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Lowell Claim Form

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  • Lowell Claim Form

    Hi all,

    I've read lots of information on this forum about the best way to deal with claim forms, however I've also noticed how cases seem to differ from person to person, therefore I thought I'd explain my particular situation.

    This morning I received a claim form from Lowell Portfolio (claimant) regarding a debt of £1,187 from almost 5 years ago, which I know means it isn't statute barred for another 12 months or so.

    The account date start was 20/03/2006 and the default date was 30/11/2011.

    The particulars of the claim are below:

    The Claimant's Claim is for the sum of £1,187.52 being monies due from the Defendant to the Claimant under a Financial Services agreement regulated by the Consumer Credit Act 1974 between the Defendant and HFC Bank Limited under account reference xxxxxxxx and assigned to the Claimant on 23/12/2011 notice of which has been given to the Defendant.

    The Defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with.

    The claim also indicates statutory interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8.00% per annum (a daily rate of £0.26 from the date of assignment of the agreement to 22/12/2012 being an amount of £95.16.

    The solicitors are BW Legal. I have never received any correspondence from Lowell Portfolio or BW Legal about this debt prior to receiving this claim form and therefore I have never made any contact with them about this debt.

    This is the only default on my credit file (I have no CCJs against me either) and I have had no correspondence from anyone about the debt for years, only when HFC Bank contacted me directly; my personal circumstances were different then, which I'm still being held back by due to this default.

    I vaguely understand how debt collectors work and I'm pretty sure the first steps are to acknowledge the letter with the court online and then ask Lowell to send me a copy of the documents/agreement relating to this debt, which reading through other posts on this forum is something they may not have 5 years on.

    Any help/advice you could give me would be much appreciated.

    Many thanks in advance!
    Tags: None

  • #2
    Re: Lowell Claim Form

    Hi lillman & welcome to LB.

    What is this for? Credit card? Loan? Other?
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment


    • #3
      Re: Lowell Claim Form

      Originally posted by lillman View Post
      Hi all,

      I've read lots of information on this forum about the best way to deal with claim forms, however I've also noticed how cases seem to differ from person to person, therefore I thought I'd explain my particular situation.

      This morning I received a claim form from Lowell Portfolio (claimant) regarding a debt of £1,187 from almost 5 years ago, which I know means it isn't statute barred for another 12 months or so.

      The account date start was 20/03/2006 and the default date was 30/11/2011.

      The particulars of the claim are below:

      The Claimant's Claim is for the sum of £1,187.52 being monies due from the Defendant to the Claimant under a Financial Services agreement regulated by the Consumer Credit Act 1974 between the Defendant and HFC Bank Limited under account reference xxxxxxxx and assigned to the Claimant on 23/12/2011 notice of which has been given to the Defendant.

      The Defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with.

      The claim also indicates statutory interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8.00% per annum (a daily rate of £0.26 from the date of assignment of the agreement to 22/12/2012 being an amount of £95.16.

      The solicitors are BW Legal. I have never received any correspondence from Lowell Portfolio or BW Legal about this debt prior to receiving this claim form and therefore I have never made any contact with them about this debt.

      This is the only default on my credit file (I have no CCJs against me either) and I have had no correspondence from anyone about the debt for years, only when HFC Bank contacted me directly; my personal circumstances were different then, which I'm still being held back by due to this default.

      I vaguely understand how debt collectors work and I'm pretty sure the first steps are to acknowledge the letter with the court online and then ask Lowell to send me a copy of the documents/agreement relating to this debt, which reading through other posts on this forum is something they may not have 5 years on.

      Any help/advice you could give me would be much appreciated.

      Many thanks in advance!

      Hi,

      Yes a CCA request for a copy of the " regulated agreement" mentioned in the particulars of claim.
      You will find a template request in the green box at the top of the Court Claim Forum.
      There's a £1 statutory fee to pay, use a postal order "marked For Statutory Fee Only". Send by signed for post so you can check delivery date.
      Lowell has 12 + 2 working days to comply.

      Next: A request made under the provisions of Civil Procedure Rule 31 . !4 (no fee) to BWL ( template in green box) this is for the documents mentioned in the particulars of claim. i.e. The agreement, The Default Notice, and the Notice of assignment.

      BW has 7 days to comply.

      nem

      Comment


      • #4
        Re: Lowell Claim Form

        Hi, and thank you :-)

        This debt relates to a loan from HFC Bank for a laptop I got from PC World/Currys...

        Comment


        • #5
          Re: Lowell Claim Form

          Originally posted by nemesis45 View Post
          Hi,

          Yes a CCA request for a copy of the " regulated agreement" mentioned in the particulars of claim.
          You will find a template request in the green box at the top of the Court Claim Forum.
          There's a £1 statutory fee to pay, use a postal order "marked For Statutory Fee Only". Send by signed for post so you can check delivery date.
          Lowell has 12 + 2 working days to comply.

          Next: A request made under the provisions of Civil Procedure Rule 31 . !4 (no fee) to BWL ( template in green box) this is for the documents mentioned in the particulars of claim. i.e. The agreement, The Default Notice, and the Notice of assignment.

