Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
    Basic Account Holder claire99991 Novitiate

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    Default Llowell/BW legal claim form old jd williams debt for 310

    Hi

    yesterday i recieved a letter from northampton court saying i had 14 days to reply with my admission
    or denial at a jd williams debt for 310 pounds.

    This catalouge debt is about 5years old and is mostly charges

    a couple of years ago i got letters from several debt collectorsicon inc llowell

    i sent back proof it letters with the pound postsl orders

    no one came back with anything and
    all went quiet until the court letters

    it wants my employers details income outgoings etc..

    ...i could really do without a ccj!!

    Should i contact llowell and ask them to set up a payment plan?

    Do i tell the court ive done this?

    I only work 16 hours per week and with 2 kids i can set up payment plan.

    Never had a court letter so dont understand it all.

    Thanks in advance

    Claire.


  2. #2
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    Default Re: Llowell taking me to court for old jd williams debt for 310

    Hi

    I have moved your thread to the legal forum in view of the issue of court papers.

    Can you tell us the date of issue as printed on the claim formicon and also type up the particulars of claim verbatim but without anything that could personally identify you.

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  3. #3
    Basic Account Holder claire99991 Novitiate

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    Default Re: Llowell taking me to court for old jd williams debt for 310

    Quote Originally Posted by ims21 View Post
    Hi

    I have moved your thread to the legal forum in view of the issue of court papers.

    Can you tell us the date of issue as printed on the claim formicon and also type up the particulars of claim verbatim but without anything that could personally identify you.
    Hi
    issue date 19th feb but recieved today

    .....its for jd williams catalouge for 310 pounds plus court fees...

    . Have no idea what to do with it.

    How do i go forward is it possible to set up payment arrangments without getting a ccj now

    or am i going to get one anyway?

    Thanks x


  4. #4
    Basic Account Holder letsgetitsorted Novitiate

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    Default Re: Llowell taking me to court for old jd williams debt for 310

    if you can type up the claim details how they appear on the form, remember to delete any personal information and account numbers...someone with more knowledge will be along soon...
    1 question though when did you take out the account for the catalogue


  5. #5
    Basic Account Holder claire99991 Novitiate

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    Default Re: Llowell taking me to court for old jd williams debt for 310

    'the claimant's claim is for the sum of 390.21 being monies due from the defendant to the claimant
    under a mail order agreement regulated by the consumer cedit act 1974
    between the defendnt and jd williams under the account ref *********
    and assigned to the claiment on the 20/12/2012

    notice of which has been given to the defendent,

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

    the claim also includes intrest to section 69 of the county courts act at a rate of 8.00%

    catalouge was taken out roughly 5 and half years ago. (most of this amount is charges)

    where do i go from here

    im loosing sleep over this

    i really dont want a ccj and

    just need to know if me contacting lowell

    and setting up oayment arrangments is enough to stop this going any further.

    thank you


  6. #6
    Basic Account Holder letsgetitsorted Novitiate

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    Default Re: Llowell taking me to court for old jd williams debt for 310

    If you make an arrangement to pay, and they accept, from what i have read they will still continue with the claim unless they can say they will discontinue with the claim, but you will need that in writing....do not phone lowell or carter do everything in writing, that way you have a written record send all letters recorded delivery.

    At the moment, I and quite a few others have also received claims from Carters/ Lowells they send these out like confetti.

    Personally i am not worried about the claim, as they have failed to produce the documents they are relying on to take this to court.

    when they send the claims out, they hope that the individual will just pay what they are after, what they don`t like is when the defendants stands up to defend the claims.
    Lowells and carters send these claims out without checking whether they are right or wrong. meaning they dont have the correct paperwork in place when the claim is issued.


