Lowells taking me to court for unpaid charges to Shop Direct

[Anlli]

I have just had a county court claim from Lowells Portfolio Ltd regarding a catalogue debt of £144 (now £226 with court costs).

 

I had an account with GUS Ltd dating back to the 1980s but this was taken over by KandCo a few years ago.

 

I always paid my debts but was a bit lax about doing so on time, but it didn't used to matter with GUS as long as I paid it.

 

When Kays took over it all changed I started getting charges amounting to £24 each time I was late,

 

in the end I got fed up with it,

 

in July 2011 I paid off my balance and emailed them telling them I was closing the account.

 

I didn't get a response but another statement showing another £24 charges added (because I had paid it after the due date).

 

They continued to add charges until it was £144 and a debt collector took over the harrassment.

 

Apparently Lowell has bought the debt, which I wasn't aware of.

 

Can anyone advise me where I stand with this, is there anything I can do?

Edited October 11, 2013 by Anlli

[dpick]

Hi I am not an expert I believe that as Lowlifes have started a court claim you should counter claim for the charges and interest applied to the account you may find that Lowlifes owe you money or it could clear the debt.

 

dpick

[ims21]

I have moved your thread to the legal forum where the guys will be along to help as soon as they are available.

 

In the meantime, can you tell us the date of issue of the N1 form and type up the Particulars of Claim verbatim but leaving out anything that may identify you.

[Anlli]

Thank you.

 

Particulars of claim states:

 

"This claim is for 144.00 the amount due under agreement between the original creditor and the defendant to provide finance and/or services and/or goods.

 

This debt was assigned to/purchased by Lowell Portfolio I Ltd on 09.03.2012 and notice served pursuant to the Law of Property Act 1925.

 

Particulars Re Shop Direct Ac No ********

 

And the claimant claims 144.00

 

The claimant also claims interest pursuant to S69 County Court Act 1984 from 09/03/2012 to date at 8% per annum amounting to 17.92"

 

The form is dated 9th October

[renegadeimp]

Standard bad POC from lowell as per usual.

[dx100uk]

you need to defend all

 

if you know ALL the £12 charges [late/over/letter etc]

even the ones paid already

 

pop them in this spreadsheet

[individually]

 

put SD's int in cell D15

 

CISheet v101.xls

 

dx

[Anlli]

I haven't got a lot of my statements, I stupidly got rid of them when I was still using the account because I could access them online, which obviously I can't now. I can work out a couple of years worth of charges (which is probably the worst period) by checking payment dates on my bank statements with statement dates. Will this be good enough?

 

I used to pay when I had the money, rather than on the correct date. Once I paid early - before the statement date, and they still charged me because it wasn't within the allotted month!

[dx100uk]

do the charges you have proof of outweigh their claim total?

 

dx

[Anlli]

I have statements showing £180 of charges, they are claiming £144 plus the extras, total of £226.92. The whole of the £144 is charges they have added since I paid off the balance.

[dx100uk]

pop them in that CISHEET I sent you

post 6 that will add their int [put shop diects int rate [APR] in cell D 15]

 

dx

[Anlli]

I've done that it comes to £210.33

[dx100uk]

that's almost the full claim then

not taking into account the other charges that you know are there

but yet have details of

the SAR will get those.

 

dx

[Anlli]

How does that work when the claimant is Lowells and charges were paid to Shop Direct?

 

When I complete the counter claim do I specify an amount? I only get 28 days to submit a counter claim and the SAR can take up to 40?

 

Thanks

[dx100uk]

you dispute the sum owed.

 

you 'a' total

 

you can additionally refer to more charges that you yet have the complete details for.

[Anlli]

At the risk of sounding a bit stupid, what does 'a' mean?

[dx100uk]

oh that came out funny.

 

try again.

 

you dispute the sum owed.

 

you have 'a' total which almost meets the sum asked [does before court cost anyhow]

 

you can additionally refer to more charges that you yet have the complete details for.

[AndyOrch]

Particulars of claim states:

 

"This claim is for 144.00 the amount due under agreement between the original creditor and the defendant to provide finance and/or services and/or goods.

 

This debt was assigned to/purchased by Lowell Portfolio I Ltd on 09.03.2012 and notice served pursuant to the Law of Property Act 1925.

 

Particulars Re Shop Direct Ac No ********

 

And the claimant claims 144.00

 

The claimant also claims interest pursuant to S69 county court Act 1984 from 09/03/2012 to date at 8% per annum amounting to 17.92"

 

The form is dated 9th October

 

Hi Anlli and welcome to CAG

 

Its important to keep your eye on the dates here....you have 33 days days in total subject to your intended plea.5 deemed served so 28 remaining.14 Days to complete your acknowledgement of service and if defending a further 14 days to submit any defence.

 

I would advocate you request a copy of this agreement they refer to by way of a section 78 request (Letter N in the library templates.) Enclose a £1 Postal Order send recorded delivery and print your name on the request.

You can use CPR 31.14 for a copy of the Assignment should you require it unless you have already got and retained it.

 

Do the above asap and keep your eye on the dates...acknowledgement first...defend all I assume and we can draft a suitable defence to see this off...forget counter claims and spread sheets...it wont wash.

 

Regards

 

Andy

[dx100uk]

thanks andy

 

dx

[Anlli]

Thank you, and thanks to dx100uk also for the advice. I've found the section 78 request letter, who do I send it to? Is is Lowells? I will do that today and post tomorrow. I have found a letter from Shop Direct informing me that they have assigned the debt to Lowell does that count as a copy of the assignment? If it's not is there a template or sample letter? Does that go to Lowells?

 

Do I still send the SAR?

 

Many thanks

[AndyOrch]

Yes send to Lowells they are now the legal owner and head it " I do not acknowledge any debt with your Company " on the reverse of your PO write payment only section 78 request.

Ok you have the NoA (Notice of Assignment) so dispense with the CPR request.

 

Only DSAR if you need copies of statements....it can take 40 days for a response so wont be much help with regards to drafting a defence.

Not that you need anything further.

[Anlli]

Thanks, I'll get on and do that, I doubt very much whether they have the agreement as I started the account over 30 years ago. So I acknowledge the claim and wait for a response to my letter, then come back here for some more advice?

[AndyOrch]

Yes you have until the 27th Oct to complete the AoS which you can do on line MCOL....you can AoS any time up until that date.

[Anlli]

I just had a thought, when Kays took over from GUS, they gave me a new account number, do I need to put both in the letter or one or the other? That's if I can find the old one.

[AndyOrch]

The account number quoted in the summons.

[Anlli]

Thanks so much, you guys are amazing!