just like to add they were chasing me for 1210.00 and with court fee, solicitor's cost it was 1456.80 and now they are saying it's 1531.76 in the evidence

Right then I have today received their evidence for court and it shows an agreement between my wife and shopdirect even though it's not for when she opened the catalogue its date 3/12/06 and we aren't sure what it's for as the catalogue was opened pre 2004 but guess that doesn't matter really. There is nothing I can do now is there? I sent a CCA request and didn't ever get anything back and now they are using it as evidence even though they ignored my request and if they had sent it to me then I could have sorted this and now they are asking for my defence to be thrown out as I have no leg to stand on. Do I now contact BC and try sort out payment plan or just let the courts decide how much I pay?

Can they strike it out though? They still haven't produced the Credit agreement and I very much doubt they would accept anything under the full amount and then they would use it as admission wouldn't they?

WITHOUT PREJUDICE Dear Miss Pugh We have been notified by the court that you have filed a Defence to this claim. In an attempt to settle this matter before hearing and in order to avoid either party incurring further costs, we confirm that our client is prepared to accept payment of the full balance by monthly instalments. Please insert an affordable sum in relation to your financial circumstances in the blank space in the proposed Order and sign and return it to us within 7 days. Provided the amount is reasonable we will sign the Order and send it to the court to be sealed. Alternatively, if you would prefer to settle this debt now then please contact us on 0845 for a settlement figure. Please note that if you default payment then Judgement may be entered against you and if you are in any doubt as to the consequences of signing the consent order you should seek independent legal advice. We look forward to hearing from you and hope we can agree to settle this matter without the need for a Court hearing but if we do not hear from you we will apply to Court to strike out your Defence at hearing which, if successful, may result in further costs being payable by you. yours sincerely BC

ok wasn't sure if you get notifications for my thread. Thanks for letting me know what to do next Russell

I've had a reply from the courts and now I have had a reply from BC Dear Miss Pugh please see attached copy of letter sent to the court confirming that the claimant wishes to proceed with the claim at this time. The claimant agrees in principle to mediation. We should also be grateful to hear from you in relation to without prejudice negotiations and you may contact us on 0845 ******* Do I contact them because as far as we are concerned there is no agreement and Lowell have still failed to provide us with one as our CCA request on 2/9/14

yeah I did straight away and I can't I just can see the summary of it. Thanks again though you are one brilliant guy!!

Thanks but I just submitted it before I saw your post and have no way of altering it now do I?

I will update you as to what happens next when I hear something! Hopefully its good news

yeah thanks i'm so grateful for your time and advice and I just hope it goes our way but whatever happens I will definitely be making a donation to help keep this fantastic site going

Thanks I did put can't admit or deny but have no changed it to deny! I have altered points 1 & 2 now

just another question before I try and change it, I have no idea how to answer point 2! I have no idea if they did or didn't serve a notice tbh and do I then also make my points 1&2 as they are now 3&4. Do I admit entering into agreement with them even if nothing was ever signed or simply deny I ever did?

ah right thanks very much I will have a go at it now and let you know when it's done to see if it's any good if you don't mind

Thanks for taking a look for me and I don't know what else I can add to points 1 and 2 except that my wife never physically signed anything entering into an agreement. I'm sorry if i'm being dumb here but I really don't understand what i'm meant to put regards rusty

Is this any good or do I need to remove anything? Particulars of Claim 1.The claimant claims 1,210.00 the amount due under an agreement between the original creditor and the defendant to provide finance and/or services and/or goods 2.The debt was assigned to/purchased by Lowell portfolio Ltd on 05/04/2010 and noticed served pursuant to the law of property act 1925 Particulars RE Shop direct The claim includes 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 amounting to 96.80 Defence 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. 1.The defendant denies entering into an agreement with the original creditor and owing them £1,210.00 for finance and/or services and/or goods 2.The defendant denies that a noticed was served pursuant to the law of property act 1925 or any other legal assignment that was allegedly served to the defendant over 4 years ago from either the claimant or original creditor 3.On the 02/09/2014 the defendant made a request to Lowell Portfolio under the consumer credit Act 1974, sections 78, to see a copy of any credit agreement and a statement of account. To date they have not supplied me a copy of the agreement or a statement of account as required by law . 4. On the 02//09/2014 I requested information pertaining to this claim by way of a CPR 31.14 request to Bryan Carter Solicitors LLP. The claimant has declined to supply me with this information and also declined an extension for me to file my defence. 5. The particulars of claim are vague and unsubstantiated with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to :- a. show how the Defendant has entered into an agreement or contract with the Claimant; and b. show how the Defendant has reached the amount claimed for and c. show how the Claimant has the legal right, either under statute or equity to issue a claim 6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 7. Furthermore, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 and 196 of the Law of Property Act 1925 and Section 82 (a) of the Consumer Credit Act 1974. 8. The claimant has failed to comply with sections 111 AND 1V of the pre action conduct practice directions. The Claimant has failed to even acknowledge any request made by myself, via recorded delivery, regarding disclosure of documents in order that I may plead effectively. 9. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.