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

[AndyOrch]

Yes

[gobster]

Hello again, I now have a Notice of Proposed Allocation to the Small Claims Track along with the Directions Questionnaire. Just to clarify a few things:

 

1. I tick yes to Small Claims Mediation Service?

2. I tick yes to small claims track is the appropriate track for this case?

3. I tick no to Expert evidence?

 

The rest is all self explanatory, just wanted to confirm those three points.

I send the main copy back to the CCBC, then serve copies to all other parties, so Bryan Carter AND Lowell? And should I leave the signature blank on their copies?

[AndyOrch]

Hello again, I now have a Notice of Proposed Allocation to the Small Claims Track along with the Directions Questionnaire. Just to clarify a few things:

 

1. I tick yes to Small Claims Mediation Service? Yes

2. I tick yes to small claims track is the appropriate track for this case? Yes

3. I tick no to Expert evidence? Correct

 

The rest is all self explanatory, just wanted to confirm those three points.

I send the main copy back to the CCBC, then serve copies to all other parties, so Bryan Carter AND Lowell? And should I leave the signature blank on their copies? Yes

 

Regards

 

Andy

[gobster]

Long time without updates, but I have recieved this today.

 

General Form of Judgement of Order

 

Upon reading the court file

 

IT IS ORDERED THAT

 

1. The claimant shall by 4pm on 11.9.15 file and serve:

 

a. A copy of the agreement between the assignor and the defendant.

b. A copy of the applicable terms and conditions of the agreement, if not contained within the same document.

c. A copy of the notice of assignment of the account to the claimant, showing the date and manner of service thereof on the defendant.

d. A full statement in respect of the material account showing all transactions relied upon in arriving at the balance claimed.

 

2. In default of the above the claim will be struck out.

 

3. This order is made of the Court's own initiative, without hearing the parties or giving them an opportunity to make representations. Any party affected by the order may apply to the Court to have the order set aside, varied or stayed. Any such application must be made not more than 7 days after the date on which the order was served on the party making the application

 

So, what do we make of this?

[AndyOrch]

Excellent directions...just what the defence was intended to achieve.I assume you have received the Notice of Allocation...don't forget to comply with the directions that you must comply with by the date stated......standard disclosure and witness statement.

 

Regards

 

Andy

[gobster]

I have recieved the Notice of Proposed Allocation, which asks for the Directions Questionnaire, thats all been done. The next thing I recieved, which I completely forgot to update you on, is this:

 

Notice of Transfer of Proceedings

 

To all parties

 

The Small Claims Mediation Team has been unable to secure a mediation appointment at this time. Please now follow the instructions as set out below.

 

This claim has been transferred to the County Court Hearing Centre listed below for allocation. On receipt, the file will be referred to a procedural judge who will allocate the claim to track and give case management directions. Details of the judge's directions will be sent to you in a notice of allocation.

 

If you would like any further information you can contact the local County Court Hearing Centre directly but please await the Judge's directions.

 

That was recieved at the end of July, and have had nothing else since then apart from the Judgement or Order I just posted. No request for witness statement thus far.

[AndyOrch]

So have you been given directions yet?

[gobster]

Nope, nothing.

[AndyOrch]

OKay well wait for the Notice of Allocation from your local county court and then follow post #30 above

[gobster]

Hello again, so Bryan Carter have responded to the courts request and everything received is in the pdf attachment. Shortly after I also received the Notice of Allocation from the court. It's offering mediation and also states the court date of 6th November.

[Bazooka Boo]

£204 in charges you can reclaim, with interest!

[dx100uk]

where are the pages of T&C's that should be wit he agreement?

 

 

dx

[gobster]

The third page is terms and conditions, or would you say that's insufficient information?

[dx100uk]

lots missing go look at other claims and CCA returns for a shop direct account

and the mail order forum

 

 

dx

[gobster]

I have a mediation telephone appointment on tuesday, am I right in thinking that it can't proceed because there is still information missing from my CCA return?

