I received a County Court Claim form for the above alleged Shop Direct debt in March and put in my defence in April.

I have sent the CCA and CPR 31.44 requests but received nothing back.

Now I have received a N149A Notice of Proposed Allocation to the Small Claims Track from the court

and then a letter from BW Legal telling me my County Court Judgement is in arrears!!

Surely if I put in my defence and the debt has not been proven then I shouldn't have a CCJ?

Confused! Please help!

so we have the background

can you fill this out please:

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(1-Viewing)-nbsp

and post up the defence you filed and what date you filed it

also check MCOL upon the status of the claim

Hi welcome to CAG

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

Please put the answers to the questions on the link above into this thread so people have the info to help you in the morning.

Regards

SS

I have experience of receiving a court claim so I have done everything correct with regards to sending my defence on time

and requesting CPR and CCA, etc, so not much point really going over all the details.

The claimant is Lowell Portfolio.

MCOL shows that my defence has been received and DQ sent to me.

My Noddle credit report is not showing any CCJ's.

Since this alleged debt is queried and not proven,

I am unaware of assignments, default notices, last payment made, etc,

which is why I have requested the Claimant to prove the debt.

I'm just wondering if BW Legal are trying to pull a fast one by claiming that I have a CCJ when I haven't?

the CCJ wont show yet anyway

you have 28 days to pay before it appears.

can we please have the info.

its not to check correctness of your actions

but to provide info for those that can help

by having the full picture

so its at the DQ stage,

what date is your hearing?

No hearing date yet, I have to complete form N180

Please read POST #3 and put the answers to the questions here.

Also additional information required.

1. What did you send back as your defence?

2. Date of service on the N180

If you want advice more tailored to your situation you need to help others help you.

I received a County Court Claim form for the above alleged Shop Direct debt in March and put in my defence in April.

I have sent the CCA and CPR 31.44 requests but received nothing back.

 

Now I have received a N149A Notice of Proposed Allocation to the Small Claims Track from the court

 

 

and then a letter from BW Legal telling me my County Court Judgement is in arrears!!

 

 

Surely if I put in my defence and the debt has not been proven then I shouldn't have a CCJ?

 

Confused! Please help!

Correct you don't have a CCJ...the claim as yet to be allocated.....shows you how much they are on the ball:madgrin:

Regards

Andy

Sorry for late reply SabreSheep,

I've had some more pressing issues to deal with and whilst I don't like keeping CAG waiting,

I don't mind keeping Lowells/BW Legal waiting!!

Here are my answers:-

Name of the Claimant ? Lowell Portfolio

Date of issue – 07/03/16

Date to submit defence = 09/04/16 (33 days in total) - [should be 8th claimform date is one of count]

What is the claim for –

1.Claimants claim for the sum of £1500 being monies due from the defendant to the claimant under a Home Shopping agreement regulated by CCA 1974 between the defendant and Shop Direct Finance Co Ltd under account ref XXXXXX

and assigned to the claimant on XX/08/2010 notice of which has been given to the defendant.

2.The defendant failed to maintain the contractual payment under the terms of the agreement

and a default notice has been served and not complied with.

3.Also claiming interest at 8% per annum.

What is the value of the claim? £1750

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Mail order catalogue

When did you enter into the original agreement before or after 2007? Pass,

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? Pass,

Did you receive a Default Notice from the original creditor? Pass,

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Pass,

Why did you cease payments? Pass.

What was the date of your last payment? Pass

Was there a dispute with the original creditor that remains unresolved? Pass

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementicon plan? Pass

Also additional information required.

1. What did you send back as your defence?

The usual, denied, can't recall the debt, prove it and CCA and CPR requests not responded to

2. Date of service on the N180 Issue date is 16/05/16

What date must you return your DQ by ?

Regards

Andy

2nd June.

Can I do it online?

2nd June. Can I do it online?

Not yet that I am aware of.....

So what should my response be to it? I've defended claims before and the claimants have just gone away and I've heard no more so this is the first time one has gone this far.

Also when it says "serve copies on all other parties" am I supposed to copy everything that I send to the court and send to Lowell and BW Legal?

Also, why would Lowell be defending when they and BW Legal haven't furnished me with the information I've requested by CPR and CCA?

So what should my response be to it? Self explanatory yes to mediation yes to small claims track the rest are simple tick boxes I've defended claims before and the claimants have just gone away and I've heard no more so this is the first time one has gone this far.Welcome to the allocation process

Also when it says "serve copies on all other parties" am I supposed to copy everything that I send to the court and send to Lowell and BW Legal? yes.just the N180

Also, why would Lowell be defending when they and BW Legal haven't furnished me with the information I've requested by CPR and CCA?

They are not compelled to furnish anything yet...disclosure follows the allocation stage.

Andy

Strangely enough, postman has just delivered a letter from BW Legal and it's their copy of the Directions Questionnaireby which they have selected to use the Mediation Service. Should I do the same?

see above..already answered

Thanks Andy, that's very helpful of you (I think our posts crossed which is why I hadn't realised you had answered....I must have been distracted by the BW Legal letter I had just opened!).

So at this stage, I definitely have NOT got a CCJ, it's just BWL trying to scare me?

Impossible...claim is only just being allocated and transferred to your local court...that is what the N180 is for.

Ok thanks for confirming Andy. It seems it's the usual scare tactics then!

What is likely to be the next stage once I send the DQ?

You will receive a Notice of Allocation with a time table ,dates and court directions...you must comply with the directions by the dates stated.

I've just noticed BWL have not sent me a copy of the 2nd page of their DQ where it mentions hearing venue, etc. Should I refrain from sending BWL the same page of my DQ?

Its up to you....

so what happened?

dx