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jon1974xy

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  1. Hi everyone, had some good news, at least I think! I had received a letter from the court with a proposed court date, but shortly afterwards came a letter from Lowell with a signed court document stating that their client had advised them not to pursue the case, and a signed court document stating that they wanted to withdraw the case! I then went to look at my credit report on Noddle and I requested them to remove this alleged debt from my credit file. A short time later I got a letter from Noddle stating that Lowell was refusing to comply with this and so they couldn't do anything, and advising me to speak to Lowell directly. I am obviously now wanting to get this removed from my credit record, please could anyone advise on how this could be done? I am eternally grateful to everyone here for all of the kind help and support, it has really helped me out and I am so glad that at least this is over with.
  2. ^ I'm not sure what the above means, sorry! Had my telephone mediation today. I stated that I have still never received an itemised list of items purchased and when and how much they cost etc... Lowell's claimed that the piece of paper which just states how many items were purchased and how much I owe and nothing more is enough proof to go to court. I stated that I wasn't going to hand over £1400, with only a generic statement of an account with a £1000 limit and no list of purchased items and I was therefore told that the matter will probably proceed to court. Obviously worried about this but I doubt there's anything I can do at this point. Any advice at all would be appreciated!
  3. Hi everyone. I finally received a response from the court before my court case I have to have a telephone mediation in a few days. I just wondered if anyone had any tips or advice for this? I'm particularly interested to see if there's a specific law that says the creditor has to provide an itemised list of things that I allegedly purchased, and when and how much they cost? This has never been provided to me. Other than that is there anything else I should say during the call that will help? Thank you as always for all the help I've received here.
  4. Okay I will take those out. Thank you so much for all the help, going to submit it now!
  5. Thank you so much. Here is the final thing, could you let me know what you think please? 1) The Defendand entered into a consumer credit Act 1974 regulated agreement with Shop Direct under account reference XXXXX ("the agreement"). 2) The Defendand failed to maintain the required payments and a default notice was served and not complied with. 3) The Agreement was later assigned to the Claimant on 11/09/2015 and notice was given to the Defendant. 4) Despite repeated requests for payment, the sum of £1,227.79 remains due and outstanding. And the Claimant claims a) The said sum of £1,227.79 b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accuring at a daily rate of £0.269, but limited to one year, being £98.22 c) Costs **************************************************** The 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) Paragraph 1 is noted. I have had in the past an agreement with Shop Direct but do not recognise the account number referred to by the claimant. It is my understanding that all credit facilities provided by Shop Direct would be regulated and legislated under Credit Consumer Act 1974. 2) Paragraph 2 is denied. I have not received a Default Notice from the original creditor. 3) Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served. 4) On 02/11/2016 I made a CCA Request to the claimant I received a return to this on 17/11/2016 but the reply failed to show a complete breakdown upon how this balance of £1476.01 was reported. 6) The claimant is put to strict proof upon how this balance was accrued specifically with regard to items ordered and the amount of unlawful penalty fees. 7) The claimant has repeatedly failed to provide any proof of the alleged debt despite numerous attempts to request such proof and has never provided any documentation relating to what items were ordered or how the alleged balance due has been calculated. 8) The paperwork supplied by the claimant clearly states a credit limit of £1000, the remaining £476.01, if owed, would represent unlawful charges and unlawfully added sums of money. 9) The claimant falsely stated in their letter of 15/11/2016: As far as our client is concerned, the outstanding balance is due and owing and no verification of your liability to pay the outstanding balance is required. 10) It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement with the Claimant; and (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; As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. On the alternative, 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 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 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.
  6. Thank you, I understand what you're saying but I have no idea what to put in response, please could you point me in the right direction with what I should be putting? Thank you so much for your reply.
  7. Cool thank you. It may also be because I'm having to use a very old windows XP computer borrowed from a friend. When I submit the defence should I include the part at the top in red in the actual defence too?
