Lowell/Bryan Carter/Shop Direct County Court Claim***Claim Struck Out***

[gobster]

I could use some advice.

I'm in a large amount of debt to multiple companies,

but the one that needs urgent attention is a debt of £6472.79 to Shop Direct/Littlewoods,

which is now under the control of Lowell and Bryan Carter.

 

 

I have received a County Court Claim form and I don't have long left to respond, as I have been rattling my brain about how to respond to it.

 

I don't dispute the amount owed, I racked up the debt. And if worse comes to, then I accept I will have to pay it.

But as I am on a low wage and struggling financially, if there is any way I can get this and other debts reduced then that would be extremely helpful.

 

The account in question started in 2009, so obviously after the April 2007 window.

For that reason I would assume that the debt would be enforcable should this go to court.

 

 

At the same time, I have previously received a reduced settlement offer of £4286.67 back in December,

and for Lowell to offer that suggests to me that they can't enforce the debt after all.

 

 

So would I be wise to try and dispute this regardless, and if it turns out that they can enforce the debt,

would I still be able to arrange reduced settlement later down the line?

 

Name of the Claimant ? lowell portfolio

 

Date of issue – 30th April 2015

 

What is the claim for –

 

Claim is for £6123.82, the amount due under an agreement between the original creditor and the defendant

to provide finance and/or services and/or goods.

 

This debt was assigned to/purchased by Lowell portfolio I ltd, on 12/08/2014 and notice served pursuant to the law of property act 1925.

 

Particulars re shop direct. a/c No xxxxxx

 

And the claimant claims £6123.82

 

The claimant also claims statutory interest pusuant to s.69 of the county act 1984 at a rate of 8% per annum

from the date of the assignement of the agreement to date but limited to a maximum of one year and a maximum of 1000 amounting to 348.97

 

What is the value of the claim? £6472.79 + £410 Court Fee and £100 Sol's costs

 

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

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

 

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? Yes

 

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

 

Account opened 20/11/09

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? not sure

 

Why did you cease payments? Couldn't keep up with repayments to this and other debts

 

What was the date of your last payment? Not entirely sure, some time in 2013 I think?

 

Was there a dispute with the original creditor that remains unresolved? No

[honeybee13]

Hello and welcome to CAG.

 

Thank you for the information above, the forum guys should be along later with advice for you.

 

My best, HB

[Bazooka Boo]

Hi welcome to CAG..

 

Nothing insurmountable here, Bryan 'bloody' Carter is a menace though!

 

How much of that total figure is fees/charges?

Have you reclaimed any of them?

Is there any PPI on the account?

 

Have you told the Catalogue that you were in financial hardship? If so did they attempt to help you|?

When did they terminate the agreement?

 

And what is on your credit file?

 

More importantly have you acknowledged the claim and have you filed any defence?

[gobster]

Without statements, I have no idea how much is fees or charges, and haven't reclaimed anything.

To my knowledge there isn't any PPI but I haven't checked.

 

I didn't make any contact with the catalogue, I buried my head in the sand for a long time

as I really had no idea how to tackle the mess I was in. Not smart, I know.

 

 

I've already beat myself up enough over it.

I have Aspergers so it's always been difficult to openly express my worries with others,

I have a bad tendency to bottle it all up.

But this Court claim has certainly made me stand up and take notice.

 

My credit report puts the sum at £6,123, though it says the default and opening balance is £6,063, and date of default is 05/08/14.

No reference to it being Shop Direct anymore, just says Lowell at the top.

 

I haven't acknowledged the claim yet, I am going to be doing that today

but I just wanted to get a sense of direction from people in the know first, as this is all new to me.

 

 

I didn't want to go down the road of disputing this if there's a chance it would leave me in a bigger mess than I already am.

[dx100uk]

you must ack the claim

defend all

 

 

get a CPR AND CCA request off ASAP too.

 

 

dx

[fkofilee]

£6k on a catalogue? Byeeeeeeeee-eek!!!!!!

 

Follow Dxs advice here, CPR and CCA Request.

Find out if there is PPI. This could be a good one if their is.

[gobster]

And not a whole lot to show for it either, fkofilee. Lesson learned much too late.

