Bryan Carter - 48hrs till Claim Issue - old Cat Debt - Claim Form Received

[Kjh85]

I have requested Section 78 request and have not received a response. Therefore it has not been proved that the claimants are entitled to bring this claim.

 

PPI is payable on this account to the same amount or greater than the debt accused.

 

Previous addresses have been used by the claimant, when they knowingly had the correct address. Address that has been used has never been associated with any credit agreement and therefore I can only assume that this address has been used to cause an unfair advantage to the claimant in getting a CCJ issued under default.

[AndyOrch]

Well before anyone can advise you need to type out their particulars of claim (verbatim less any identifiable data) of what the Claimant is suing for.

[Kjh85]

The claim is for £212.41

the amount due under an 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 15/03/2010 and notice served pursuant to the law of property act 1925

 

Particulars

Re: shop direct - choice

A/C no xxxxxxx

 

And the claimant claims 212.41

 

The claimant also claims interest pursuant to S69 county court act 1984 from 15/03/2010 to date at 8% per annum amounting to 65.47

[AndyOrch]

Well yes technically I do owe the money.

 

However, the letters being sent from Lowell and Bryan Carter were being sent to my Mums address where I haven't lived for 8 years.

 

It's not a case that I haven't informed of new address either as Lowell had my current address.

 

So these letters as far as they know are not received by me.

 

The court claim form also went to my mums.

 

What if me and my mum didn't speak?

Or she had moved out?

I would never have got that form and the ccj would have been awarded through default.

 

Also I'm pretty sure I'm owed ppi through shop direct as I know I had the insurance for at least 3/4 years and had some fairly big purchases from them.

 

I don't think they've gone the right way about it as they have used an address I have not had a financial link to for 8 years.

 

So why have they used that address rather than my current?

 

To get the CCJ ordered by default as they thought I wouldn't receive the paperwork and therefore wouldn't defend?

 

Okay Kjh Im acting as devils advocate here.so dont take this personally.

 

Previous or last known address is deemed by the courts as lawful service so the DJ will slap them on the wrist and state you should have sent it to the current address.....however do you owe this debt?

 

You wont find a defence drafted with regards to wrong address...there are none...because its not a point that can be used in a defence....if they already had default judgment and you wished to set a side and you had a valid defence then thats a different matter.

 

With regards to the PPI I would advocate you request a DSAR and quantify the amount and submit your own claim...assuming the amount claimed in this claim is correct I personally would pay it ...not worth a CCJ for six years on your CRA.

 

Regards

 

Andy

[Kjh85]

But it isn't last known address that's what I don't understand. I have my current address, they've written to me here. I have my previous address where the credit agreement was and they've written to me there.

 

The address that they have written to was before that so surely they can't use a very old address when they know current addresses??

 

So do I not submit a defence?

[Kjh85]

Also I cannot afford to pay it outright. Would they still allow me to set up a payment plan of £5-£10 a month as that is all I can afford? Or shall I wait and see the outcome of the SAR and CCA?

[AndyOrch]

You could submit a holding defence which puts them to strict proof to disclose and confirm they have the legal right to purse the debt...I can assure you they will not respond to your CPR/CCA request before you submit any defence.

[Kjh85]

How do I go about doing that please?

[AndyOrch]

Well I have just typed into the search box Shop Direct and found this (it is one of mine) you may have to edit to suit.

 

1. Paragraph 1 is neither admitted or denied with regards to the defendant entering into an agreement referred to in the Particulars of Claim (‘the Agreement’) the Claimant has yet to disclose any such agreement.

 

2. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant the claimant has failed to provide any evidence of assignment/balance/breach as requested by CPR 31. 14 and the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

3. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

4. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974.

 

5. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

 

Alternatively ring MR C and request a consent order with payment arrangements say over 5 payments and you may even avoid a CCJ.

[Kjh85]

Ok thank you very much. Does the balance have to be settled in 5 payments to avoid a CCJ? Is it even worth submitting a defence?

 

I don't know what to do now. This debt was from an ex of mine ordering from my catalogue without my knowledge but obviously I can't prove that

[AndyOrch]

No thats just a random affordable figure...he may suggest 2 payments....who knows till you approach him? Obviously if he states no chance you will have to submit a defence..this will allow a little more time to get payment together from somewhere if you wish to avoid a CCJ.

[Kjh85]

Is it best to do this in writing rather than over the phone?

[AndyOrch]

Phone is quicker ....test the water and if hes interested then put it in writing and request he draft a Consent Order.

[Kjh85]

Ok thank you