  8. I've been looking around at similar threads for the past few days. I've added a bit more. Do you think this will be okay to submit? Sorry if this isn't formatting properly. I don't know why it's not 1) The Defendand entered into a consumer credit Act 1974 regulated agreement with Shop Direct under account reference XXXXX ("the agreement"). 2) The Defendand failed to maintain the required payments and a default notice was served and not complied with. 3) The Agreement was later assigned to the Claimant on 11/09/2015 and notice was given to the Defendant. 4) Despite repeated requests for payment, the sum of £1,227.79 remains due and outstanding. And the Claimant claims a) The said sum of £1,227.79 b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accuring at a daily rate of £0.269, but limited to one year, being £98.22 c) Costs 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. On 02/11/2016 I made a CCA Request to the claimant I received areturn to this on 17/11/2016 but the reply failed to show acomplete breakdown upon how this balance of £1476.01 was reported. The claimant is put to strict proof upon how this balance wasaccrued specifically with regard to items ordered and the amountof unlawful penalty fees. The claimant has repeatedly failed to provide any proof of thealleged debt despite numerous attempts to request suchproof and has never provided any documentation relating to whatitems were ordered or how the alleged balance due has been calculated. The paperwork supplied by the claimant clearly states a credit limit of £1000, the remaining £476.01, if owed, would representunlawful charges and unlawfully added sums of money. The claimant falsely stated in their letter of 15/11/2016: As far as our client is concerned, the outstanding balance is due andowing and no verification of your liability to pay the outstandingbalance is required. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement with the Claimant; and (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; As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. On the alternative, 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 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 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.
  9. Thank you again, this is what I have written as my defence for the moneyclaim website. Please can you let me know if it is any good and if I need to add anything else? Thank you so much again! On 02/11/2016 I made a CCA Request to the claimant I received a return to this on 17/11/2016 but the reply failed to show a complete breakdown upon how this balance of £1476.01 was reported. The claimant is put to strict proof upon how this balance was accrued specifically with regard to items ordered and the amount of unlawful penalty fees. The claimant has repeatedly failed to provide any proof of the alleged debt despite numerous attempts to request such proof and has never provided any documentation relating to what items were ordered or how the alleged balance due has been calculated. The paperwork supplied by the claimant clearly states a credit limit of £1000, the remaining £476.01, if owed, would represent unlawful charges and unlawfully added sums of money. The claimant falsely stated in their letter of 15/11/2016: As far as our client is concerned, the outstanding balance is due and owing and no verification of your liability to pay the outstanding balance is required. The Claimant is put to strict proof to; (a) show how the Defendant has entered into an agreement with the Claimant; and (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; As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.
  10. Thank you very much for your reply. I have been doing the best I can to work this out without having my own internet or regular access to a computer and trying to work as much as possible to try to find somewhere permanent to live. It's really not that easy. I've also found it difficult to know exactly where to look and which posts would apply to me, I'm sorry that this all annoys you. I also thought that when I was asked to upload all the paperwork that someone might have a look and offer some help, sorry again. I'm going to just go ahead and submit the defence as well as I can and hope for the best. Sorry again to have bothered you.
  11. Please can anyone help at all? I have no idea how to submit a defence and this has me so scared that I'm not able to sleep. Any help at all with how to do the defence would be greatly appreciated. Thank you.
  12. Sorry for the delay. Here is all the documents scanned in. I apologise for the "free PDF editor" watermark on some pages, it's just how my friend had to do it. I REALLY appreciate all the help I've been getting here and I guess next I just need a little help submitting my defence. As I don't have regular access to a computer or the internet I guess I should get this done fairly soon. Any help on how to proceed would be greatly appreciated! FinalPDF.pdf
  13. Hey I was just wondering if it's safe to upload the documents with my details on or if I should edit everything out first? Thank you.
  14. Okay thanks. I will get a friend to scan it with me tomorrow and upload it asap. It's literally just what looks like a standard Littlewoods credit agreement with my name printed separately at the top. It doesn't have my signature on if that matters at all? The only other stuff they sent were photocopies of alleged letters they sent me telling me they had purchased the debt and demanding payments.
  15. Sorry for being thick but what do you mean exactly by supposed CCA return? Once I know what document you mean I will have to ask someone to scan it for me as I don't have a printer or scanner, but I can do this within 24 hours. Sorry again.
