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

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.

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.

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.

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.

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.

Thank you! Will do.

Brian Carter are the sols

No worries I'll get on that tomorrow and send it off. What happens once they receive the letters?

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.

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

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.

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.

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

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

I am not sure x x

Thank all of you for your replies. When I was in this position with bailiffs, citizens advice said they could not help as it had gone too far ( so I think this option is a waste of time), then I was referred to this site by my father-in-law. The people here were fantastic and mine is now being re dealt with by the council, who also at the time said it was not their business. We are not sure how to check certification of bailiffs, this was done by someone on this site for me, so I have never done this. Am I wrong in assuming that if she goes online and makes payment through the council website and it goes through that technically they then have taken the debt back?

Thank you for your response. Yes i am sure they entered, I think they followed her through the door. She is not 100% sure but she might have signed ( she had buried her father, so head not in right place, which she told them) She told them about posting payment they basically said tough it was late. We really would appreciate if someone could talk to her directly. Obviously she knows more than I do, I am just trying to help her get started some how, some where.

Hello all, having had the fantastic help from people on this site a while back, I am sincerely hoping someone can help a friend of mine. She is dealing with a council tax debt of which she was paying £44 weekly (she struggled with this) but paid every week. During postal strike she had sent the payment, which obviously was late, she had bailiffs at the door. Which also was the day after her fathers funeral. The original debt was £697.89. She can't really remember signing anything and can not find paper work to say. She had however a notice of seizure, W fee £12, redeem goods £24.50, Levy £46 total £780.39. Have a signiture and a phone number. Then important notice of seizure, saying no charge for visit yet debt is stated as £969.39, also a signiture and a phone number. My friend has tried to phone but is having no luck with an answer. I hope someone can help her. I am just trying to give her a helping hand and would be grateful if I could exchange phone numbers with someone to speak to her directly as she is at wits end.

"It would appear to me that in many of the cases of overcharging by bailiffs, etc., in regard to Council Tax, etc., that bailiffs, bailiff companies, and indeed the local authority they are agents for are clearly committing fraud as defined by the new 'Fraud Act 2006'. As such any case of overcharging or misrepresentation should be reported to the police and the police must investigate each and every complaint" quoted from funnyman on another post. do i need to do this, why should it come down to this? why can these companies just not take responsibilty insted of being bullies? I know in fairness i got myself in this position and it's taken the big bailiff to prompt me into action. But is money that important that this is the way these companies allow thier employes to act?

No they didn't say it WAS Mr S2 the said they have this person with this name, perhaps Mr S1 and Mr S2 have the same first name, he didn't say. But then i didn't really give him much room to talk, i demanded it in writing. Though no post from them as yet, or the council or from my local MP. I did however make payment on both council tax debts online yesterday, so i'll do that every week too. Would i need to request bailiff charges be dropped on the 1st as it is void through the courts, how would i stand with the 2nd though as in fairness it is legal?

Rossendales have rang me today with regards to my email,they are claiming that the bailiff Mr S that wasn't certified basically doesn't exist but that they do have one with a different surname, wic i can't remeber. I requested that I wanted this all in writing. he then went on to say that the bailiff could therefore still enforce the debt, so i kindly told him he would not be recieving anything whilst this matter is in dispute, he disagred and said yes the bailiff would. so any info or advice on my next step would be appreciated. Also have had and email from LCC customer services informing me my email has been forwarded to "Revenues and Benefits section"

I have a debt with Littlwoods catologue, I was paying regular each month when my partner was working. He has since left his job (NTL Installer) as it was making him extremly depressed due to their lack of employee welfare, we are currently on benefits whilst he's job searching. I know i should have taken up their insurance offer when ask but I don't supose leaving your job would be covered. I did make an agreement with which I defaulted, i have 3 small children under 4, other debts etc. Is there any thing I can do or say to them which could help us in any way? we are in receipt of joint jsa, child tax credit and child benefit I have recently been informed that we can claim some from income support due to low income. does anyone know how much the government have said you can live on and if I can claim anything from IS. I would also like to say to all tax payers, my partner left work for valid reasons and is currently looking for another job. we don't like claiming as much as you don't like paying, but like i said we do have 3 small children, but should be up and running again shortly x

thank you chick, will give them a ring in the morning. i've found the correct email add for council tax today so hav emailed them, and i've just found the email add for my local MP so am just in the same process. will let you now all.

thank you anna, the bailiff i'm complaining about doesn't actually have a certificate so i'm not quite sure as to where i would send the form.