Lowell Portfolio Claim Form owing over 6k

eggo1

Hello All


My wife has received a letter from Lowell Portfolio Ltd for a outstanding debt of over 6k


Claimant
LOWELL PORTFOLIO I LTD
ELLINGTON HOUSE
9 SAVANNAH WAY
LEEDS
LS10 1AB


Address for sending documents and payment
BRYAN CARTER SOLICITERS LLP[
11 DE HAVILLAND DRIVE
WEYBRIDGE SURREY
KT13 0YP


In the
COUNTY COURT BUSINESS CENTRE


Claim Number
xxxxxxxxxxxxxxx


Issue Date


27 Nov 2014


Particulars of claim
THIS CLAIM IS FOR 5283.86, THE AMOUNT
DUE UNDER A AGREEMENT BETWEEN THE ORIGINAL
CREDITOR AND THE DEFENDENT TO PROVIDE
FINANCE AND/OR SERVICES AND/OR GOODS.


THIS DEPT WAS ASSINGED TO/PURCHASED BY
Lowell portfolio 1 ltd,
ON 20/09/2010 AND NOTICE SERVED
PERSUANT TO THE LAW OF PROPERTY ACT 1925


PARTICULARS
RE- Shop Direct
A/C No. xxxxxxxx


AND THE CLAIMANT CLAIMS 5283.86


THE CLAIMANT ALSO CLAIMS STATUTORY INTEREST
PERSUANT TO S.69 OF THE COUNTY ACT 1984 AT A
RATE OF 8% PER ANNUM
FROM THE DATE OF ASSIGNMENT OF THE AGREEMENT
TO DATE BUT LIMITED TO A MAXIMUM OF ONE YEAR
AND A MAXIMUM OF 1000 AMOUNTING TO 422.71


Amount Claimed 5706.57
Court Fee 410.00
Solicitor's Costs 100.00
Total Amount 6216.57




I am assuming its a catalogue dept but my wife assures me she has not had a catalogue in her name apart from a next catalogue with only a £100 limit


We have no idea were the dept has come from we have been living at this address since 2006 since we bought our own home so nearly 10yrs, and never had a catalogue in this time apart from next, and especially with a 5,000 limit or there a bouts


We are unsure of our next step I was thinking of phoning Shop Direct during business hours with the account number provided and going straight to the source is this a good idea


please help

happy_bunny_2

If its genuine, you need to log-in on-line and defend the claim.

Is there anything on your wife's credit file?

happy_bunny_2

and seek help on here:
http://www.legalbeagles.info/forums/forumdisplay.php?105-Received-a-Court-Claim

dazza12

Shop Direct is a catalogue company, behind most of the brands that offer catalogue shopping.

If your wife definitely has never used a catalogue, it is likely that someone has fraudulently obtained credit in her name. It's difficult to do for a catalogue company as items generally are delivered to the door, but not impossible.

Bryan Carter / Lowell Portfolio are a debt collection company that specialises in taking cases to court. However they do also have a habit of sending documents that look like a case has already been heard hoping it's enough to get people to pay up.

It is unusual to hear about a CCJ being granted without paperwork being sent previously. You have to be presented with the CCJ application so that you can present your response - whether that is to admit or defend it. Have you checked with your wife about previous correspondence that she may have thrown out?

In the first instance, it's a good idea to get your wife to check her credit file. This will probably give better details as to the debt itself, dates etc.

It's also an idea to write to Lowell advising that she has no knowledge of the debt and it is therefore in dispute. Ask for supporting proof. If they point to the court case, they still have to prove the debt exists. It may seem quicker to call them, but in writing you have a written record of what was said.

The Prove It! letter here - https://forums.moneysavingexpert.com/discussion/2607247 will help, this should get a response.

Contact the court itself as well. Let them know the debt is in dispute. They can advise on the steps you will need to take in order to get the CCJ cancelled or to stop recovery action whilst the claim is disputed. If the letter includes information on Moneyclaim online, use these details to log on and dispute the claim.

eggo1

We have never checked our credit ratings but don't think there good has been turned down for credit in the past, since buying our house in 2006 and me losing my job in 2010, we are in mortgage arrears but we pay extra each month to get the outstanding arrears cleared




At the moment if we don't have the cash to purchase luxury item's we just go without


has long has the bills are paid and there's food on the table and kids are clothed that's all that matters

happy_bunny_2

eggo1 wrote: »

We have never checked our credit ratings but don't think there good has been turned down for credit in the past, since buying our house in 2006 and me losing my job in 2010, we are in mortgage arrears but we pay extra each month to get the outstanding arrears cleared




At the moment if we don't have the cash to purchase luxury item's we just go without


has long has the bills are paid and there's food on the table and kids are clothed that's all that matters

Its worth a check to see if they put that debt on there.

eggo1

dazza12 wrote: »

Shop Direct is a catalogue company, behind most of the brands that offer catalogue shopping.

If your wife definitely has never used a catalogue, it is likely that someone has fraudulently obtained credit in her name. It's difficult to do for a catalogue company as items generally are delivered to the door, but not impossible.

Bryan Carter / Lowell Portfolio are a debt collection company that specialises in taking cases to court. However they do also have a habit of sending documents that look like a case has already been heard hoping it's enough to get people to pay up.

It is unusual to hear about a CCJ being granted without paperwork being sent previously. You have to be presented with the CCJ application so that you can present your response - whether that is to admit or defend it. Have you checked with your wife about previous correspondence that she may have thrown out?

In the first instance, it's a good idea to get your wife to check her credit file. This will probably give better details as to the debt itself, dates etc.

It's also an idea to write to Lowell advising that she has no knowledge of the debt and it is therefore in dispute. Ask for supporting proof. If they point to the court case, they still have to prove the debt exists. It may seem quicker to call them, but in writing you have a written record of what was said.

The Prove It! letter here - will help, this should get a response.

Contact the court itself as well. Let them know the debt is in dispute. They can advise on the steps you will need to take in order to get the CCJ cancelled or to stop recovery action whilst the claim is disputed. If the letter includes information on Moneyclaim online, use these details to log on and dispute the claim.

Thanks for a quick response my wife has not had any correspondence with Lowell in the past or any other company relating to the same mater


will start steps posted above first thing Monday do you think I should phone shop direct has they provided a reference number to find were goods have been delivered to a address and dates

eggo1

Also if its a catalogue dept wouldn't a 5k limit build up over a number of years, has I think most catalogue's only start with a £100-£300 limit to build up trust before increasing your credit limit

rizla_king

happy_bunny wrote: »

and seek help on here:
http://www.legalbeagles.info/forums/forumdisplay.php?105-Received-a-Court-Claim

Good plan as they enjoy giving lowells a good kicking in court and are good at it.

PaulW922

Although it is mentioned above, I shall say it again; you MUST log in to Money Claim Online and acknowledge and defend the claim. You have to do that within the time limits laid down on the paperwork. You can enter a simple defence along the lines you give above - i.e. your wife has never had a catalogue account with Shop Direct. Just talking to Shop Direct or Lowells is NOT sufficient.

If you do not, then the creditor can claim for judgement in default and you will then be in the 'collections mechanism'. It may seem unfair if the debt is nothing to do with you but collection of consumer debt like this is very automated and to be fair (ish) lots of people probably take out catalogues, buy goods then move away and never pay.

PaulW922

eggo1 wrote: »

Also if its a catalogue dept wouldn't a 5k limit build up over a number of years, has I think most catalogue's only start with a £100-£300 limit to build up trust before increasing your credit limit

I agree that is the case for people new to credit but for those with an established history much larger limits can be the norm.