Lowell/Carter Claim Form Received on Catalogue debt -*** Claim Discontinued***

[nomoremoney]

Hi all. My wife has today received the following CCJ-

 

It is from a Marshall Ward catalogue account.

I lost my job due to ill health, my wife lost hers due to the recession.

I am now self employed, but only earning a small amount.

My wife is looking after our 2 young children and so is unemployed.

 

We have just checked her credit report.

It is listed as Lowell Portfolio and says-

 

Account type: Mail order

Started: 19/06/2009

Current Balance: £693

Default Date: 22/11/2010

Default Balance: £486

 

I think the last payment was maybe 3 - 6 months before the default date.

 

I'm not sure why the current balance (the amount being claimed for plus interest and costs) is higher than the default balance.

Surely they cannot charge interest on interest or charges.

 

Due to out financial situation, my wife also has 4 other Lowell accounts from the same time.

4 of these are for different overdrafts all from Barclays.

1 is for £1175,

the other 3 are joint accounts totalling about £1100).

The 4th Lowel is for a Barclaycard for £4300,

also listed under Barclaycard as settled and assigned to CAIS member.

 

I myself have a 4k and 2k loan, £200 (with about another £200 charges)

CapitalOne card,

and the above overdrafts all defaulted and with debt collectors.

 

We aggressively receive debt collectors letters and phone calls almost daily (mostly from Lowel and their pretend companies).

But this is the first time any court action has been taken.

 

We wrote to all the companies showing our I&E and offering a token payment, which was refused,

we have ignore all correspondence since.

 

 

However, this catalogue defaulted 6 months or so after all the others, and we never even wrote.

We just stopped paying.

We once had a doorstep collector turn up,

but I lied and said she didn't live here.

We have since moved.

 

We currently each have an active Vanquis credit card with about £3000 combined, never missed a payment.

 

I handle (obviously badly) our finances, my wife doesn't really know anything about how it all works,

and cannot being to comprehend representing herself in court.

 

I,m not sure what to do for the best.

We are in private rented accommodation, but are awaiting council rehousing as we are struggling.

An I&E leaves us about £60 a month short, and that's without including any clothes, luxuries, holidays etc.

We have a mobility car and no assets or savings.

The Vanquis cards will probably last another month or two before we are forced to default on them.

 

First and foremost I would like some sort of statement from Marshall Ward to explain how they have got to this figure as it seems too high.

How do I go about this?

Do I contact them, Lowell, Bryan Carter or the court?

 

Also is bankruptcy an option here?

Is it too late now the CCJ has been issued?

 

Sorry for all the questions and information.

I hope I've been able to give a clear picture.

We are against a brick wall now and don't know what to do.

Any help would be massively appreciated.

Thank you

Edited November 23, 2013 by ims21

[BazzaS]

2) it isn't a CCJ (yet) but is a CC claim (it's a claim, not a judgement)

3) Bankruptcy (or an IVA) may well be an option if your I&E still shows a £60 deficit.

I don't know what happens if you go bankrupt with a CC claim pending (before a CCJ is adjudicated on)

[nomoremoney]

Right from my own research it seems I need to send off a CPR 31.14 request. I'm using the one from the library. Do I send it to the claimant (Lowel) or address for sending documents and payments (bryan carter)? Do I include a postal order and for how much?

 

 

Also do I acknowledge to the court asap or on the last day to give me the most time?

 

 

Thanks

[ims21]

Date of issue of the claim is 20 November plus 5 for service = 25th. Then you have a further 14 days to acknowledge = 29th and then a further 14 to submit a defence = 13 December.

 

CPR goes to the address for correspondence and there is no fee.

 

Are there unlawful charges or PPI on the account which could aid in any defence?

[nomoremoney]

Date of issue of the claim is 20 November plus 5 for service = 25th. Then you have a further 14 days to acknowledge = 29th and then a further 14 to submit a defence = 13 December.

