Smith v lowell & fredrickson international DISCONTINUED

[smith]

Hi got this card in post today 7.8.2013

this account is seriously in arrears and you have failed to reply to correspondence or make a payment arrangement despite trace enquiries showing you as living at this address
contact us now on xxxxxxxx to arrange a payment or your account will be passed to a solicitor with authorisation to proceed with immediate litigation proceedings against you at the above address

only 1 i can think of they lowell did buy a capital 1 debt
this account was cca nothing was sent the account as been in dispute
and am sure this account will go to carters solictors


action
shall i sent prove it letter to fredrickson and to lowell or cca them both

[ODC]

Re: Smith v lowell & fredrickson international

Send the CCA to whoever sent you the card

[FlamingParrot]

Re: Smith v lowell & fredrickson international

Hi got this card in post today 7.8.2013

this account is seriously in arrears and you have failed to reply to correspondence or make a payment arrangement despite trace enquiries showing you as living at this address
contact us now on xxxxxxxx to arrange a payment or your account will be passed to a solicitor with authorisation to proceed with immediate litigation proceedings against you at the above address

only 1 i can think of they lowell did buy a capital 1 debt
this account was cca nothing was sent the account as been in dispute
and am sure this account will go to carters solictors

First of all, don't worry! :hug: By now you should know all about Celestine's :yo: track record with Lowells...

Are you saying you already sent a CCA request for this account? If so, how long ago and who was the CCA request sent to? :confused2:

If the account wasn't with Lowell at the time and/or it's been some time, then you should definitely send a fresh CCA request, I'd send it to Lowell if they are the new account owners.

Did you ever get a notice of assignment? You should have received one when the account was sold to them. :thumb:

[smith]

Re: Smith v lowell & fredrickson international

got a letter today 6 august 2013 from fredrickson LETTER BEFOR ACTION


CCA WAS SENT TO LOWELLS in 2006 and copys was sent to debt collectors they backed off

ill re send cca to lowells and a copy to fredrickson

fredrickson will like in past send the account to carters solictors they was hard to get rid off

never receved a notice of assignment

lowells seem to have bought a lot of my debts and my partners to grrr

[ODC]

Re: Smith v lowell & fredrickson international

Do not send two CCAs. Technically the debt is still in dispute with Lowells because you have already CCAed them and they haven't responded. If you have proof of this write to Frederickscum and tell them debt is in dispute with their puppet masters in Leeds. If you need to send a CCA off it should only go to Frederickscum who are the juan kerrs that are now pursuing it.

[FlamingParrot]

Re: Smith v lowell & fredrickson international

Do not send two CCAs. Technically the debt is still in dispute with Lowells because you have already CCAed them and they haven't responded. If you have proof of this write to Frederickscum and tell them debt is in dispute with their puppet masters in Leeds. If you need to send a CCA off it should only go to Frederickscum who are the juan kerrs that are now pursuing it.

Looks like the CCA request was sent 7 years ago, in which case, what are the chances of there being a record of it? :noidea: I'd say given the length of time since this request was sent, a fresh CCA request wouldn't hurt! :thumb:

If Fred's are chasing then it's OK to send it to them who will have to contact Lowell who will have to contact the OC… in the meantime the account should be put on hold, and it's likely to be for a long time! :clock:

got a letter today 6 august 2013 from fredrickson LETTER BEFOR ACTION

CCA WAS SENT TO LOWELLS in 2006 and copys was sent to debt collectors they backed off

ill re send cca to lowells and a copy to fredrickson

fredrickson will like in past send the account to carters solictors they was hard to get rid off

never receved a notice of assignment

lowells seem to have bought a lot of my debts and my partners to grrr

If they were not able to respond in 2006 and backed off, that means they won't be able to find anything this time, and they won't be able to enforce, but it's important to send the CCA as soon as possible to stave off legal action. Try not to worry, you've already experienced first hand what Cel can do! :yo: :yo: :yo:

