Carter/lowells court claim old catallogue debt

[Buzzybeee]

Hi there,

 

I hope someone can help me. being Newbie I am stuck

 

Yesterday I received 2 letters from Bryan Carter solicitors.

 

One Letter and the Other Court forms

 

I have a debt with Lowell who bought the debt from shop direct/LX

 

I defaulted in 2010, and due to having breakdown and being out of work I simply couldn't cope at the time. ( to tell you the truth its all a bit of a blur)

 

I am now getting myself up on my feet and this lands on my doorstep.

 

I don't know what to do? !

 

I really don't want this to end up as a CCJ... as trying to sort myself out and hoping for a mortgage next year.

 

 

do I admit to it?

 

can I try to ask for a settlement figure?

 

do I ask for extra time as most of the Debt is due to Charges on the original account with the cataloge company So I can claim them back?

 

who do I contact the solictors? court or Lowell?

 

Sorry for all the Questions but I am in meltdown over this.

[fletch70]

Hi

Is this a proper claim form from the court?

 

Can you remember when the original account was opened?

 

If you can scan and past up the letters in pdt format removing any personal information.

 

Personally i scan to a jpeg use ms paint to edit then convert to a pdf using a free online jpeg to pdf converter. I use bullzip.

[Buzzybeee]

Hi and thank you for your reply

 

the Original Catalogue account? .... that was probably 2002/2003 ... could be earlier. sorry I can't remember.

 

the form looks like its from the court? .... has response forms with it. and nottingham county court seal, Printed on not stamped.

 

I will try to up the letters. not sure if I can.

[Buzzybeee]

I can't scan in the letters at the moment. Sorry

[fletch70]

Can you type up the particulars of claim?

 

After that it will be a cca request and a cpr request.

They are in the library but i can't post a link till later. One day won't cause any problems.

[Buzzybeee]

I did think of the CCA request.

 

But as I defaulted with Lowell does that mean that I have admitted that the debt was mine? so voids the CCA....

[Old Cogger]

send CCA request withthe £1.00 Postal Order on backwrite CCA1974 purposes only

[ims21]

As a claim has been issued you have a strict timetable to adhere to.

 

What is the date of issue on the claim form?

 

Please type up the particulars of claim verbatim but leave out anything that could identify you.

 

The CPR request which you should send is here

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued.

 

You can ask for any documents mentioned in their Particulars of Claim but nothing else.

 

It will not be Lowell who have defaulted you it would have been the original creditor. Lowell will have updated the entry when they bought the debt.

 

If you admit part of the claim or ask for a payment plan then it is a definite judgement against you and the only way to stop that appearing on your file will be to pay the judgement in full within 28 days of the judgement.

 

Have you got any statements of account so that you can see what penalty charges have been levied?

 

The issue date on the claim form will determine your time-line of what you need to do next with the court.

[AndyOrch]

Pointless sending a CCA request as this is a catalogue debt? How much roughly is the claim for?

 

Regards

 

Andy

[Buzzybeee]

The first letter Dated 13th Nov (received 16th) was on Bryan Carter Solicitors headed paper and said:

 

Re our client Lowell Financial Limited.

 

as you have failed to make repayments we have now issued litigation proceedings in the County court. you will recieve a claim in the next 48 hours ..... it was the next letter I opened....

 

Principal Balance £xxxx

Interest £xxx

Court fees £xxxx

Solicitor costs £xxxx

Outstanding £xxxx

 

 

 

Next letter I opened was :

 

Particulars of claim :

 

This claim is for xxxxx the amount due under agreement between the orginal creditor and the defendent to provide finance and /or services and /or Goods

 

This debt was Assigned to /Purchased by Lowell Portfolio I Ltd on the x/x/2010 and notice served pursuant to the law of property Act 1925

 

Particulars

RE Shop Direct - AC No

 

And the Claimant Claims xxxx

 

the Claimant also claim interest pursuant th s69 county court act 1984 from 19/7/2010 to date at 8% per annum amounting to xxx

 

 

The issue date for this is the 13th of NOV the same of the letter ....

Edited November 18, 2013 by Buzzybeee

[ims21]

Ok so your time line is...

 

Issue date 13/11 plus 5 for service = 18/11 then plus 14 to acknowledge = 2/12 then another 14 to file a defence =16/12.

 

You can do the acknowledgement on line at MCOL by following the instructions that cam with the claim pack.

 

And get the CPR request off.

 

I see andyorch is now on the thread and will be able to give you more detailed help.

[Buzzybeee]

Thank you! I just worked out the service date and started to panic again as its tomorrow! and only received the letters on Saturday.

 

If I file a defence then will they just file a CCJ against my name anyway ? .. sorry so worried about it all

[ims21]

It is your Acknowledgement of Service date which is the important date.

 

If it were me I would acknowledge and defend all but get that CPR request off tomorrow.

 

If you file a defence you will have the chance of putting your case in court so it is not an automatic CCJ.

[Buzzybeee]

right So I get this right :

 

I send off the CPR tomorrow to the solicitors,

I acknowledge the Claim Online , which gives me until the 16th/12 to write up my defence.

 

If the Court doesnt accept my defence,

 

then do I have 28 days to pay in full to stop the CCJ appearing on my Credit file?

 

Many thanks sorry I just dont want to do the wrong thing

[ims21]

right So I get this right :

 

I send off the CPR tomorrow to the solicitors, Yes

I acknowledge the Claim Online , which gives me until the 16th/12 to write up my defence. Yes

 

If the Court doesnt accept my defence, We can help you with your defence. It may then go to a hearing or Carter may pull out (as he has done before)

 

then do I have 28 days to pay in full to stop the CCJ appearing on my Credit file? If you lose then yes

 

Many thanks sorry I just dont want to do the wrong thing

 

ims

[Buzzybeee]

thank you! I have just completed Online acknowledgment forms, so now will prepare the CPR.

 

Thank you so much for tonight you have literally been life savers. will keep you posted and no doubt be back with any results and help needed.

 

you guys Rock!

[Buzzybeee]

morning if theres anyone around!

 

I'm just typing up my CPR letter from the Template;

 

And on the bit where it says delete if not in Particulars

 

the only Partculars on my claim form were the orginal catalogue company name and account number

 

So I have left in :-

 

1: the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2:The default notice

 

4: the termination notice

 

5: statement of account

 

I thought if they don't have these then it would proceed?

 

thanks

[fletch70]

In the POC you typed up earlier you made no reference to the DN or the termination notice, neither did they mention a statement of account.

 

From what I can see all you can ask for is the agreement and the NOA

[Buzzybeee]

yep theres no DN or Termination notice or Statement of account stated.

 

Just the Original Company name and Account number - Right I'll delete the others

 

Sorry for being a newbie .... NOA?

 

thanks

[Buzzybeee]

Notice of Assignment just found out - I'm not sure If I received this, possibly.

[fletch70]

Well ask for it anyway. You should have received it at some point.

[ims21]

If the PoCs you have posted up are correct, your CPR request can only ask for the agreement and the Notice of Assignment.

[Buzzybeee]

Morning! now have flu and received this letter this morning....

 

 

really not sure what to do now .... is this just trying to scare me?

 

thanks

[AndyOrch]

No ...its his standard template response to a CPR request.

 

Regards

 

Andy

[rizlajon]

buzzie hi there. sorry to jump in just reading threads to see wat i can learn cos i have a thread going here to. wat i can say is dont worry ur self silly the guys here that help with info are fantastic they will help u no end. they are helping me now and have done in the past too. id be lost without these guys here