  16. Hi all. Today I received what I think is a rather shocking letter back from Lowell's claiming, from what I can see, that they don't have to provide any proof of the debt! I will type out the letter in full below. I would REALLY appreciate some help with what to do next! Dear XXXXX Thank you for your correspondence. We note the contents and write to advise you that we have requested a copy of the remaining documents relating to your account through our client and will forward these to you upon receipt. Please note that this is for your information only. As far as our client is concerned the outstanding balance is due and owing and no verification of your liability to pay the outstanding balance is required. Please find enclosed a copy of the the statement, agreement and notice of assignment for the above matter. We note that you have returned the Acknowledgement of Service providing you with a further 14 days to respond to the claim form. Please ensure you respond to the outstanding claim within the stated timescale to avoid an application being made to enter judgement against you in default. If you wish to speak to a member of our team, please telephone us between 8:00am and 8:00pm Monday to Friday or between 8:00am and 2:00pm Saturday on XXXXXXXXX. Yours Sincerely Lowell Solicitors Limited Enclosed with the letter is a generic looking Littelwoods credit agreement with my name and account number printed at the top and a statement that my credit limit was £1000! as well as copies of some generic threatening letters that Lowells sent to me. Can it really be true that "no verification of your liability to pay the outstanding balance is required."?? Please can anyone help with what to do next? Thank you so much in advance!
  17. Should I already be entering my defence into the court website now. Please could you link me to a defence that would be suitable for my case? I'm sorry I'm not very good at all this
  18. It's only been just under 5 days since I received the letter. I also don't have access to a printer so I've had to ask a family member to help. I did the acknowledgement the same day. Not sure what you mean about the last part.
  19. Hi everyone. I am planning to send off both letters in the next day or so. I have been really stressed out and frightened by all of this. I just wanted to please ask what the next steps for me are after I send the letters? Do I then have to detail my defense on the court website? Thank you all for your replies.
  20. Thank you. I have done the acknowledgement on the site, defend all and left jurisdiction unticked. I will send the other two letters as soon as I can get access to a printer and get the postal orders.
  21. No. The water one I have started payments for. The gas and electric have not been in touch for a few months and no court action has been taken on either. I currently have no CCJs.
  22. Particulars of Claim: 1) The Defendand entered into a Consumer Credit Act 1974 regulated agreement with Shop Direct under account reference XXXXX ("the agreement"). 2) The Defendand failed to maintain the required payments and a default notice was served and not complied with. 3) The Agreement was later assigned to the Claimant on 11/09/2015 and notice was given to the Defendant. 4) Despite repeated requests for payment, the sum of £1,227.79 remains due and outstanding. And the Claimant claims a) The said sum of £1,227.79 b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accuring at a daily rate of £0.269, but limited to one year, being £98.22 c) Costs
  23. Hi Sham and thank you so much for your reply! Please excuse my ignorance but what is the CCA and CPR things and how do I get started? Should I go onto the court website and state that I want to contest the debt right away? I've been too scared to even look at it all day and worried that I might do the wrong thing. Also, not that I want to go off track from the original problem but I want to give full disclosure, I checked my credit file recently and I have other debts. They are not huge amounts but one is for a mobile phone that was cut off, one for broadband, one for gas and electricity and one for water supply. I also have an old student bank account that is overdrawn. These are all the result of my life falling apart when I lost my job and became homeless. For a long time I was homeless and sofa surfing with friends, this made it difficult to receive post, keep in touch with companies I owed money to, and if I'm honest I wasn't in any position to pay them and was too afraid to deal with them. I have recently just found work and am living in a friends spare room and starting to try to address these problems which are obviously coming back to haunt me and may affect my chances of finding a home in the future. Any help or advice or just a point in the right direction for dealing with all this would be greatly appreciated. As I mentioned before I suffer badly from depression and anxiety and find all this very hard to deal with. Thank you very much again.
  24. Thank you for getting back to me. Here are my answers: Name of the Claimant ? Lowell Portfolio LTD Date of issue – 28 October 2016 Date to file defence - Tuesday 29th november What is the claim for – 1) The Defendand entered into a consumer credit Act 1974 regulated agreement with Shop Direct under account reference XXXXX ("the agreement"). 2) The Defendand failed to maintain the required payments and a default notice was served and not complied with. 3) The Agreement was later assigned to the Claimant on 11/09/2015 and notice was given to the Defendant. 4) Despite repeated requests for payment, the sum of £1,227.79 remains due and outstanding. And the Claimant claims a) The said sum of £1,227.79 b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accuring at a daily rate of £0.269, but limited to one year, being £98.22 c) Costs What is the value of the claim? £1476.01 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? CAT DEBT When did you enter into the original agreement before or after 2007? After 2007 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? Yes Did you receive a Default Notice from the original creditor? I think so Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I think so Why did you cease payments? I simply couldn't afford to pay any more. At one point I was made homeless and I still don't have a permanent home yet. What was the date of your last payment? Approx 2 years ago. 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? Yes, although I was unable to keep up with this due to being homeless. Thank you again, I hope my answers are okay.
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