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  1. Hi, thank you for your replies. I have just filled in the court thing on MCOL. I have also printed off both SAR requests and I have typed up letters to go to Lowell and Very. I will post them on Tuesday when the post office opens so I can send them recorded delivery. I have seen somewhere on here that sometimes Lowell drop the case before it gets to court. Do you think that there is any chance of this? Is the fact that I am arguing the amount rather than defending the claim (because I am not in a position to do that) going to make it less likely? Thank you for making me feel clearer about this.
  2. Hi, thank you for your replies. Sorry if I am leaving bits out, it is not on purpose, I am just so nervous. I have attached a couple of photos of the cooker. It started off a little bit and has gotten bigger quite quickly. Its a Hotpoint cooker, so I would really have expected it to be of better quality. The cooker cost just under £400 and the hoover was £130. I need to go through the statements, but I did receive all of the things that I ordered. I think that they added a few late fees etc on and now they have added court costs. The bill is £1500 (without court costs). This amount includes the cooker and hoover. I am sending off a SAR right now. What do you think is the best thing for me to do? I really do not want a CCJ because I won't be able to afford to pay it and I am scared that the bailiffs will come round. I really have nothing left for them to take. The only thing that I have not sold is my mobile phone but that's so old I would be lucky to get £30 for it. Other than that I have already sold my laptop and TV etc to pay for my rent. Thank you
  3. Hi and thank you. Below is the details about the hoover and cooker: Hoover: I bought this in July 2019. It stopped working in January 2020. Cooker: I bought this in September 2019. It started to rust in December 2019. I phoned Very about both of the items at the same time in January 2020. The person on the phone only asked me about the late payments, they were a little rude. Because of this I wrote a letter to Very at that time to explain the situation. I did not receive a reply. I wrote to them three more times, but all I ever got back was letters saying that I am behind on my payments. I still have copies of all the letters. I still have both the hoover and cooker at my house. The rest of the money I think that I do owe for items that I have that are OK. I would like to argue the court fees because they would not talk to me they ignored my letters and emails (but I guess that is my tough luck). Sorry, I forgot to add that I entered into the agreement after 2007. I think I started it in 2017.
  4. Hi, I am new here, any advice would be really appreciated as I have never been sued before. I don't know what to answer on the claim form. I do owe them some money, but I don't want to pay for items that are faulty as well. Plus I tried to explain to them that I could not pay but they ignored me and sued me anyway. I just don't know what to do. Name of the Claimant ? Lowell Portfolio 1 Ltd Date of issue – 24/03/21 Particulars of Claim What is the claim for – the reason they have issued the claim? 1.The claim is for the sum of £1500 due by the Defendant under an agreement regulated by the Consumer Credit Act 1974 for a shop direct account with an account reference of XXXXXXX. 2. The Defendant failed to maintain contractual payments required by the agreement and a Default notice was served under s.87(1) of the Consumer Credit Act 1974 which has not been complied with. 3.The debt was legally assigned to the Claimant on 20/07/20 notice of which has been given to the Defendant. The claim includes statutory interest under s69 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 £90.00. The Claimant claims the sum of £1590.00 What is the total value of the claim? £1590 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? They sent me a letter on 25th Jan headed Particulars of Claim. I emailed them back on 2nd Feb trying to talk about it with them, but they ignored it. 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? na Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Online Catalogue 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...) ? yes 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. It has been assigned to Lowells Were you aware the account had been assigned – did you receive a Notice of Assignment? no, but I have had letters from Lowell asking for money Did you receive a Default Notice from the original creditor? yes Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? no Why did you cease payments? I did not have enough money to pay them. I lost my job and I now have several debts that I just can not afford to pay What was the date of your last payment? December 2019 Was there a dispute with the original creditor that remains unresolved? Yes, I mainly bought large items from them over a period of time. One of these items was a cooker (bought in September 2019). The cooker started to rust on the top hob part. It was clearly in a damaged state within a couple of months of buying it. Plus one of the items that I bought from them was a Henry Hoover (bought in July 2019), this stopped sucking up anything. I have checked the hoover for the filters and the bag etc and I can not see why it is not sucking at all. I called and asked to get these repaired or replaced and they refused to help me until I made payments which I could not afford to make. I have written to them explaining that I need to sort it out and that I would make payment as soon as I could but I needed to fix the items or they would be out of the return period and I would still be paying. I was ignored. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes, I wrote and emailed them to say that I had no money and that I was trying to organise myself. I had not just stopped making payments for no reason. I hope to sort my finances as soon as possible. I told them that I had sold my TV and laptop etc to pay my rent arrears and that I was still barely able to pay my current rent.
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