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Tiggerneedshelp

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  1. Quick update! I went for it, I couldn't have it worry me for the next few hours so I copied and pasted and went through the steps. Hope it's right :/ Have an amazing day all xx
  2. Morning guys, merry Christmas to you all. Today is the day I have to submit my defence thing by 4pm. I haven't received anything from Lowell at all, only a standard reply from Carter. Do I click to dispute the whole claim on MCOL? and then do I copy and paste the above defence into it, I'm worried I'll get it wrong and am I supposed to submit a witness statement today too or is that further down the line? Thank you all.
  3. Ok, so I figure I pretty much wait it out until my 4pm deadline and work on a defence? I found the following defence which seems similar to mine and changed the relevant details to fit, would this be right? Do I need to add anything? I'm still waiting to hear from Lowell for the CCA. DETAILS OF CLAIM 1. This claim is for £336.30 the amount due under an agreement between the original creditor and the defendant to provide finance and / or services and/ or goods. 2. This debt was assigned to/ purchased by lowell portfolio 1 ltd on the 24/11/2011. Particulars Re: Shop Direct A/C no : The claimant also claims interest pursuant to S69 county court act 1984 at a rate of 8% per annum. From the date of the assisngment of the agreement to the date but limited to a maximum of one year and a maximum of 1000 amounting to 26.90. DEFENCE 1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2) It is accepted that I have had financial dealings with Shop Direct in the past but have no recollection of the account details or the amount referred to in this claim.Until such time the claimant can disclose the necessary documents that this claim relies upon the claimants claim is denied. 3) I am not aware of any Assignment of any alleged debt nor do I have any recollection of any Notice of Assignment pursuant to the law of property act 1925. 4) On receipt of the claim I requested copies of any documents or information that would support the claim. The request was made on 28th November 2015 (sent by recorded delivery) by CPR 31.14. The Claimant has failed to provide any evidence of assignment/balance/breach. 5.Furthermore I have a made a request under section 78 of CCA1974 for a copy of this agreement. I understand that until their compliance, the claimant is unable to request any relief or enforce any agreement. 6) As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 7) Therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement or contract; and (b) show what finance and / or services and/ or goods they refer to; (b) show how the Defendant has reached the amount claimed for; and © show how the Claimant has the legal right, either under statute or equity to issue a claim; 8) As per Civil Procedure rule 16.5(4) it is expected that the claimant prove the allegation that the money is owed. 9) By reason of the facts and matters above it is denied that the claimant is entitled to the relief claimed or any relief at all.
  4. I've had a reply from Bryan Carter Solicitors. I haven't figured out how to include a picture so I'll type it as is. Dated 3 December. "We write further to your recent letter of 28 November 2015, requesting disclosure pursuant to part 31.14 of the Civil procedure rules. We confirm the claim form was issued by county court business centre and that court's protocol was followed when issuing the claimant's particulars of claim. Practice direction 7C point 1.4 (3A) eliminates the requirement to attach the documents to the particulars of claim when they are issued by this court. We confirm this matter will lost properly be allocated to the small claims track as this is a simple contractual matter and part 31 of the civil procedure rules will therefore not apply. In any event the notice of default and assignment left the control of the claimant when they were dispatched to you. It is the original creditors policy to issue statements throughout the duration of the agreement and, in this regard, we ask you to refer to your own records. We confirm our client is not agreeable to an extent in. For filing your defence. As you will be aware a claim was issued in the this matter on 24 Novemenr 2015 and we are in receipt of your acknowledgement of service and we note your intention to file a defence. We recommend you seek independent legal advice." Can anyone tell me in laimens what that means to me please.
  5. Needing more than inspiration Andrew lol. I have no clue what I'm defending, or what any of it means. I'm not lacking in the brains department but when you panic, nothing makes sense, nothing is making sense! I owe the money, I don't understand what/how I defend :/ Lots to read tomorrow, hopefully with a clearer head. Hoping the language reads as plain English too and not legal jargon, it isn't helping the brain take it in.