 

CPR goes to the address for correspondence and there is no fee.

 

Are there unlawful charges or PPI on the account which could aid in any defence?

 

 

 

Thanks. The template says I will

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

so I assume I'll get a bill afterwards then?

 

 

I don't think there was any PPI. But the claimant is claiming £693.77 + interest, when the default balance (according to credit report) was £486. I have no idea on what the difference is, genuinely can't remember and have no statements. I'm assuming it's interest and / or charges.

 

 

How do I go about finding this out? Or should I wait and see if they can comply with the CPR 31.14 first?

 

 

Thanks

[ims21]

If they want a fee they will let you know but I believe it is very rare that one is asked for.

 

It is likely that you will get Carter's standard reply to the CPR but send it off and see what happens.

 

Do you not have any paperwork on the account at around the point of default? What about statements of account...do you have any of those?

 

Did you get a default notice?

 

Did you get a Notice of Assignment?

[nomoremoney]

I'll have a good look through our files but it's doubtful I can find them. We had defaults coming though left right and centre, so we probably got one for this but I can't be sure. I'll see what I can find

[nomoremoney]

I've had a good look around but cannot find any paperwork whatsoever in relation to this.

 

Should I go ahead and acknowledge / send off CPR? Surely they should provide a detailed account of how they come up with the money they're claiming? Or does this not apply when the whole debt has been reassigned?

 

Thanks

[Desperate Daniella]

Date of issue of the claim is 20 November plus 5 for service = 25th. Then you have a further 14 days to acknowledge = 29th and then a further 14 to submit a defence = 13 December.

 

CPR goes to the address for correspondence and there is no fee.

 

Are there unlawful charges or PPI on the account which could aid in any defence?

 

I think your dates are a bit out here.

 

Service: 25th. 14 days to acknowledge: 9th December. Plus 14 days to submit the Defence: 23rd December.

[AndyOrch]

Actually both of you are wrong defence is due Sunday 26th Dec:wink:

[ims21]

Ooops...me and my maths....since when has 25 + 14 equalled 29!

 

Sorry guys

[Desperate Daniella]

Actually both of you are wrong defence is due Sunday 26th Dec:wink:

 

No, it can't be that either. The 26th December is a Thursday. Glad I'm not coming to yours on Boxing Day as you wouldn't be expecting me to turn up until the 29th.

[AndyOrch]

29th I ment........or even 31st (bank holidays?)

[Mike_hawk]

Have you considered individual debt relief orders?

 

Your circumstances appear at first glance to meet the criteria

[nomoremoney]

Right so what is my actual timescale?

 

 

Never heard of DRO, just done some research. Sounds ideal but we would both have to do one. I'm worried of the effect it will have on my business.

[Desperate Daniella]

Actually I have been fretting about your timescale for the past 24 hours, but I'm sure andy will explain why it's the 29th.

 

I still make it the 23rd.

 

Issue: 20th November

 

Service: Monday, 25th November plus 14 days to put in an acknowledgment =

 

Monday, 9th December plus 14 days to put in Defence =

 

23rd December.

 

But it may be that andy knows the Courts are shut that week.

 

I don't know enough about DROs to advise. I would think they may appear on your credit files which could possibly affect your business, but I may be wrong, so hang on for further advice.

 

DD

[Mike_hawk]

I make it 23rd too

 

DRO... each of you can apply as individuals. The joint accounts would fall to you to resolve [joint and several] if your better half discharged her liability first.

 

You have until the 9th December to acknowledge the claim and to 23rd to file a defence [assuming you intend to defend]

 

I'd be inclined to use the next few days to speak to National debtline or Stepchange and take some advice. A judgment can be included in the DRO but it will delay matters if the case persists in litigation. Whilst that may appear I'm suggesting you admit the claim, the reality is that if your wife meets the criteria for a DRO and feels it is for her it would make sense to take the easy route 'if' she qualifies.

