Lowell/Carter claimform - old Littlewoods cat Debt ..**Settled by Consent Order** missed payments - now AOE -

[jboyd83]

Ok, so if I send a request to Bryan Carters for the original agreement..

 

..can I also request a list of all the letters they have sent me etc.

 

...and what requests I have sent Littelwoods or not?

 

Im so lost in all the bumf Ive sent that I cant remember what Ive even sent them now.

 

...I think it was CCA because thats what I uploaded onto CAG for people to have a look at.

 

The catalogue was taken out 2007.

 

 

Can anyone tell me..

 

..what happens if it goes to court and they make a judgement that I have to pay whatever.

 

..will they take all our income into consideration-

 

as in mine and my husbands, can they take our car off us etc?!!

 

Will they take the fact we have other debts into consideration?

 

Will it be a reasonable repayment or am I better trying to come to an agreement

with all my creditors myself.

 

Will it continue to go to court anyway even if I was to offer a repayment plan?

[jboyd83]

As mentioned earlier, was this account opened pre or post April 2007.

 

Have they lumped all the debts together or does the figure claimed seem about right?

Im not sure what you mean?....Lumped all the debts together?

 

Did you ever send the SAR to Littlewoods?

I sent a CCA but I cannot remember if I SAR'd them....I think I did but cannot say for certain. I remember sending off lots of requests to different creditors at once.

You need to send the CPR31.14 to Carter asking for the agreement, the assignment, how the debt amount is made up, default notice, Letter before action.

 

Im sorry I havnt got all the relevant answers

[havinastella]

You REALLY REALLY need to answer this question

 

As mentioned earlier, was this account opened pre or post April 2007.

[dx100uk]

for the minute slow down..........

 

you need to send a CCA request and the CRP 31:14 to lowells

 

theres little point in sending carter anything

all you'll get is his std template reply.

 

golook at the other threads concerning carter and cat debt in this financial legal forum

 

there are loads.

 

don't worry about your car or the other debts for now

 

no they cant take it.

 

................

 

you have 33 days to deal with this [submit your defence which we will help with]

 

BUT YOU MUST ACK the claim on MCOL after registering within 19 days from the date on the claimform

[jboyd83]

Sorry Havinastella, I totally overlooked 'April'....will check now.

[jboyd83]

Ahhhh...how the heck do I find out when it was opened? The copy of the Agreement they sent has no date or anything on it....

[dx100uk]

should be on your credit file ?

 

dx

[dx100uk]

look like it was june 2008? by your earlier posts here

 

dx

[jboyd83]

Ok, on noddle now

[jboyd83]

25th June 2008

[jboyd83]

Sorry dx I missed your post advising my next steps....and to calm down....thank you.....Im sick to the back teeth and chewed to bits.

Ok, so I will acknowledge the claim first and foremost.

Then I will send a CCA and CRP 31:14 to Lowells.

 

...and breathe....thank you all so very very much x

[jboyd83]

Acknowledgement of Service done....''Defend all claim''.

[dx100uk]

good now relax for a while

 

info gather time now.

 

but do not forget to file your defence by day 33

 

so what happened about these PENALTY charges?

[jboyd83]

I never actually requested charges back from littlewoods .

..not that I can recall anyway...

 

..Im sure I requested charges from Capitalone and they refused

...then I was stumped at what to do..

..but thats a different issue.

 

Im going to buy myself a little book tomorrow and start writing in all correspondence and dates etc..

 

..I used to file everything and did for a while but then it just started getting ridiculous

and I was running out of ringbinders to fit it all in.

 

...I do have some stuff for littlewoods from different DCAs though,

and Ive printed out my creditfile from Noddle.

[jboyd83]

CRP 31.14 printed off, ready to send tomorrow....

[jboyd83]

Just want to check something...

 

...I sent a CCA off to Shop Direct a while back for this.

..to which they replied with the Reconstituted copy which I uploaded here for you guys to hae a look at.

 

...Ive sent my CRP31.14 off.

 

...should I still send another CCA to Lowells now?|.

 

..should have just put it in with my CRP 31.14 anyway but forgot..

 

..just before I possibly waste another £6 postage.

Thanks a lot

[jboyd83]

Do I still need to CCA them if Ive already CCAd Shopdirect months ago?

 

Recieved a letter back already from Lowells....says Fredrickson International is handling the County Court proceedings on their behalf and so they have passed on the request to them....?

[dx100uk]

yes you do need to CCA LOWELLS

why £6?

use 1st class with free proof of posting.

 

dx

[jboyd83]

Thats what it costs for the postage ive been getting....'special delivery by 1pm track and trace'.....ive always used that just so they cant say they didnt recieve it...and because royal mail have lost stuff in the past....maybe I should just use the one you advise?...its bleedin expensive.

 

Thanks dx, Ill get that CCA off ......so even though Lowells are saying Fredrickson are dealing with proceedings I should still CCA Lowells yes?

[dx100uk]

Lowell/freds/carter all the same

just diff blokes at the next desk in a diff coloured skirt.

 

or more the point. a diff letterhead in the same printer!

 

just like things like default notices

they only have to prove one was 'sent' by the system

 

same goes for you.

free proof of posting is all you need.

[jboyd83]

Ahhh!! Well that will save me 6 quid odd each bleeding time.....thank you DX , youre a good'un

[jboyd83]

Recieved a response from Bryan Carters regarding the 31.14...

 

We conform the claim form was issued by northampton county court and that the courts protocol was followed when issuing the Claimants Particulars of Claim. Practice direction 7C point 1.4 (3A) eliminates the requirement to attach the documents to the Particulars of Claim when they are issued by this court.

We confirm this matter will be most properly allocated to the Small Claims track as this is a simple contractual matter and part 31 of the civil procedure rules will therefore not apply. In any event the Notices of Defaiult and assignment left control of the claimant when they dispatched to you.

It is the original creditors policy to issue agreements at the start of the contract and statements throughout the duration of the agreement and, in this regard, we ask you to refer to your own records.

We confirm our client is not agreeable to an extension for filing your defence.

As you will be aware the claim was issued in this matter on 2 June 2014 and we recieved your acknowledgement of service. Please respond to the claim using the response pack provided by the court. You should comply with the deadlines outlined by the court in order to avoid a default judgement being entered against you.

We reccommend you seek independent legal advice.

Yours sincerely....

....Bill N Ben the flowerpot Men.

 

Thanks

[dx100uk]

that's the std response carter gives to any CPR

that's why we say to sent them to the claimant

whereby carter is involved.

 

dx

[AndyOrch]

Template response

[havinastella]

Absolute mush again from BC