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Lowell taking me to court for JD Williams Catalogue debt


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Hello everyone,

I took out a JD Williams catalogue in 2003, I defaulted in 2009.

 

The debt was with Reliable Collections until it was sold to Lowell Portfolio in Dec 2012.

 

The original debt was £815, it is now £240.

 

I couldn't tell you when I last made a payment,

I was hoping to reclaim charges but never got round to doing it.

 

I received claim form from Northampton County Court last week and

 

I don't really know what to do.

 

The total amount they are claiming for is £326.25.

 

I don't want this to go to court.

 

The money I owe is mainly made up of charges,

which is why I was going to try and reclaim them.

 

What do I do?

 

I want to defend it but tbh I am quite scared by the whole court thing.

any thanks

 

Lisa x

Pinklisar

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Hi

I have moved your thread to the legal issues forum where more help will be available than where you were.

 

Can you post the Particulars of Claim but without any identifying data apart from the date

If you are asked to deal with any matter via private message, PLEASE report it.

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Thank you :) I wondered where it had gone.

 

These are the particulars of the claim.

 

The claimant's Claim is for the sum of £xxx.xx being monies due from the defendant to the Claimant

under a Mail Order agreement regulated by the Consuer credit Act 1974 between the Defendant and (Catalogue).

 

Under account reference number xxxxxxxx and assigned to the Claimant on 20/12/2012 notice of which has been given to the defendant.

 

The defendant failed to maintain the contractual payment under the terms of the agreement

and a default notice has been served and not complied with.

 

The claim also includes statuary interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8.00% per annum

(a daily rate of 0.05) from the date of issue (17/02/2014) being an amount of 21.25.

 

I don't know how relevant it it but I'm pretty sure I never signed a credit agreement and the catalogue was taken out before 2007.

 

Lisa x

Pinklisar

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yes, I want to defend, it says I can go online. I think I have a few more days before the deadline.

Issue date 18/02/2014 + 5 days (day of service) = 23/01/2014 + 14 days to respond = 09/03/2014. Is this right? than another 14 days to send in a defence?

Pinklisar

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Yes but don't leave it to the last days...we had problems last night trying to submit a defence on the very last due date.

 

Andy

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I'm a bit confused as to what to do next.

 

I want to defend this claim but what do I do next,

 

do I fill in an Acknowledgement of service,

 

Do I admit only part of the claim (I will pay for anything I purchased but not the charges and admin fees.

I'm pretty sure the admin fees and charges will amount to more than the claim id for but don't want to do anything wrong that will get me in trouble)

Pinklisar

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You acknowledge service first irrespective of how you wish to proceed.....you defend all if you do not agree or dispute...anything less will be an auto CCJ.

We could do with some help from you.

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Dont worry about that ignore

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 OTHER

 

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i've been having troulbe accessing my online claim so emailed MCOL and they have said to submit my defence by email. I am assuming I fil in the Defence form and scan it and send it back. What is my defence? Do I put down that these are mainly made up of charges and I want to claim them back? What do I do after I have submitted my defence as well? Do I SAR Lowell or JD Williams?

Pinklisar

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Might as well post it as you are doing so early...once submitted you do nothing ..wait for the courts acknowledgment.

 

With regards to the DSAR it goes to the OC but it may take up to 40 days for a response which will be way past your defence deadline.

 

Andy

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