstances.
Thanks for reading
Ebonie
