lowells/Carter Claim form - shop direct 'debt'

[Not that clever]

Name of the Claimant ? Lowell Portfolio LTD

 

Date of issue – 6th August 2015

 

What is the claim for –

 

The Claim is for £410.13 the amount due under a 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 16/6/2011 and notice served pursuant to the law of property act 1925

 

Paticulars

Re-shop direct

A/c no- 99999999999

 

And the claimant claims £410.13

 

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

From the date of assignment of the agreement to date but limited ta a maximum of one year and a maximum of £1000 amounting to £32.81

 

What is the value of the claim? £442.94 court fee £35 solicitors cost £50 total £527.94

 

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

 

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? Not sure

 

Did you receive a Default Notice from the original creditor? Not sure

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

 

Why did you cease payments? Could not afford. Rang debt collection refused £5 a month payments last year

 

What was the date of your last payment? unknown

 

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

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementicon plan? yes.

 

 

 

I have this morning responded to this claim clicking the defend box online this morning

 

I counts tomorrow to be 14 days did I do this right have I done this in time?

 

So I had a catalogue with jd Williams. That I admit to and I also admit to owing them monies. I telephoned Lowell last year and made a payment offer but they were not interested as it was too low.

 

Since receiving this form I contacted them via email and they say it's with fredricksons tho they are not mentioned on claim form.

 

A lot of the final amount on claim will be charges. Do I have to pay these?

 

I don't mind paying this if I have to. But I can't afford no more than £10 a month. This is the second claim form ive received since April and im scared of them all going thru the system together and il be left unable to offer them all something!

 

I'm surrounded my debt, I suspect il get more in the future. What would be the best debt repayment scheme for me to do

 

 

Thanks for reading and your help

[AndyOrch]

I have this morning responded to this claim clicking the defend box online this morning.I counts tomorrow to be 14 days did I do this right have I done this in time?

 

Yes that is correct Not that clever ...19 days to acknowledge...you now have a further 14 days to prepare and submit a defence.

Next I would advise a CPR 31.14 request and a CCA request...instructions are provided within the link you have completed above.

 

Regards

 

Andy

[Not that clever]

hi there

 

I was unable to send the cpr and cca request until Friday just gone due to being ill and having nobody to rely o helping me out.

I now have to submit my defence by Tuesday and really stuck as to what to put

 

I did submit a defence for my vanquis debt a few month ago. would I be able to amend that the same since I'm awaiting cpr and cca acknowledgement and replys?

 

I' really cant get my head around all this legal stuff and feel massively out of my depth so sorry if I come across not that clever!

[Not that clever]

Particulars of Claim

 

1.The Claim is for £410.13 the amount due under a 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 16/6/2011 and notice served pursuant to the law of property act 1925

 

Paticulars

Re-shop direct

A/c no- 99999999999

 

And the claimant claims £410.13

 

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

From the date of assignment of the agreement to date but limited ta a maximum of one year and a maximum of £1000 amounting to £32.81

 

Defence

 

 

1: The defendant contends that the particulars of the claim are vague and generic in nature. The defendant accordingly sets out

its case below and relies on CPR r 16.5 in relation to which a specific response has not been made.

 

2: Paragraph one is noted from recollection i have had financial dealings with shop direct in the past but i am unsure as to any alleged debt the claimants refer to or the account number in question.

 

3: Paragraph 2 is denied as i have never been served with a Notice of Assignment pursuant to the Law of Property act 1925.

 

4: On receipt of the claim i requested copies of any documents or information that would support the claim. the

request was made by CPR 31.14 and section 78 request.

 

5: The claimant has yet to disclose any agreement or statements on which its case relies on.It is therefore i denied with regards to any amount due under any agreement.I understand that until their compliance the claimant is unable to request any relief to enforce any agreement.

 

6: Therefore until such time the claimant complies i deny any liability to the claimant and put the claimant to strict proof to:-

 

a) show how the defendant has entered into a agreement: and

b) show how the claimant has reached the amount claimed for:

c) show how the claimant has the legal right, either under statute or equity to issue a claim:

 

7: as per civil procedure rule 16.5(4) it is expected that the claimant prove the allegation that the money is owed.

 

8: by reason of the facts and matters above it is denied that the claimant is entitled to the relief claimed or any relief at all

Edited September 7, 2015 by Andyorch
Particulars brought down/Defence amended.

[shamrocker]

I looks pretty good...

except that you only sent the cpr and CCA letters on Friday,

so it's a it soon to claim they ignored them.

 

 

I'm sure Andyorch will be around before Tuesday and will advise you further.

[dx100uk]

def needs to be filed by 4pm tomorrow Monday.

 

 

dx

[Not that clever]

Thank you for that correction dx I was convinced it was Tuesdsy thanks for saving my skin

[AndyOrch]

Just requires slight attention to suit your particulars ........will take a look over it tomorrow morning for you.

 

Andy

[dx100uk]

Not that it makes a diff. But

 

Poc says shop direct

You say JDW

Which is it?

 

Dx

[AndyOrch]

Defence in post#4 checked and amended to the particulars of claim.

 

Andy