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11th January 2017, 21:42:PM #1
Lowell portfolio vrs bobyR
This is my first post on this great site, but I often come on for information and have always been very impressed by it.
I have received a claim form from Lowells and have no idea what the do as Ive never had one befor. I have now acknowledged the claim and am posting the detail you require to help me with the next step. Thank you so much in advance!
Issue Date: 16 Dec 2016
Amount approx: £1127
Claimant: lowell Portfollio
Solicitor: cohen cramer
Original Creditor: littlwoods catalogue
Particulars of Claim:
the claim is for the sum of £1044.24 due by our defendentunder an agreement regulated by the consumer credit Act 1974for a shop direct account with an account reference of.............. The defendent failed to maintain contractualpayments required and a Default Notice was served under s.87(1) ofthe consumer credit Act 1974 which has notbeen complied with. The debt was legally assigned to the claimant on 12/sept/2014 notice of which has been given to the defendent. The claim includes statutory interest underS.69 of the County Courts Act 1984 at a rate of8% per annum from the date od assignment to the date of issue of these proceedings inthe sum of £83.54
The Claimant claims the sum of £1127.78
The account number they have is correct for the littlwoods account so is is still worth sending out the CCA request letter?
Hope you can help
11th January 2017, 22:13:PM #2
Re: Lowell portfolio vrs bobyR
Hi BobbyR & welcome to LB
Yes, send the s78 CCA request.
Lowells/Cohens will have very scant details to hand, & will almost certainly need to refer to the original creditor for details.
But they will not be able to enforce their court claim until they come up with compliant documentation.
You will need to enclose a £1 fee - postal order is good, made payable to the Claimant & endorsed 'For Statutory purposes only'.
Also a CPR 31.14 request (no fee) to Cohens.
You can ask for a true copy of the agreement, the Default Notice & the Notice of Assignment.
[Personally I would enclose a copy of the CCA request in with this to make sure Cohens know that a CCA request is in play. On CPR letter, write 'Enc: Copy of CCA request sent to your client Lowell (etc) on (date)'].
Get proof of posting for both
It's also wise to send a SAR to the original creditor asap.
Btw, when was the last time you paid into or acknowledged the debt? (in writing).CAVEAT LECTOR
This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)
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