    You have the following timescale to go with, You have 33 days in total subject to how you decide to proceed.
    5 days from date of claim for the claim to be deemed served so 28 remaining ...14 to Acknowledge service and if defending a further 14 to submit a defence.
    first thing you need to do is acknowledge the claim online www.moneyclaim.gov.uk there is password on the claim formicon to use for this.
    when you do the acknowledgement tick that you want to defend all ( if you do) and do not tick the jurisdiction.

    hope that helps

    Lets


  7. #7
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    Default Re: Llowell taking me to court for old jd williams debt for 310

    You need to send the CCA Request to whoever has sent you the Court papers.

    You also need to send the CPR31.14 to the same people, asking for
    a) Agreement
    b) Default notice
    c) NOA
    d) How the debt is made up

    http://www.consumeractiongroup.c o.uk...redit-Act-1974

    http://www.consumeractiongroup.c o.uk...as-been-issued.


  8. #8
    Basic Account Holder claire99991 Novitiate

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    Default Re: Llowell taking me to court for old jd williams debt for 310

    Quote Originally Posted by havinastella View Post
    You need to send the CCA Request to whoever has sent you the Court papers.

    You also need to send the CPR31.14 to the same people, asking for
    a) Agreement
    b) Default notice
    c) NOA
    d) How the debt is made up

    http://www.consumeractiongroup.c o.uk...redit-Act-1974

    http://www.consumeractiongroup.c o.uk...as-been-issued.


    Ok

    I may as well defend it if they are going to give me a ccj anyway??

    This debt has been passed around a handful of DCAicon's and

    when I've sent cca requests nothing comes back
    all goes quiet for a while and
    then another crops up.

    I'll acknowledge the claim defend it and

    send the CCA Requesticon and

    other kettle mentioned recorded delivery to Lowell tomorrow?

    Thank you will keep this updated x


  9. #9
    Basic Account Holder claire99991 Novitiate

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    Default Re: Llowell taking me to court for old jd williams debt for 310

    Other letter (silly predictive txt)


  10. #10
    Basic Account Holder letsgetitsorted Novitiate

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    Default Re: Llowell taking me to court for old jd williams debt for 310

    the request for CCA to lowell send recorded delivery that way you will have proof of delivery the CPR request to Carters again recorded delivery


  11. #11
    Basic Account Holder claire99991 Novitiate

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    Default Re: Llowell taking me to court for old jd williams debt for 310

    Quote Originally Posted by letsgetitsorted View Post
    the request for CCA to lowell send recorded delivery that way you will have proof of delivery the CPR request to Carters again recorded delivery
    Think it's bw legal or sumthing so I'll send CPR to them thanks x


  12. #12
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    Default Re: Llowell/BW legal claim form old jd williams debt for 310

    send them a CPR & A CCA Requesticon.

    do not signicon the letters
    get a hold of your credit file too

    does this show?

    I notice several previous threads involving JDW cat debts.

    have you ever sent them and SARicon?

    dx


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  13. #13
    Basic Account Holder claire99991 Novitiate

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    Default Re: Llowell/BW legal claim form old jd williams debt for 310

    Hi i registered on the website to acknowledge the claim online, i clicked i wanted to defend it says what are my reasons for defence, what should i out in the box or have i clicked on the wrong part? i havent submitted yet as not sure what to put, other letters have been posted to llowel and bw legal.

    any advice be great never done this before.

    thanks


  14. #14
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    Default Re: Llowell/BW legal claim form old jd williams debt for 310

    You are just acknowledging at this stage you submit your defence at 28 days.

    Please consider making a small donation to help keep this site running

    If you want advice on your thread please PM me a link to your thread
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  15. #15
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    Default Re: Llowell/BW legal claim form old jd williams debt for 310

    Quote Originally Posted by andyorch View Post
    You are just acknowledging at this stage you submit your defence at 28 days.
    Quote Originally Posted by claire99991 View Post
    Hi i registered on the website to acknowledge the claim online, i clicked i wanted to defend it says what are my reasons for defence, what should i out in the box or have i clicked on the wrong part? i havent submitted yet as not sure what to put, other letters have been posted to llowel and bw legal.

    any advice be great never done this before.

    thanks
    Hi I'm in exactly to same position! So keeping eyes on your progress and following advice given on here.



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