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johnbomo

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About johnbomo

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  1. Hi Everyone, I've just received a claimform for a debt to ShopDirect/Lowell Solicitors. I've been dealing with this one for a number of years, but I've never had a claimform arrive, so I'm a little unsure of what to do next. Any help would be appreciated. ------------------------------------------------------------------- Name of the Claimant ? Lowell Solicitors Date of issue – 07/11/19 Particulars of Claim What is the claim for – the reason they have issued the claim? 1.The claim is for the sum of £882.53 due by the Defendant under the CCA 1974 for a Shop Direct account with the account ref of ******************** 2.The Defendant failed to maintain contractual payments required by the agreement and a Default notice was served under s.87(1) of the CCA 1974 which has not been complied with. 3.The debt was legally assigned to the claimant on 08/01/18, notice of which has been given to the defendant. 4.The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £70.60 - The claimant claims the sum of £953.13 What is the total value of the claim? £1083.13 (including court costs) Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Unsure Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Did you inform the claimant of your change of address? N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Catalog When did you enter into the original agreement before or after April 2007 ? After Do you recall how you entered into the agreement...On line /In branch/By post ? Online Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Unsure 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? Yes Did you receive a Default Notice from the original creditor? Unsure Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? Unsure Why did you cease payments? Unsure What was the date of your last payment? 14/08/17 Was there a dispute with the original creditor that remains unresolved? Unsure, but don't think so Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No What you need to do now. Answer the questions above If you have not already done so – send a CCA request to the claimant for a copy of your agreement - I have done so on 06/08/19 ans received the response on 23/10/19 Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form. There are two different versions - one for Loans/Credit cards the other for Current accounts - I have yet do do this. Should I and how should it be done? So there it is. Any advice would be good. Should I respond to the claim online or by post? What are my next steps. Thank you.
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