[smith]

Re: Smith v lowell & fredrickson international

letter from bryan carter solictors dated 7 JAN 2014
as you failed to make repayments the above account we have issued litigation proceedings in the county court you will receive the calim form in the next 48 hours direct from the court


county court summons dated 7 jan 2014

particulars of claim
the claim is for 717.85 the ammount
due under an agreement between the original
creditor and the
defendant to prove finance and or services and or goods
this debt was assigned / to purchased by lowell portfolio 1 ltd
on 28.01 2011 and notice served pursuant to the law of property act 1925

particulars
re capital one europe plc
acc no xxxxxxx

and the claimant claims 717.85
the claimant also claims intrest pursuant to s69 county court act 1984 from 28 /01/2011 to date date 8% per annum amounting to £168.94


ACKNOWLEDGEMENT
Submission date & time
09/01/2014 19:45:13

[biondani]

Re: Smith v lowell & fredrickson international

Would love to know how they could win this as it will be statuate barred and also they have failed to produce a CCA so won't be enforcable on that grounds either.

[smith]

Re: Smith v lowell & fredrickson international

sent court papers and a letter from byran both was dated 7 jan 2014

[smith]

Re: Smith v lowell & fredrickson international

right will send to Bryan carters solicitors in morn ill send this first advise

request pursuant to CPR 31.14


Claim Number XXXXXXX

Dear Sirs,

I request disclosure of documents referred to in your claim, pursuant to CPR 31.14.

1. Copy of the original credit agreement.
2. Copy of the original terms and conditions for that agreement.
3. Default Notice
4. Assignment Notice
5. Statement of Account.

I require inspection of these documents ahead of filing the defence , so I request that they are provided to me within 7 days.
If you are unable to comply with this request in that timescale, please let me know by return so that I may consider an appropriate timescale for extending the submission date for my defence.

Yours sincerely.....

[smith]

Re: Smith v lowell & fredrickson international

bump for help

[smith]

Re: Smith v lowell & fredrickson international

Bump for advise

[Amethyst]

Re: Smith v lowell & fredrickson international

Yes send the cpr request.

This debt is statute barred you think ? (just going off the CCA request sent in 2006 - have you acknowledged or paid anything since that time?)

Did you send a second CCA request ?

[FlamingParrot]

Re: Smith v lowell & fredrickson international

right will send to Bryan carters solicitors in morn ill send this first advise

request pursuant to CPR 31.14


Claim Number XXXXXXX

Dear Sirs,

I request disclosure of documents referred to in your claim, pursuant to CPR 31.14.

1. Copy of the original credit agreement.
2. Copy of the original terms and conditions for that agreement.
3. Default Notice
4. Assignment Notice
5. Statement of Account.

I require inspection of these documents ahead of filing the defence , so I request that they are provided to me within 7 days.
If you are unable to comply with this request in that timescale, please let me know by return so that I may consider an appropriate timescale for extending the submission date for my defence.

Yours sincerely.....

Just to make sure we're doing the right thing here, have you acknowledged service and stated your intention to defend? Once you acknowledge, you get a total of 28 days to submit your defence.

Have you sent a NEW CCA request for this? Because reading posts above, it sounds like it was 6 or 7 years ago.

Have you made any payments or written repayment offers in the past 6 years? If the debt is Statute Barred, that's an absolute defence and you don't need to ask for any documents, the onus would be on the claimants to prove otherwise.

[smith]

Re: Smith v lowell & fredrickson international

Yes send the cpr request.

This debt is statute barred you think ? (just going off the CCA request sent in 2006 - have you acknowledged or paid anything since that time?)

last payment was about june 2007




Did you send a second CCA request ?

cca was sent to lowells not sure on date

ACKNOWLEDGEMENT
Submission date & time
09/01/2014 19:45:13

Last edited by smith; Yesterday at 19:47:PM. AND STATED DEFEND IN FULL