 

Thanks guys. Acknowledgement of service is done, going to post the CPR and CCA Request today. Issue date was 30th April so by my calculations that gives me until 2nd June to submit my defence?

 

The PPI isn't something I'd considered looking into until suggested here. How would I go about finding out if my account had it?

[AndyOrch]

1st of June your defence is due...try not to get side tracked with the PPI as that is a separate matter to the claim...and not a defence.

 

Regards

 

Andy

[gobster]

Thanks Andy. Just to clarify, with the CPR 31.14, the documents I'm asking for are just the agreement and the assignment, as they are the only ones mentioned in the particulars of claim? Also where the template says Case No, is that the Claim No on the claim form?

Edited May 15, 2015 by gobster

[AndyOrch]

Thanks Andy. Just to clarify, with the CPR 31.14, the documents I'm asking for are just the agreement and the assignment, as they are the only ones mentioned in the particulars of claim? Correct Also where the template says Case No, is that the Claim No on the claim form?

Yes

[gobster]

Nice one. Right, both of those are ready to send by recorded delivery. Just need to grab a Postal Order for the CCA. Thanks for all your help guys, and I will update with any developments.

[gobster]

Hello again,

my defence is almost due so I need to get a verdict on what to submit.

 

 

So far I haven't had any response from Lowell and Bryan Carter have sent me their usual response refusing to send the requested info.

 

 

I found this defence which I believe Andy wrote for someone else, would it suit my situation too?

 

 

I've edited parts to suit but if I've missed anything then please point it out.

 

Particulars of Claim

1.Claim is for XXXX.xx, the amount due under an agreement between the original creditor and the defendant

to provide finance and/or services and/or goods.

 

 

2. This debt was assigned to/purchased by Lowell portfolio I ltd, on 12/08/2014

and notice served pursuant to the law of property act 1925.

 

Particulars re shop direct. a/c No xxxxxx

 

And the claimant claims XXXX.xx

 

The claimant also claims statutory interest pusuant to s.69 of the county act 1984 at a rate of 8% per annum

from the date of the assignement of the agreement to date but limited to a maximum of one year and a maximum of 1000 amounting to XXX.xx

 

 

 

Defence

 

 

 

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2 .Paragraph 1 is noted. I have had an agreement in the past with Shop Direct but do not recognise the account number referred to by the claimant or recall any alleged outstanding balance.

 

3.Paragraph 2 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served over 9 months ago.

 

4.It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore 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;

 

5.As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

6.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.

 

 

7.By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

 

Thanks

Edited June 1, 2015 by Andyorch
Amended.

[dx100uk]

so what was you dispute re no.2.?

[gobster]

Oops missed that bit, that needs changing. The reason I stopped paying was due to financial hardship, what would you reccomend for wording that?

[dx100uk]

something like:

 

 

2 .Paragraph 1 is noted. I have had an agreement in the past with Shop Direct but do not recognise the account number referred to by the claimant.

[gobster]

I'll add that in then. Otherwise does it seem ok?

[dx100uk]

ok well andy should pop in by 4pm tomorrow to check it over

 

 

but to me that looks pretty standard for other like claims by that claimant.

[AndyOrch]

Defence checked and amendments made.

[gobster]

Defence checked and amendments made.

Thanks Andy. Having a big problem now. Forgot my password to MCOL and cant get in. Ive reset and recieved a new password but it still isnt letting me in probably from trying too many times. With time running out what would be the best thing to do?

[AndyOrch]

Email it to Northampton...using the dedicated defendants email address.

[gobster]

Where is said email address, is it on the blue claim form?

[AndyOrch]

There are a few email address......I would ring Northampton for the dedicated correct address.

[gobster]

There are a few email address......I would ring Northampton for the dedicated correct address.

 

Ok, and do I need to scan the filled in blue form or can I just type it all out?

[AndyOrch]

Just copy and paste into word doc and add as an attachment to your email...dont forget to head it Defence Claimant V Defendant and claim Number xxxxxxx

[gobster]

Ok, just didnt know if id need to include the tick boxes that are on the form. Just literally copy the defence that is written here and that will do the job?