[dx100uk]

this thread is inspirational

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?443519-Shop-direct-Lowell-county-court-claim-form***Claim-Dismissed***/page4

 

 

and p'haps shamrocker will pop in here and help too

 

 

dx

[gobster]

Yea I've been keeping tabs on that thread for a while, certainly gives me a bit more confidence.

So when mediation team call on tuesday, should I just tell them that I haven't had sufficient information in response to my CCA request?

[dx100uk]

I am sre there should be more to that CCa return with respect to T&C's that what you have

 

 

one thing I've noticed

you were on a 0% agreement.

so that might be all the T&C's are. as they don't appear to ref other parts which most std cat cca's do.

 

 

type in claimform cat shop direct in our search cag of the red toolbar

have a look at other CCa returns

see if you can spot anything like your in uploads.

 

 

not got tim ejust now

 

 

dx

[shamrocker]

Hi gobster - that thread by markwales was a bit different to yours - the amount was substantially less, was full of charges and PPI, the information supplied by Carter was error-strewn, and Carter gave the general impression (by not attending court, for example) that he knew he had a very weak claim. It was easy to throw a lot of doubt on it. In your case, you only have a handful of charges to try to exploit (definitely go after them though), so winning the case is not so straight forward. The agreement is definitely one possible avenue to focus on - but with it being post-April 2007, getting anywhere with this is likely to be extremely tricky.

 

Did they provide a Default Notice?

 

Sham

[gobster]

Hi shamrocker, yes I am aware that mark's case was for much less and there seemed to be more loopholes. Everything I have from Lowell is in the attachment a few posts earlier, there's a couple of notices that shop direct sold the debt but no notice of default.

I've just had a mediation appointment, and said that I'm not willing to settle here as I feel that the information I have been supplied isn't sufficient. Lowell responded that because there is a tick on the credit agreement that counts, as the account was set up online. The mediator also managed to find out that all the information I have been sent thus far is everything Lowell have managed to obtain from shop direct.

[shamrocker]

What sort of result are you realistically looking to achieve from this? Do you feel you have grounds to go to court and fight your corner?

[gobster]

I honestly don't know what I should do, that's why I'm here. If someone told me right now that the odds of me winning are very slim, then I would probably just aim for getting the debt reduced as much as possible. But I am purely relying on the advice of others as this is something I'm not clued up on in the slightest.

[shamrocker]

I only asked just to see how clued up you were yourself. Relying solely on the direction of others isn't a brilliant plan - I've been there myself on this stuff.

 

Based on what the claimant has disclosed so far, their claim still has holes in it, but you need to consider what might happen should they produce something to plug those holes. I'm thinking specifically full terms and also the DN. You should certainly be looking to exploit these in the forthcoming witness statement, but it might be futile if they produce something in response. It's a tricky position to be in due to the starting date of the agreement.

 

I would guess there's no harm in just pushing on and pushing for them to disclose as much as possible - they may or may not come up with the goods. All the while, you could keep a Plan B of a Consent/Tomlin Order proposal to them, thus halting claim and avoiding a CCJ. It's a case of trying to identify and then push for your best possible likely outcome.

 

I haven't had time to read trough all your thread properly, but there's no major sledge hammers jumping out at me from which you can smash them with...if you get my drift.

 

Sham

[gobster]

I've not heard of a Tomlin Order before but a Plan B sounds like just the thing I need.

 

 

I guess my main worry has always been that if I fight this and lose,

then I've lost the right to try and reduce the debt or work out a suitable repayment structure.

 

As I said,

the mediator went out of his way to ask Lowell if they have

or if they are trying to obtain any further documents relating to this debt to which they said no.

 

 

But this of course could be a lie and they might produce something further down the line.

I suppose that's just a risk that comes with it.

[shamrocker]

I think they would have provided as much essential paperwork as possible straight away rather than risking the claim continuing any longer than necessary - it's just more work for them. There's no harm in just waiting it out and seeing how they react. You can unpick their claim in your witness statement. Without a DN, they cannot prove that you defaulted on the agreement so you may as well hit them with it - plus the missing terms.

 

Andyorch - do you think they're likely to produce a DN when challenged? Can an invalid (or non-existent one) be remedied in this case?