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

[Ftgab19]

Hi hillards,

 

I've been thinking whats the best way to do my claim, online or by post?

 

Because if littlwoods mess up like they did in your case, I can call a judgement faster online.

 

Thanks

Andrew

[hillards]

It's usually advised to claim by post as you cannot fit all the wording of the POC onto the online form.

 

To be fair, it wasn't Shop Direct who messed up, it was the court. Long story but something went wrong and SD eventually got a set aside, despite settling based on the default court order.

 

The limits are the same for online and postal claims, regardless of the method. You would still have to call the court to check before you could claim judgment by default, and I doubt the same circumstances would apply.

[Ftgab19]

I've read you also can't get the fee waverd when you on benefits if you do it online. So I'll be doing it by post.

 

I'll get my N1 form done tonight and I'll upload just to make sure its all ok.

 

Thanks

Andrew

[Ftgab19]

Hi hillards,

 

I've just got a few questions on filling in the N1 form.

 

 

In the "Claimant(s) name(s) and address(es) including postcode" do I just put my name & address then Shop Direct Ltd & the address i've got for them?

 

In the "Brief details of claim" do I just put something like, I am claiming back unlawful penalty charges plus restitutionary interest to Shop Direct?

 

Is the value what I'm claiming plus the interest on the day I post the N1 form?

 

Thanks

Andrew

[hillards]

The CAB have a good guide at: http://www.adviceguide.org.uk/wales/consumer_w/consumer_taking_action_e/consumer_legal_actions_e/consumer_going_to_court_e/consumer_taking_court_action_e/step_three_filling_in_the_claim_form.htm

 

You are the claimant, just your details in that box.

 

They are the defendant, so their details in the next box. Make sure it is the head office (legal) address: Shop Direct Ltd, Skyways House, Speke Rd, Speke, Liverpool, Merseyside L70 1AB

 

I would not put 'unlawful charges'. I really don't want to word the claim for you but it should be something along the lines of 'the defendant applied charges to the account which I believe were unfair (because)... " and mention the 2006 statement by the OFT on what constituted fair charges. I've done several of these now and every one is different so I can't even suggest a basic template. I've also added "A letter before action was sent on Xxx 00 2015, the defendant failed to respond to this."" on a couple, where it applies

 

Value: Mine have been on the lines of "£000.00 of charges plus £000.00 interest in restitution at 00.0%, the rate they applied at the time these charges were made. (As at 00/00/15, increasing by 0.0000% per day until settled)." If you're not asking for a set interest rate in restitution then just put the value of the charges. Just how the 8% is worked out I do not know as I've not had a claim without a set rate.

[SabreSheep]

My credit card charges reclaims were worded as follows

 

"Money Claim for return of credit card account default charges and interest in restitution on those charges."

 

 

Simples. Any other detail is for your POC and witness statements

[Ftgab19]

Hi everyone,

 

Not been on here in awhile, had a lot going on. We had a death in the family and also moved address. I completely forgot about LittleWoods cliam until I had a look at a time when letter from Lowell.

 

They said they sent my debt to BW Legal, I also got a letter from BW Legal saying they will issue a claim. I'll upload it so everyone can see.

 

Would like some help on where to go from here.

 

Thanks

Andrew

[dx100uk]

Well they say will

 

And as this is a post apr2007 (2010 online tickbox)

That CCA looks OK too

I take it your aborted claim is more than their claimed total?

 

Dx

[Ftgab19]

Yes I was claiming just under £1000 and they want £389.47 in there claim.

 

Thanks

Andrew

[Ftgab19]

I was thinking of sending a CCA to gain some time?

 

Andrew

[Old Cogger]

I was thinking of sending a CCA to gain some time?

 

Andrew

 

you already have done this no need to duplicate as you will show them that you are not confident Post 108 tells you it is o.k., a tick is all that is needed post 2006/7

[Ftgab19]

So what would be best plan of action? Should I try and set up a repayment plan with them? Or will they only want full payment?

 

Thanks

Andrew

[dx100uk]

no never do that...

 

 

 

you could send them a copy of your spread and basically say bugger off I will be counter claiming for the enclosed should you ever proceed to court.

 

 

dx

[SabreSheep]

If you never sent the N1 form off, you could recommence your claim

 

Start with an updated LBA giving them 14 days to respond positively then put in your N1

[Ftgab19]

Sorry for the late reply, been busy with moving. I'd like to start the claim again, I never sent the n1 off. So what should I change in my Lba?

