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    • Name of the Claimant ? Lowell portfolio ltd   Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 22 July 2021   Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) -    ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Particulars of Claim   What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down. The claim is for the sum of £5734.20 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 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. The debt was legally assigned to the claimant on 29-06-20. notice of which has been given to the defendant. The claim statuary interest under S.69 of the county courts act 1984 at a rate of 8% per annum form the date of assignment to the date of issue of these proceedings in the sum of £458.74. The claimant claims the sum of £6192.94   What is the total value of the claim? £6747.94   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes   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? Never changed Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? 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. Debt purchaser   Were you aware the account had been assigned – did you receive a Notice of Assignment?  I cannot remember   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? My wife was hospitalised after the birth of our baby girl, i had to look after my two other children plus my wife and new baby, also lost my job and I had to try and manage everything and I couldn't cope.   What was the date of your last payment? Nov 2019   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? Give answer here  
    • Irrelevant really...I assume they have submitted their main statement...that's the only one that will be taken into account....any further statements supplemental are normally disregarded anyway.
    • You wont be late filling with the court...if your late serving with the claimant then that will depend if they are late serving you. Both parties wont be penalized for the same none complience. 
    • Thanks Andyorch, I believe my WS should reach the court and Lowell  by tomorrow as the court date is 10th August. This means Lowell's should reach me by tomorrow. What penalty  could I incur for late presentation? What is the latest you think I should post my WS? Thanks.
    • Responding to your PM jason.   the statement is fine in support of your initial defence.....its very difficult to draft a statement when you are not in receipt of the claimants statement as you are not aware of the major points that they will be relying on so difficult to counter.   Lets see if you get theirs on time I would delay sending their copy until you receive theirs...
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Is this valued correctly? Am I being fussy?


bladerunner204
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Hello All

 

First time poster, glad such a forum exists, willl be one of my dialy reads from here on!!! AWESOME

 

My issue is as below, if I can get a view on what my options are?

 

I bought a laptop from PCWORLD in Staines in Aug 2011, my criteria was backlit keyboard, dedicated graphics with HDMI and the fastest processor possible which was the i7, so I found the HP Envy 14, 2002EA very appealing.

 

The sales guy asked me " So why the fastest processer, what you going to be doing on it?" so i expalined its for work and I dont like a slow laptop, " ah right, so business use?" to which I replied "Yes" so instead of the Club insurance I got the Premier Insurance at £14.00 a month, the reason? well if your laptop goes away for repair you will get a loan! That was the selling point of the "Premier"

 

Laptop worked nicely, until May 2012 when it gave off a horrible burning smell, went in for repair to be picked up Saturday, "we dont have any loan but can put you on the waiting list.." Is what I got when I mentioned. Needless to say I did not receive a loan and the laptop was away for 8 working days rather than the 5 promised.

 

Laptop came back repaired worked for 20 mins and burnt out again, so again no loan to give to you sorry sir, will put you on the waiting list, by the end of the week I had not heard back so I went and bought a new laptop as I needed one.

 

Eventually they wrote off the HP Envy, gave me the voucher code popped into the store and they had matched the specification and offered me another HP, which turned out to be an i5, priced at 499.99. You can imagine my reaction to that!!

 

I questioned this as mine was an i7, anyhow alot of time later and many phone calls it transpired that the INTERNAL PCWORLD website had the incorrect specs so they corrected their mistake and offered me the cheapest i7 priced at 799.99. It was a Toshiba it looked nice so I took it, however the speakers popped on this machine so I have just returned it today.

 

After thinking it over and using the not so good toshiba I started to feel extremely angry so glad I was able to return that however now I have 799.99 on a gift card I am out of pocket by 1100-799.99= 299.00

 

and also the 10 insurance payments of 14/month =£140

 

Now since HP provide a years manufacture warranty, why should the customer have to loose out on a 1/4 of the laptops value? I feel very very angry now considering I have 7 warranty/insurance agreements with them.

 

again I will be looking to possibly cancel all of them if i do not get anywhere, so far the Staines manager has offered to ring up head office and see if they can up the voucher, my local Slough store were not even willing to do this. Again no promises.

 

If the store can not get anywhere, where do I go next?

 

Thanks for reading and apologies for any grammar, spelling its late and I am not happy

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wy buy any extra warranty / insurance

 

WASTE of MONEY

 

SOGA covers everything and MORE for FREE!!

 

pers i'd reclaim the usless insurance.

 

as for the LOSS of what you paid as to what they are offering.

 

its spec for spec, not a monetary comparison sadly.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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to be honest I dont have the time, I have it for the ease of it and since the kids use a few of them they do tend to go wrong after year 1... hence the insurnce.

 

anyways definitely going to be cancelling it tomorrow, EVERY POLICY!

 

Please elaborate on the " reclaim the useless insurance"? how they state that the laptop was written off by our insurers, so basically I invoked the claim etc so i used it

 

and when you say spec for spec, do you mean the main core specs or down to the nitty gritty as my main reason was the backlit keyboard as i type alot in the dark, now at 799.99 no laptop has that spec

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the laptop went wrong, under soga it should be repaired or replaced or refunded.

certain 'rules' apply

 

but soga invalidates the need for most extra insurances/warranties.

 

as for any warranty, that is on top of your statutory rights under soga

 

the only need for insurance is that of the commission the salesman/company get

from selling it.

 

there was no need to envoke the insurance as it should be all done under soga.

 

for free

 

i'd specifically ask 'what' benefit the insurance is to you, when it's obv a clear soga case

 

as for reclaiming it

 

well thats another matter, but the insurance iis obvnot needed

in this case and in all intents is useless bar lining their pockets

 

you might have to swallow the fact of no illuminated keyboard

unlesss you identify a second hand model and demand cash to buy it.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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id argue the case over the backlit keyboard theres a few models that have it i beleave and i would argue its part of the features of the model

Edited by labrat
  • Haha 1

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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I agree with Labrat, If you are making an insurance claim, tell them the back-lit keyboard was a required feature, and as such you require that on the replacement. Insurance companies use the "like for like replacement" to give cheaper computers as time goes on, so you use it to get the best you can :).

 

Insurance is only good in case of an accident, so if you wanted that cover I find it cheaper to get my laptop adding to my home contents insurance. Other than that it sands like your troubles were a SOGA issue anyway, and if you didn't have insurance these faults should have been repaired (unless it was misuse by your kids)

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

to

923 Finchley Road London NW11 7PE

 

 

Click here if you fancy an email address that shows you mean business! (only £6 and that will really help CAG)

 

If you can't donate, please use the Internet Search boxes on the CAG pages - these will generate a small but regular income for the site

 

Please also consider using the

C.A.G. Toolbar

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You are of course correct, misuse is the wrong word.

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

to

923 Finchley Road London NW11 7PE

 

 

Click here if you fancy an email address that shows you mean business! (only £6 and that will really help CAG)

 

If you can't donate, please use the Internet Search boxes on the CAG pages - these will generate a small but regular income for the site

 

Please also consider using the

C.A.G. Toolbar

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