 

Business accounts.... very much depends on your circumstances and how you trade [sole trader, company limited by liability etc]

[nomoremoney]

Thanks for that

 

 

She's registered with the MCOL website, but it keeps saying the 'Claim number or password is incorrect". Am I being stupid? The claim number is the claim no on the top of the front page, the password is the one in the important notes on the front page.

 

 

I guess I'll have to ring the court tomorrow.

[Mike_hawk]

Have you registered on the gov gateway first?

[nomoremoney]

Yes she logs in with the gateway user id they gave her, but when you try to respond to a claim made against you, it tells us the claim number and / or password is wrong.

[nomoremoney]

I make it 23rd too

 

DRO... each of you can apply as individuals. The joint accounts would fall to you to resolve [joint and several] if your better half discharged her liability first.

 

You have until the 9th December to acknowledge the claim and to 23rd to file a defence [assuming you intend to defend]

 

I'd be inclined to use the next few days to speak to National debtline or Stepchange and take some advice. A judgment can be included in the DRO but it will delay matters if the case persists in litigation. Whilst that may appear I'm suggesting you admit the claim, the reality is that if your wife meets the criteria for a DRO and feels it is for her it would make sense to take the easy route 'if' she qualifies.

 

Business accounts.... very much depends on your circumstances and how you trade [sole trader, company limited by liability etc]

 

 

 

Sorry I missed your post. I'm a sole trader trying to build up some eBay shops. I don't want it to affect my bank accounts (which don't have an overdraft) and paypal.

 

 

What do you mean by her discharging her liability to me? Could I discharge my liability to her, so that the join debts are solely in her name, so that we don't both need a DRO? Hope that makes sense!

 

 

These joint debts, along with all the others, are now assigned to Lowell. I'm thinking if Lowell has any success with this claim, all the rest will quickly follow.

[Mike_hawk]

Sorry I missed your post. I'm a sole trader trying to build up some eBay shops. I don't want it to affect my bank accounts (which don't have an overdraft) and paypal.

 

 

What do you mean by her discharging her liability to me? Could I discharge my liability to her, so that the join debts are solely in her name, so that we don't both need a DRO? Hope that makes sense!

 

 

These joint debts, along with all the others, are now assigned to Lowell. I'm thinking if Lowell has any success with this claim, all the rest will quickly follow.

 

Joint accounts.... each of you would be equally liable, as an example; for a 1k joint loan [or guarantor] both of you could be chased for any debit balance. If your wife entered into a DRO [effectively insolvent] the creditor could only pursue you at discharge. The only means I can think of for you to discharge your liability would be for you to apply for the DRO first.

 

Not sure that it would be suitable for you if acting as a sole trader. ie all financial facilities arranged as John Smith trading as John Smith. There is probably a facility for sole traders but I think a competent adviser should be your first port of call if considering for yourself.

[nomoremoney]

Thanks for the advice. Not sure what to do. Will have to give it some thought.

[Mike_hawk]

You have time, can only suggest you make the most of it. If you want to acknowledge the claim in the short term and respond that you will be defending all it won't be an issue to change position prior to or on 23.12 if the DRO appears suitable

 

MCOL login, not sure what to suggest except mixing and matching the login and passwords you have....... It won't throw you out after x number of failed attempts so its worth the effort of attempting various combinations. If all else fails you can email your aos

 

Link below may assist

 

http://www.justice.gov.uk/downloads/courts/mcol-quickstart-guide.pdf

[nomoremoney]

Two quick questions please

 

 

1. Does our 28 days to file a defence start from the day we file our acknowledgment of service, or from the 14+5 days from the issue date?

 

 

2. Should my wife sign the CPR request? I've read on here that its not required, as they should already be sure of your identity. Also, when it has been signed in the past, it has been known for this signature to have been photoshoped onto a fake agreement when the original does not exist / cannot be found. So would a new signature be best, to catch them out?

 

 

Thanks