          BW has 7 days to comply.

          nem
          Hi Nem,

          That's great, thank you!

          Is it common, in your experience on this forum, that debt collectors have these agreements on file so many years on? Also, can part of my defence include receiving no correspondence from Lowell or BW regarding this debt prior to receiving the claim form?

          Comment


          • #6
            Re: Lowell Claim Form

            Originally posted by lillman View Post
            Hi, and thank you :-)

            This debt relates to a loan from HFC Bank for a laptop I got from PC World/Currys...
            Just out of interest, did you stop paying due to personal financial circumstances, or did you have a problem with the computer/Currys?
            CAVEAT LECTOR

            This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

            You and I do not see things as they are. We see things as we are.
            Cohen, Herb


            There is danger when a man throws his tongue into high gear before he
            gets his brain a-going.
            Phelps, C. C.


            "They couldn't hit an elephant at this distance!"
            The last words of John Sedgwick

            Comment


            • #7
              Re: Lowell Claim Form

              Originally posted by lillman View Post
              Hi Nem,

              That's great, thank you!

              Is it common, in your experience on this forum, that debt collectors have these agreements on file so many years on? Also, can part of my defence include receiving no correspondence from Lowell or BW regarding this debt prior to receiving the claim form?
              Certainly some I've seen have been in the hands of debt purchasers for a very long time But when a debt is sold it is part of a very,
              very large portfolio of debts and there is only the barest detail e.g. the name of the original creditor, the amount outstanding and the debtors contact details, no agreements, terms & conditions etc., hence the need for the requests.

              nem

              Comment


              • #8
                Re: Lowell Claim Form

                Originally posted by charitynjw View Post
                Just out of interest, did you stop paying due to personal financial circumstances, or did you have a problem with the computer/Currys?
                Personal and financial circumstances, depression and anxiety from job loss and breakdown of long-term relationship...

                - - - Updated - - -

                Originally posted by nemesis45 View Post
                Certainly some I've seen have been in the hands of debt purchasers for a very long time But when a debt is sold it is part of a very,
                very large portfolio of debts and there is only the barest detail e.g. the name of the original creditor, the amount outstanding and the debtors contact details, no agreements, terms & conditions etc., hence the need for the requests.

                nem
                Great, thanks Nem. I'm just about to acknowledge the claim form online and have already printed out the CCA request.

                If I don't hear back from Lowell and BW in the timescales you mentioned, what happens next?

                Comment


                • #9
                  Re: Lowell Claim Form

                  Originally posted by lillman View Post
                  Personal and financial circumstances, depression and anxiety from job loss and breakdown of long-term relationship...
                  Ok

                  Just checking to see whether a recent Supreme Court case may have been of assistance.
                  From your answer it would appear not.
                  CAVEAT LECTOR

                  This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                  You and I do not see things as they are. We see things as we are.
                  Cohen, Herb


                  There is danger when a man throws his tongue into high gear before he
                  gets his brain a-going.
                  Phelps, C. C.


                  "They couldn't hit an elephant at this distance!"
                  The last words of John Sedgwick

                  Comment


                  • #10
                    Re: Lowell Claim Form

                    Sorry, another quick question...

                    I'm just putting together the CPR request and I'm not sure what date to put in here:

                    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 on XX XXXX 201X.

                    I think I've seen it on the forum somewhere that it's 33 days from today's date, when I received the claim form, which would make it Sunday 4th December 2016 - is that right?

                    Comment


                    • #11
                      Re: Lowell Claim Form

                      To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case.
                      Just leave it at that, imho.
                      CAVEAT LECTOR

                      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                      You and I do not see things as they are. We see things as we are.
                      Cohen, Herb


                      There is danger when a man throws his tongue into high gear before he
                      gets his brain a-going.
                      Phelps, C. C.


                      "They couldn't hit an elephant at this distance!"
                      The last words of John Sedgwick

                      Comment


                      • #12
                        Re: Lowell Claim Form

                        Originally posted by charitynjw View Post
                        Just leave it at that, imho.
                        Thanks!

                        Final question, I think, please...

                        What exactly do I put here:

                        1. Agreement / Contract
                        2. Default Notice
                        3. Assignment
                        4. Formal Demand

                        Comment


                        • #13
                          Re: Lowell Claim Form

                          I would ask for a copy of the agreement, the terms & conditions, the notice of assignment & the default notice, all of which are mentioned in the particulars of claim.
                          CAVEAT LECTOR

                          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                          You and I do not see things as they are. We see things as we are.
                          Cohen, Herb


                          There is danger when a man throws his tongue into high gear before he
                          gets his brain a-going.
                          Phelps, C. C.


                          "They couldn't hit an elephant at this distance!"
                          The last words of John Sedgwick

                          Comment


                          • #14
                            Re: Lowell Claim Form

                            Originally posted by charitynjw View Post
                            I would ask for a copy of the agreement, the terms & conditions, the notice of assignment & the default notice, all of which are mentioned in the particulars of claim.
                            I'll send off the letters tomorrow and update as soon as I hear anything, thanks for your help!

                            Comment


                            • #15
                              Re: Lowell Claim Form

                              send Recorded Delivery

                              Comment

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