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Re-think on submitting defence


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Could do with some URGENT advice please.

 

I received a court claim from Lowell's in January, & completed acknowledgement of service as requested. At the time, I stated that I would defend in full. Deadline being tomorrow 28th Feb.

Unfortunately, family bereavement & my own health (which tend to affect concentration & memory) have led to me lose track of time-scale, & unable to prepare any defence.

 

This claim is for an amount outstanding from 2008 on an old catalogue. From the paperwork in my possession, I last made a payment in Sept 2008, with a balance of £333.49. It would appear that with admin charges, and "peace of mind plan" this had escallated to £545.95, by the time Lowell's took ownership in Jan 2013.

The amount with court costs now total £718.83.

 

As I'm unable to present any case, I feel my only option now is to come to some payment arrangement. Can anyone advise me on how to proceed with this.

A) Do I contact or email the court & say I'm not submitting a defence?

B) Do I make contact with the claimant & sort out a payment plan with them?

 

I know that a CCJ will be entered against me, as there isn't any way of paying amount in full.

Hope some kind person will advise.

 

Grateful thanks,

Leyla

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Just type Lowell in to the search box (top right in the grey strip) there will numerous lowell threads with catalogue debts all containing defences that you can edit to suit.

Try submitting a defence.... don't make it easy money for them.... you will be suprised how they change their attitude and agree a compromise on settlement once you have submitted.

 

Regards

 

Andy

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Thanks for the reply Andy.

 

I've had a good look at other threads, but most have been sensible enough to send away for relevant documents to give leverage for defence. Afraid, I only have a few of the original statements, & letter informing me of sale to Lowell Portfolio. I have made no requests at all for further information!

 

As final day is tomorrow, I haven't a clue as to how I could submit anything. If anyone has any suggestions, or can help me draft some form of acceptable defence, i would definately appreciate it.

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Makes no difference whether you have requested information or not simply remove that from the defence but still put them to proof.In most cases catalogue debts do not have a written agreement...your first purchase and payment is deemed as an acceptance of their Terms and conditions and forms the agreement.

 

Im sure we can get a defence together for tomorrow......do you really want a CCJ for 6 years for a delinquent debt thats been inflated by debt purchasers who probably paid 10p in the pound for it?

 

A CCJ will probably be entered anyway...but by defending will give you a slim chance of avoiding it.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

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Well, I really am "dim witted!"

Been through my files today, to see what else I had relating to this old account. I have discovered copies of letters I sent to both original catalogue, Fashion World, & Reliable Collections, who were the DC at that time; requesting credit agreement, statement of account & deed of assignment.

 

The catalogue replied in Feb 2009, stating date account was opened (1991). They state that there is no requirement for a "true copy of agreement" bearing my signature, but they have included a copy of the agreement, which they completed and sent to me when account was opened . There is also a breakdown of account back to 2002.

So how do I go about any defence? I f today is last day for submitting- what time does it have to be in by? Haven't a clue how to do this.

Sorry for sounding so pathetic, but my condition does make it very difficult to fathom things out!

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Hi.... here is a defence that you can easily edit to suit...add that you requested a copy of the agreement from the Original Creditor dated xxxxxxx and they still remain in default.

 

To submit your defence follow the instructions on the claim pack and register to use the service...you will then be given a Username...your password is already on the claim pack.

Copy and paste your finished defence into MCOL and then print your reciept as proof of submission.

 

###Defence###

 

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 Procedure 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.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

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