Thanks dx. I couldnt make head nor tail of it. Experian is the only one I can use as have not had a debit/credit card for years. So the original £166 debt climbs to £457.88 with all the interest.......... wow!! Still off it will drop in January & will be clean again

Could someone please take a look at this for me its my credit report from experian. I am confused reading it, i'm seeing 0 nothing owed & then a debt. How can I go from owing nothing to a debt.. ... i'm probably a bit thick on reading it correctly. Apologies for being upside down I couldnt flip it. cra report.pdf

No CCA to Lowell & CPR to BW...... just checked!

Thank you unclebulgaria67, I can and will.

Right ok thank you understand that may be the cca from BW (which it clearly isn't) but why have Lowells sent me another claim letter for the same debt.

But I havn't had mediation because they have produced no paperwork etc., Why would they then send another claim letter for the same account telling me they will refer it to court you cant submit the same claim twice surely? Does not make any sense whatsoever.....

No, it says nothing more than please find enclosed copy of agreement (which it clearly isn't)

I have to say I am getting a little confused & annoyed at this bunch of idiots. This morning Ive had a letter of claim from Lowell's???? regarding this very same claim informing me that if I dont pay by 28th August they will issue court proceedings against me (that would be twice then for the same debt). I have also received from BW a copy of terms & agreements which is not signed no dob no telephone no on & no account no either...... no nothing.

Thanks Andy, will await & see if they carry it through, I would quite welcome the fact that they intend to go to court with no paperwork available, under that pretence you could say that anybody can be taken to court with no proof of debt...... Bloomin joke!!

Had a call from Court Mediation today, I explained that I had no reply to a cpr & cca request & was unable to mediate without this information. She agreed that it would be difficult without this but could still mediate if I wanted. I refused as I did not see the point when I'm not in possesion of all the facts/figures needed to be able to do this. If the lowlifes had this information they would have sent it & also in the name it was taken out in not in my married name. So I now await to see if it is referred to my local court.....

Thanks dx100uk I will await their call, I must also add at the date they are saying I opened this account I was not married so should the claim not be in my maiden name or is that irrelevant.

Just an update on this case, today I have received an email regarding mediation which is likely to take place on 28th August, however there are 3 questions I have to be able to answer yes to before this can take place. No 1 Flexibility from both side...... Yes to that No 2 I have to confirm that I have enough information on the claim to allow me to enter into negotiations & that I do not require any further evidence from the other party before the appointment..... Well this is a big NO as they have not answered my requests for the CCA or the CPR.... So what do I do now?

Understood now & thanks Andy I was loosing the will to live.

3. I am unable to recall any of the precise details of the alleged agreement or any default notice served in breach of defaulted payments.As the claimants plead in their particulars with precise knowledge of the default then they are put to strict proof to evidence such fact. Will this surfice, I think I now understand what you meant by reading that thread

If cannot remember if I received a default notice from the original creditor & as for failing to make payments it was probaby due to loss of job. I have looked through other posts as per advise on here #4 and can find no information or help on what to post for this. I am not trying to be unhelpful or ungrateful but I am now stuck as to what to put

Is this of any use? 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.

Ok fine, but I am at a total loss as to what my reply should be to this, I am trying but getting nowhere with it

Ok fine but in my original post for defence this is what was point 3 ( The Claimant is denied section 69 interest to the value of..... which they have included within the alleged debt it has yet to be judged and is at the discretion of the Court to allow any interest.) I presume it was removed as it was incorrect & not answering the point. I have had a look around the forum for pointers but am at a loss as to what to reply with, a little help would be gratefully appreciated

Ok, is this is what is missing? 3. The Claimant is denied section 69 interest to the value of..... which they have included within the alleged debt it has yet to be judged and is at the discretion of the Court to allow any interest.

Good afternoon guys, could someone please take a look over my defence please Particulars of Claim 1.The claimant's claim is for the sum of £343.60 being monies due from the defendant to the shop direct finance company ltd under account ref ******* 2.And assigned to the claimant on 17/01/2011 notice of which has been given to the defendant. 3.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. 4.the claim also includes statutory interest pursuant to section 69 of the county courts act 1984 at a rate of 8.005 per annum. a daily rate of £0.08 from the date of the assignment of the agreement to to 17/01/2012 being an amount of £29.28 My Defence The defendant contend that the particulars of the 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.Paragraph 1 is noted.It is accepted that I have had dealing with Shop Direct in the past but any alleged balance is and remains in dispute. 2.Paragraph 2 is denied as I am not aware of any legal assignment or notice of assignment allegedly served. 3. Paragraph 3 is denied.I am unable to recall any of the precise details of the alleged agreement or any default notice served in breach of defaulted payments.As the claimants plead in their particulars with precise knowledge of the default then they are put to strict proof to evidence such fact. 4. On the 05/05/2016 (sent by recorded delivery) I requested information to this claim by way of a CPR 31.14 request and a section 78. The claimant has declined to respond to that request and remains in default of the section 78 request and until such compliance is unable to request any relief connected to the alleged agreement. 5. On the 26/04/206 (sent by recorded delivery) I also requested a information pertaining to this claim by way of a CCA Request. The claimant has failed to respond to that request and until such compliance is unable to request any relief connected to the alleged agreement. (a) Show how the defendant has entered into an agreement; (b) Show how the Claimant has reached the amount claimed for, and © Show how the Claimant has the legal right to, either under statue or equity to issue a claim. 6. As Civil Procedure Rule 16.5(4), it is expected that the claimant prove the allegation that the money is owed. 7. Furthermore, if 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 1928 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' 9. By reasons of the facts and matters set out above, it is denied that the claimant is entitled to the relief claimed or any relief.

Just an update, CCA Request sent 26th April signed for 29th April - No reply to date CPR Request sent 11th May signed for 13th May - No reply as yet Am I now ready for getting my defence together as the claim was issued 5th May & if I am correct is due to be filed by 6th June

CPR sent this morning, I have also checked my credit report: Account started 21/07/07 Default date 10/01/11 Default balance £166. Is there anything more to be done at the moment. Thank you

Thank you, I acknowledged the claim yesterday will send the cpr in the morning & read thread

Name of the Claimant ? Lowell Date of issue – . 5th May 2016 What is the claim for – 1The claimants claim is for the sum of £343.60 being monies due from the defendant to the shop direct finance company ltd under account ref ******* and assigned to the claimant on 17/01/2011 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.the claim also includes statutory interest pursuant to section 69 of the county courts act 1984 at a rate of 8.005 per annum. a daily rate of £0.08 from the date of the assignment of the agreement to to 17/01/2012 being an amount of £29.28 What is the value of the claim? £457.88 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Catalogue Debt When did you enter into the original agreement before or after 2007? Ime sure before this date 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. Debt Purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? No Did you receive a Default Notice from the original creditor? No Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? Job loss What was the date of your last payment? Not sure 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 managementicon plan? No

Hi All, I received a letter of claim from Lowells & BW Legal re shop direct Acct on 26th April saying to reply by 4th May or a claim will be made against me. I sent Lowells a CCA request the same day to which Ive had no reply as to date. On the 5th May I received a claim form in the post (thought it was fake at first as was a photcopy) After having a look on this forum I have registered online with MCOL today & acknowledged the claim & ticked defend all. I there anything else I should be doing. Thank you