Lowell and scottish claim for old Littlewoods debt

[unclebulgaria67]

Check with the central court in Scotland, as to whether a claim has been made against you.

 

The letter appears to suggest that the court claim has already happened.

[suzimummy1981]

 

Royal Mail tried to deliver a signed for item we were at work

and it turns out it was a court summons for my husband.

 

The debt was littlewoods catalogue and was taken out in 2007

 

when I look on my husbands credit report I'm confused as the default was issued in 2009 by Lowell

but there is no account information by either them or littlewoods before this

in fact littlewoods aren't there at all.

 

I sent a letter recorded to yuill and kyle last tuesday enclosing the letter we sent to Lowell for cca

which we received no reply to and I've had no response from yuill and kyle.

 

My husband is calling the local court today to try to see what's going on.

 

Any advice on how to proceed would be greatly appreciated

 

husband called local court

 

they said there is an "outlying form" there no idea what this is??

 

But no action has been brought as yet

 

the summons will have come from yuill and kyle

and the post office returned this to them last week when it failed to be delivered.

 

I'm going to get my husband to call littlewoods tonight when he gets home

to see if he can find out anymore account information from them we know

he didn't sign an actual credit agreement through the post it was an online account application

as he can recall.

 

If anyone can let me know anything else I can do that would be great.

[dx100uk]

why littlewoods?

 

nothing to do with them

 

they sold the debt on

 

if anything

 

you need to send LW an SAR

 

get all the statements.

 

the debt is prob all £12 penalty fees or PPI anyhow.

[suzimummy1981]

Ok will do that. What do we do regarding yuill and kyle / Lowell ???

[dx100uk]

I've asked the Scottish lot to help!

moved thread too

dx

[citizenB]

When did OH last make payment to the account - ?

[maroondevo52]

Hi,

 

You say you have not received any court papers, a copy of the summons will have to be served, if not by post the Sheriff Officers can hand deliver the summons either by handing it in at the door or posting it through the letter box.

 

I'm taking it this will be a small claim summons depending of the value of the outstanding debt, with any summons there will be two important dates, being the return date and calling date. Usually the return date is the day when the defender must return any document to the court whilst the calling date (always 7 days after the return date) is the date the case will call in court for a hearing.

 

If the claim is undisputed, the pursuer can ask for judgment (known as minuting for decree) by completing a pre-printed form. Judgment will be granted at the ‘calling date’.

 

Do you intend to dispute the claim ?

[suzimummy1981]

Hi sorry for late reply didn't realise there had been any responses.

 

The sherriff officer has just delivered the court papers to me today.

 

We do not dispute the debt

 

but we dispute the amount it has gone from £700 to £1150 then there will still be court costs added.

 

We cannot afford to pay the debt off in one go

 

I don't know if they will accept £50 a month or not.

 

The last payment on the account was dec 2009

 

Not quite sure how to fill in the paperwork

 

the sherriff officer was very nice said my husband should visit citizens advice and also this website.

 

I had no reply to any of my letters to yuill and kyle or lowell which were sent 2 weeks ago.

 

Not sure how to proceed ???

[dx100uk]

who did you send the CCA too

 

no CCA should be easy to defend

 

dx

[suzimummy1981]

Hi I sent the CCA request to Lowell Portfolio at the start of February and

 

i also sent a letter to yuill and kyle on the same day to inform them that i had done this.

 

have received no reply from lowell at all (altho when my husband called today seemingly it was an invalid ref no.

This was the one on the orignial letters)

 

My parents say they will pay the debt for us if we can get them to reduce the amount

 

my husband called lowell but they stated the account was with yuill and kyle now and they could do nothing.

 

Should we defend based on no CCA or will yuill and kyle accept a reduced figure?

[dx100uk]

defend it

 

even if it proves enforceable you can come to an agreement afterwards.

 

so why cant you find the true account number? credit file?

 

I strongly advise not speaking on the phone

 

you need a papertrail.

[suzimummy1981]

they gave my husband the account number over the phone.

 

so what should i put on the court papers in order to defend it?

