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Carter/lowells court claim old catallogue debt


Buzzybeee
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" Can anyone help? If I do not get anything back from Lowell regarding the CCA ... And BCS have not sent anything through regarding the CPR request ... This claim can be struck out? "

 

 

Only if a DJ decides to

so you may wish to give the Consent some consideration.

 

 

Regards

 

 

Andy

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If they can not comply with a cca request and buzzy is adament that no agreement was signed would that not be a defence. I am of course aware that fighting a claim might not be everyone's idea of fun and the bigger picture needs looking at as well.

Any opinion I give is from personal experience .

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If they can not comply with a cca request and buzzy is adament that no agreement was signed would that not be a defence. I am of course aware that fighting a claim might not be everyone's idea of fun and the bigger picture needs looking at as well.

 

 

Cant be struck out for those reasons by the defendant....If the DJ requests disclosure of the agreement they must disclose if they do not he will strike it out.A defence as already been submitted that puts the claimant to strict proof.

 

 

Have we not already had this conversation once this week fletch? or is this de ja vue?

 

 

Andy

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Andy you misunderstand or didn't fully read what i said.

You suggested giving the consent some consideration.

I was suggesting that there is a good defence that can be used in court.

I thought you were suggesting to roll over and all i was saying is that not everyone has the fight in them to go all the way and that there is no shame in that.

Any opinion I give is from personal experience .

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Agreed fletch but that's a decision for Buzzy...... but I take your point.

 

 

Andy

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Totally agree. Do what is best for you.

 

Thanks guys, well I think I will have to strongly think about the constant as time is running out and there's not enough time for the 7 days for the CCA from Lowell's.?!

 

I don't really see another way... I need to keep this off my CR.

 

I do feel I'm backed into a corner :-(

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No rush to accept the Consent at this stage...retain for later in the process he has offered it now up to you when/if you wish to use.

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Ignore that he cant impose time restrictions...that's to force you so he doesn't have to respond to your Defence and submit a DQ with fee...all costs time a further expense and reduces the debts profitability...don't forget they probably bought the debt for 3p in the £1.

 

 

Andy

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Having said that, although you don't have to respond within time it is essentially a 'voluntary' offer and can be withdrawn so just be aware that if you try to accept the offer further down the line there's nothing to stop the creditor saying ' sorry, too late, offer withdrawn'.

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But then you can propose one.....

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Ignore that he cant impose time restrictions...that's to force you so he doesn't have to respond to your Defence and submit a DQ with fee...all costs time a further expense and reduces the debts profitability...don't forget they probably bought the debt for 3p in the

 

Andy

 

Rightio! Thanks :-) I'll carry on with the CCA request then ... Well wait for the response!

 

Thank you!

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  • 2 weeks later...
Absolutely, it's a negotiation but I just wanted the OP to be clear that it's entirely a voluntary process so if they arbitrarily decide to withdraw an offer or refuse one then there's nothing that can really be done.

 

Now i'm worried .... have sent CCA request to Lowell over 12 days ago now ... no response , didnt reply to the consent form , and now have received a questionnaire from the court?!

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Why are you worried BB .....you didn't actually think they would respond to your CCA request did you?

 

Directions Questionnaire is simply the next part of the proceedings.

 

Regards

 

Andy

We could do with some help from you.

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Why are you worried BB .....you didn't actually think they would respond to your CCA request did you?

 

Directions Questionnaire is simply the next part of the proceedings.

 

Regards

 

Andy

 

Hi there Andy, Not worried about the CCA request , worried about the consent form now... if I have made the right decision.

 

I have until the 3/2 to send the questionnaire back .... it says that the claimant will have to pay a fee also, should I hold tight till the last minute to see if BC sends it back first?

 

Also do I need to tell the Court that I have requested the CPR from BC and CCA from Lowells and no response ? or is that further down the line?

 

many thanks

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Hi there Andy, Not worried about the CCA request , worried about the consent form now... if I have made the right decision.

 

I have until the 3/2 to send the questionnaire back .... it says that the claimant will have to pay a fee also, should I hold tight till the last minute to see if BC sends it back first? :thumb:

 

Also do I need to tell the Court that I have requested the CPR from BC and CCA from Lowells and no response ? or is that further down the line? Further into the process

 

many thanks

 

Regards

 

Andy

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  • 2 weeks later...
Regards

 

Andy

Morning! So I got a letter this morning to say that he has sent back the questionnaire ... And has tucked yes to meditation ... And he is looking forward to me contacting him for negotiations ....

 

I am ready to send mine back and not signed the yes to med due to the fact that I have no CCA and no CPR ?

 

Is that right?

 

Many thanks

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You must still agree to mediation...CCA/CPRs are nothing to do with the process of the claim.

 

Regards

 

Andy

We could do with some help from you.

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  • 3 weeks later...
You must still agree to mediation...CCA/CPRs are nothing to do with the process of the claim.

 

Regards

 

Andy

 

Right have now got a phone call I need to ring back, any tips on how to conduct it?

 

No NOA from. BC or CCA from Lowell's ..... So do I just carry on to allow a judge to decide? Is it enough evidence? Or lack of it so to speak?

 

Thanks :-)

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Just clarify why you dispute the debt and what you require to settle/agree.

 

Andy

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Just clarify why you dispute the debt and what you require to settle/agree.

 

Andy

 

I dispute the amount due to charges and PPI on a account I did have.

 

Would I be better to agree a payment plan!? Then chase the catalogue company for the charges and PPI?

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