  6. Thank you Andrew. I've read through it and will do so again tomorrow, my brain is struggling to take it in. I have no clue what I'm doing and have suffered info overload.
  7. No worries I'll get on that tomorrow and send it off. What happens once they receive the letters?
  8. The Lowell one wouldn't be the original agreement with Littlewoods though would it? I've posted a letter to both Littlewoods and the Solicitors just now. This is my timeline, not sure if it's right. Date of Issue: 24th Nov 2015 Date Acknowledged: Sat 28th Nov Sols/Littlewoods letters sent: Sat 28th Nov Sols Date to Reply by: Wed 9th Dec (5+7 is that right?) Littewoods date to reply by: Fri 11th Dec (12+2) Defence date: 4pm Fri 25th Dec What happens now? Thank you for your help it's massively appreciated.
  9. I've looked on clearscore.com and it isn't showing any existing debt/account from Littlewoods only Lowell opened 29th march 2009. MCOL AOS Figured it out
  10. Name of the Claimant- Lowell Portfolio LTD Date of issue – 24 Nov 2015 Date of defence - 4pm fri 25th dec What is the claim for – 1.This claim is for £336.30 the amount due under an agreement between the original creditor and the defendant to provide finance and/or services and/or goods. This debt was assigned to/purchased by Lowell Portfolio I Ltd on 24/11/2011 and notice served pursuant to the law of property act 1925. 2.Particulars RE- Shop Direct A/C No xxxxxxxx And the Claimant claims £336.30 3.The claimant also claims statutory interest pursuant 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 26.90 What is the value of the claim? £448.20 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Littlewoods catalogue When did you enter into the original agreement before or after 2007? May 2007 which I would assume takes the original agreement sometime before that. Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. lowells Were you aware the account had been assigned – did you receive a Notice of Assignment? Probably Did you receive a Default Notice from the original creditor? Probably Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Unsure Why did you cease payments? I had a crap period of life and everything went to pot. Just being honest What was the date of your last payment? Yesterday (28/11/2015), I panicked, I sent it to littlewoods though, not lowell. Before then was 21/1/2014. All payments were sent direct to Littlewoods from my bank account. Even though Lowell had the debt, I didn't acknowledge them. Each letter they sent me the amount was less because I'd been paying littlewoods. Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No, I went off my own accord and paid £1 a week. Nothing came of it so I carried on. Thank you.
  11. I received an N1SDT today from Lowell for an old Littlewoods account. I do owe it and was paying it £1 weekly until quite a while back. Long story short, I moved 90 odd miles away, life took over and the debt was forgotten, my bad! Could someone help me with the way forward please. I don't mind paying I would just like to avoid a ccj if that's possible. Thank you in advance, Sherry.
  12. Wow so was I surprised to have a reply in my inbox from such an old post. But then I thought maybe I should just reply and update so others can see how I got on. So... A very lovely lady pm'd me and I gave her the details of the 2 bailiffs. She checked them out, turns out 1 of them wasn't certified which was my saving grace to sort this mess out. She then sent me a letter to add detail to and forward onto Rossendales stating that I knew he wasn't and requesting they send the debt back to my council where it shouldn't have left in the 1st place as I was on benefits. I then sent an email to my local MP detailing everything that was happening and also my council office asking them to take the debt back. Lo and behold, I received a phone call from Rossendale claiming there was no record of such bailiff on there pay roll, I told them to tell me in writing. Haha, a letter arrived from them, he did work for them, he was on training at the time and should of had a certified bailiff with him at the time t be able to levy on goods. They were dropping any extra charges on both debts. I though this was great, I was getting somewhere. Then I had a letter from my local MP, she was disgusted with what had happened, she had writen to my council stating such and that she was very troubled knowing they were working along side such a company. So, she had my debts taken back to the council and also had them arrange for it to be taken out of my benefits. I was over the moon x x x I just want to say thank you for the great help I had from this site, it truely is a god send, thank you every1 x x x
  13. Thank you all for your replies, I have passed on your advice. Please if anyone else knows of anything else or another possible way, to let us know. Thank you again, you are all wonderful people x x
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