 

i looked at his credit file on noddle and there are just stars where the account number should be

 

i've looked out the littlewoods statements and the account number we had was the littlewoods account number

 

this was also quoted on our letters from yuill and kyle so they've obviously only recently changed the account number

[dx100uk]

ofcourse you defend all

else you'll get a judgement by default.

 

what as your date for filing etc please

 

surely you have weeks yet

[suzimummy1981]

15th of may. I'm not sure how to word it on the court papers. Does my husband need a solicitor also? sorry i've totally no idea on how to proceed my husband is rubbish at these things so its pretty much being left to me to sort out.

[dx100uk]

god you have weeks!!

 

sit very tight.

 

you now have an account number on the court doc

 

send the claimants solicitors a CCA request

 

do you have to ack the claim at all like a CCJ claim?

 

oyu DONT need a solicitor no

 

dx

[suzimummy1981]

ok i will send cca to yuill and kyle tomorrow. (ive just discovered that they called our house at lunchtime today but didnt leave a message)

 

the court papers are for small claims court.

[dx100uk]

can scan them up:??

 

**you can post up images/letters by this method immediately..you don't need 10 posts**

.

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc

but leave all monetary figures and dates.

.

************************* ************************* *******

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

************************* ************************* ***********

.

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

http://www.convert-jpg-to-pdf.net/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or http://www.freepdfconvert.com/

or

use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though DONT USE BANK NAMES or CAG in the title

i'e Default notice DD-mm-yyyy

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

...

YOU DONT have to put a link to the attachment in the msg box..just upload it ..job done

.

dx

[suzimummy1981]

Will try and get these scanned and posted this evening the kids are running around just now and can hardly get a minute.

[Crocdoc]

Even if you lose the case you can make an application to enter into a Debt Arrangement Scheme

to block enforcement action such as wages or Bank account arrestment.

 

This way you can take care of the liability over an extended period at an affordable level.

 

I am not aware of your circumstances but this could be a better option than Time to Pay.

 

Should you lose the case the pursuer will need to serve a Charge For Payment,

 

If you decide to enter into DAS request through a free advice agency that an intimation is made in advance of the 14 day expiry date of the Charge.

 

I hope this information is useful should your defence fail.

[suzimummy1981]

here are the papers

 

one thing that kind of stands out to me is how could lowell issue a default on the 8th of november

when they did not purchase the debt until the 15th of november??

[dx100uk]

wit any luck the sar will return by the 15th too.

 

sit tight.

 

dx

[ScottM1]

Hi Suzi

 

I've just joined this group as I was looking for some info myself!

 

I appreciate what has been said above, but if you do not dispute the original debt is due you will have a hard time defending it, because there is no defence and you would be lying to the court to do so, in itself a criminal offence.

 

If you do dispute the debt, or want more info, have a look on the Scottish Courts website for guidance notes on what to do with the small claims summons.

 

I know how Yuill and Kyle and other similar firms operate. If you can't dispute the principal debt (as you've said) your best bet may be to try and seek a waiver of some of the additional costs and/or ask the court for time to pay.

 

The other option would be to make an offer to Yuill and Kyle in full and final settlement of maybe half of the total being claimed, but being careful to say that the offer was not an admission of liability and that the sum offered is all you could afford.

Edited April 23, 2014 by ims21

[suzimummy1981]

I understand what you're saying

we dispute the amount being claimed and so far Lowell nor yuill and kyle have provided any documentation to state how much the debt was purchased for or any agreement at all to say they do infact own the debt.

 

starting to get nervous now

still no reply to the sar request

apart from a letter from yuill and kyle stating they had passed this on to Lowel

 

l. But when my husband had called Lowell originally

they said yuill and kyle had full charge of the account

 

I feel like they are both passing the buck here.

 

6 days until court papers are to be submitted what do I write on them??

 

I've no idea. If someone could help that would be great.

[dx100uk]

so still no sign of the credit agreement from lowells/y&k

 

and no sign of the SAr details from littlewoods

[suzimummy1981]

Absolutely nothing at all from anyone I have opened every envelope coming through the door even if I know it's junk mail.

 

I've seen a few defence statements from others on the site but unsure really what to put I want to post it on monday to make sure it's definately there for Thursday is the absence of cca my defence??

 

Could someone please give me some kind of idea as to how to write this statement of defence please?