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lowell/overdale claimform - old Shop Direct CAT debt - Now Wiped out by my Court Charges Reclaim **WON**


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No worries Andy

 

I've just rang up Salford and they said the defendant filed AOS on the 25/11/2016. But I haven't received anything in the post yet from the court or from Littlewoods legal team.

 

Do I now wait for there timeline to file a defense to run out or should I of heard from the court before then?

 

Thanks

Andrew

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The court should really copy you in with each status...AoS/Defence submitted...etc...which you require to know as to how you proceed...anyhow as they have acknowledged service they therefore have the full 33 days ...so if the court do not serve their defence on you or inform you of the progress simply check again nearer the time and if no defence has been submitted request judgment...if they do file a defence then the court must inform you and serve a copy so you can decide if you wish to proceed to allocation.

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Thanks Andy

 

So they now have until the 28/12/2016 to file a defense or do I need to take into account Christmas holidays when working out the timeline with it being December?

 

Thanks

Andrew

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Yes just allow 1 extra day..Christmas Day

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  • 3 weeks later...

Update

I rang the court today at 16:25 and Littlewoods still hasn't filed a defence.

The man on the phone said I can file a Request For Judgment by email and told me to send it to [email protected] and to put Request For Judgment in the Subject box.

Also to put the details of the defendant and claimant in the message.

Do I need to fill out and scan the Request For Judgment on the Notice of Issue form

or is there a form I can download to put in the email?

Thanks

Andrew

Update

I've found the N225 form online and I've uploaded it here.

Please let me know if I've got the interest wrong or anything.

Thanks

Andrew

RFJDDDd.pdf

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Only one months section 69 ?

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Sorry Andyorch

I only put interest from the 10/11/2016 to today because it asked "Interest since date of claim"

I only put whats owed since I filed the claim.

Do I need to add the £117.45 from the 05/04/2015 to 10/11/2016?

Because I've already added that in to the amount claimed bit on the form.

Thanks

Andrew

Would making the following changes fix it?

Change the amount admitted to £912.56

Change the interest period to the 05/04/2015 to 29/12/2016

Change the total interest to £128.98

Thanks

Andrew

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Was the interest added upto the point of issuing the claim and is that included in the total?

It should be whats on the claimform plus s69 since claim date

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I put what's owed plus interest to the date of claim in amount claimed. The same number I put on the n1 form total. The £11.54 was the interest I worked out I was owed from the date I claimed to today.

 

Do I need to change anything?

 

Thanks

Andrew

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Hi Andrew

 

The one month will be correct ...it will add it to the existing judgment amount...which will already include the full section 69 up until judgment.

 

Regards and apologies for the confusion.

 

Andy

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No worries Andy.

 

I'll change it back to one month like it was before you asked about the interest.

 

I'll email it and let you know when I get a response from the courts.

 

Thanks

Andrew

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Since I'm sending it now on the 30th should I change the date in the form?

 

Thanks

Andrew

 

Makes no odds they work from the date of judgment...irrespective of when you date /submit the N225

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Right okay Andyorch

 

I've sent it off and got an email back saying its been received and they'll respond in 10 working days. Is there anything else I need to be doing? I still haven't received anything from Littlewoods.

 

Thanks

Andrew

We live in a world where seeing is not believing, where only a few know what really happened.

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Leave it in the hands of the Court Bailiffs now they will keep you updated of the progress.

We could do with some help from you.

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So can littlewoods not do anything now even if there defence turns up. Is there deadline finished?

 

I know they was supposed to have it in be the 29th, but I'm I right in thinking that since my RFJ has been received by the court there deadline is over.

 

Thanks

Andrew

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Even post judgement, littlewoods have the option to set aside. Judgement may not necessarily be the end of it.

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Update

I rang the court today and Littlewoods defence still hasn't arrived and my RFJ was received but isn't on the system yet.

I also had two letters today one from Littlewoods and one from Lowell Financial.

The one from Littlewoods is dated the 22/12/2016 but had a 2nd class stamp saying delivered by the 28/12/2016.

Inside is their defence and Lowell's letter was dated the same and had a cheque for payments I've sent them since July.

I think they've sent the cheque because Littlewoods took the debt back from them.

I'm not really sure what to do with the defence since the court still hasn't got it yet.

I'll upload the two letters for everyone to see.

 

Thanks

Andrew

LF + Defence.pdf

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there are no relevant sections of the signed agreement that mention charges at all

 

 

its their T&C's that mention charges

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi dx100uk

 

I was trying to find my copy of the agreement to check what it said but as you've said it's not in the agreement its in the T&C's.

 

How should I move forward with this, should I wait until the court gets back to me about the RFJ or do I need to respond to Littlewoods?

 

Also should I cash the cheque from Lowell or wait until the case is over?

 

Thanks

Andrew

We live in a world where seeing is not believing, where only a few know what really happened.

NatWest Problem *****Refunded*****

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post 167 attachment mentions charges but not what they are..

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Update

I got a letter today from the court saying the claim has been defended and they think it's suitable for allocation.

The notice is dated the 03/01/2017.

I thought that since the RFJ was received by the courts on the 30/12/2016 they wouldn't be able to defend the claim because the timeline ran out.

Is this an error or do I need to follow through with the claim?

Also the letter came with a mediation form and directions questionnaire but didn't come with a copy of Littlewoods defence like the notice states.

Thanks

Andrew

Notice 03.01.2017.pdf

We live in a world where seeing is not believing, where only a few know what really happened.

NatWest Problem *****Refunded*****

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They will allow a few days grace....so the claim is proceeding to allocation.

 

Andy

We could do with some help from you.

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You can complete an N180 online and print it out, i would have it ready to go but before sending ring the court to ask where the defence is as it was nit attached as per the NoA.

If the court advise a defence has been filed and one will be sent then you send an N180 to the court and also serve one to the defendant by the deadline and keep a copy for your file.

The RFJ is quite irrelevant now, even if it were processed due to the defence being late, the defendant could easily set aside.

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