 

Also what should I tell BW Legal?

 

Thanks

Andrew

[Ftgab19]

Hi everyone

 

I sent a letter to BW Legal to let them know I was planning to take littlewoods to court but they have gone ahead anyway.

 

I've only today found out that they have sent court papers to my old address.

 

The claim form says issue date 08/09/2015. I got a notice from BW Legal telling me what they've done dated the 09/09/2015.

 

It's been ages since I last looked at what I would need to do in court.

 

I want to get as much time as I can to research again.

 

I want to send the Acknowledgment of service off.

 

Should I put my new address on the AOS and send it with a letter explaining why there's a different address?

 

Also when sending the AOS do I cut the response pack bit off using the dotted line?

 

Would really like some help with this.

I want to see if I can get Legal aid on this case,

because I'm only on benefits and can't afford aid.

 

I will upload the claim form so you can see what they've said.

 

Many Thanks

Andrew

[dx100uk]

can you fill this out

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

 

and copy and paste the Q&A back here please

 

and you don't use the form

 

you use the MCOL website.

 

but lets have the info first please

 

then we'll advise

[Ftgab19]

Ok thank you dx100uk I will fill out the Q&A and post it back ASAP.

 

Andrew

[Ftgab19]

Here is the Q&A, should I now login and complete the acknowledgement of service?

 

Name of the Claimant ? LOWELL PORTFOLIO 1 LTD

Date of issue 08 September 2015

 

Date of issue 08.09.2015 + 19 days ( 5 day for service + 14 days to acknowledge) = 27.09.2015 + 14 days to submit defence = 11.10.2015 (33 days in total)

****DATE FOR FILING DEF 4pm FRIDAY 9th October.****

 

What is the claim for –

 

1.The Claimant's Claim is for the sum of £292.95 being monies due from the Defendant to the Claimant

under a Home Shopping agreement regulated by the Consumer Credit Act 1974 between the Defendant

and Shop Direct Finance Company Limited under account reference 00000000

and assigned to the Claimant on 04/02/2015 notice of which has been given to the Defendant.

 

2.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.

 

3.The claim also includes statutory interest pursuant to section 69 of the County Courts Act 1984

at the rate of 8.00% per annum (a daily rate of £0.06 from the date of assignment of the agreement

to 06/09/2015 being an amount of £12.90.

 

What is the value of the claim? £390.85

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? catalogue

When did you enter into the original agreement before or after 2007? After 2007

 

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? I was aware and I did receive a Notice of Assignment

Did you receive a Default Notice from the original creditor? Yes

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Yes

Why did you cease payments?

Couldn't afford to pay the payments at the time,

then later found out that I shouldn't of been charged that much to start with.

So I made a complaint and continued to cease payment.

What was the date of your last payment? 14.08.2014

Was there a dispute with the original creditor that remains unresolved? Yes

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan? I entered into a debt management plan

[dx100uk]

note correct def filing date.

 

 

yes go ack the claim on MCOL website

defend all

leave juris unticked

[Ftgab19]

Ok thanks dx, I've just completed the AOS.

 

Do I need to send a CPR31.14 request?

 

Andrew

[dx100uk]

right so back to post 107 onwards

 

did you try and frighten them away by sending a copy of your spread to frighten them away?

 

dx

[Ftgab19]

I left sending it a bit late and couldn't find my spread in time, so I just sent the following.

 

Dear Sir/Madam

 

I am in receipt of your letter relating to the above account. I would like to make you aware that I am currently seeking legal advice from my local citizens advice bureau about taking Littlewood’s to small claims court over unfair fees that amount to over £400 with 8% interest.

 

I am also drafting my LBA letter for Littlewood’s and will be sending it in due time. I would suggest that you hold off on court proceedings until the outcome of my case with Littlewood’s.

 

I look forward to hearing from you.

 

I sent it second class recorded delivery on the 08.09.2015, they received it on the 09.09.2015.

 

 

Andrew

[Ftgab19]

Should I send a CPR31.14 request and ask for what was mentioned in the particulars of claim?

 

 

Thanks

Andrew

[AndyOrch]

Should I send a CPR31.14 request and ask for what was mentioned in the particulars of claim?

 

 

Thanks

Andrew

 

Wouldn't do any harm and you can refer to it within your defence.

 

Andy