lowell/carter claimform - argos storecard 'debt' ***Claim Struck Out***

[Rebkayskye]

Sorry if this is the wrong place, can you please move it for me admin if I am wrong.

 

I suspect my DCA (Lowell) cant provide a CCA.

I submitted my defence online already regarding a debt for £800 as I don't remember the debt

and nobody can tell me if they have or haven't got a copy of the CCA.

 

 

My defence is that without a CCA the debt is not enforceable.

If my DCA go to a hearing is it essential that I turn up to the court in person or can I send a statement or letter.

This is worrying me sick because I don't know what to do.

I am unemployed with 3 children and I don't drive.

 

Also I have been sent a letter from Bryan Carter on behalf of Lowell that they would like to proceed

and have offered "negotiation and mediation.

 

 

I rang them today and they suggested a Tomlin order.

Forms need to be sent back to Northampton court by 17th December.

 

Feeling out of my depth and don't want to make the wrong decision.

 

Thank you in advance.

[AndyOrch]

Thread moved to Financial Legal Issues.

 

Andy

[AndyOrch]

Welcome to CAG Rebkayskye

 

If you could read and copy the following thread and post your responses here along side the points ...to enable the correct advice on how to proceed.

 

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

 

Regards

 

Andy

[Rebkayskye]

Thank you

 

Name of the Claimant ? Bryan Carter on behalf of Lowell

 

Date of issue – 2nd Oct 2015 (+19 days 20th oct) (+ 14 days 3rd November)

 

What is the claim for – The claimants claim is for the sum of £720, being monies due from the defendant to the claimant under an agreement regulated by the CCA act 1974 between the defendant and Home Retail Group.(xxxxxxxxxxxxxxx) and assigned to the claimant on 01/07/2014, notice of which has been given to the defendant.

 

The defendant failed to maintain contractual repayment under the terms of the agreement and a default notice which has been served which has not been complied with.

 

And the claimant claims £720

 

The claimant also claims statutory interest persuant 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 to a maximum of one year and a maximum of 1000 mounting to £57

 

What is the value of the claim? £720

 

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

 

When did you enter into the original agreement before or after 2007? Approx 2001

 

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? No I didn't

 

Did you receive a Default Notice from the original creditor? Not to my knowledge

 

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

 

Why did you cease payments? I haven't made any payments to DCA but stopped paying argos because I disputed the debt

 

What was the date of your last payment? approx Jan 2011 to argos

 

Was there a dispute with the original creditor that remains unresolved? Dispute never opened

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes because it scared me but I stopped at the date above

 

 

 

I sent a CCA request to Bryan carter because my claim forms said all correspondence should be to them and Lowell transferred me to BC when I rang them. I did not received a copy of a CCA and a defence was submitted to Northampton court. I have now received a letter regarding mediation and unsure what my next step should be.

 

Thanks again in advance, I hope what I wrote it ok.

[renegadeimp]

They would be extremely lucky to get the original agreement for this.

 

Carter knows it, but will go ahead with court action anyway

. He just wants his fee.

 

Once you call his bluff, he runs off fast and leaves it for the creditor to sort out, who usually bails at the last minute.

 

Lowell also try to harass you in the waiting room in court as well to try and get you to break down before you go in.

 

They know they are wrong, but it doesnt stop their greedy hands from trying.

[Rebkayskye]

Oh no, now I am panicking! I don't know what to do

 

Can anyone tell me what to expect please?

[martin2006]

Hi rebkayskye,

 

I cant seem to copy the link here, maybe because im using my phone

but if you go to the search above right and type "no CCA defence"

 

a few threads appear which show the outcomes of previous cases where lowell/carter have been the claimant, have a read through some of them and you should get the gist.

 

Im assuming you have sent a CCA request and have allowed enough time for them to hang themselves.

If so your defence is no credit agreement, no debt to enforce.

 

Im sure andyorch who is vastly more knowledgeable will pop along with a more thorough answer for you but for now,

 

have a look at the similar threads as you will need to get your head around it to proceed effectively with mediation,

 

should it get that far.

[AndyOrch]

Hi Rebkayskye

 

So you have submitted your defence and done the necessary CCA requests.....have you received/submitted a Directions Questionnaire (N180) yet?

 

This transfers the claim from Northampton to your local county court and places it in the small claims track.

 

Regards

 

Andy

[dx100uk]

Nothing to panic about

 

But you really need to stop phoning these fleecers

 

Dx

[Rebkayskye]

Yes I sent a cca request on 8th October by recorded delivery

 

 

then waited about 15 days before submitting my defence to the court.

 

 

I have not received anything from lowell/Bryan carter other than a letter to negotiate.

 

 

I admit that I rang and they offered me a tomlin order but my gut tells me not to.

 

 

I'll read through some other threads but I'm unsure if I should ask advice from the CAB.

Is that wise?

 

Oh and yes I received the "mediaion" paperwork from the court yesterday and I'm unsure where my nearest county court is so it can be transferred.

 

 

I'm in wales so travelling to Northampton is out of the question.

[Old Cogger]

it will be transferred to a local court - Northampton is an administering office only.

[Old Cogger]

The mediation once set (Just a phone interview) will ask you have you got the necessary paperwork from Farters (Carters) when you say yes or No, No would mean they would no doubt stop mediation and pass case back to court, Carters then send missive letters and Usually Discontinues just before a case so they can get their court fee back, but they hope you cave in before that stage, or not respond to court procedure and get a CCJ by default .

[Rebkayskye]

Sorry to sound dim bit what do I have to do?

 

 

I have the mediation questionaire paperwork from the court but nothing else recent besides a letter from carter which came last week.

 

 

Would anyone be able to advise me the best way to fill out the paperwork for the court because it needs to be submitted by Dec 17th. It is all so confusing to me.

 

Thank you again

[Old Cogger]

have asked Andy to pop in here

[Rebkayskye]

Thank you. This is a first for me and I'm worried about making a wrong move and hope that it works out.

[Old Cogger]

you are welcome, try not to panick Andy will assist I am sure

[dx100uk]

All parties are expected to participate in Mediation...irrespective.

 

Tick yes to mediation...although nothing may come of it...yes to small claims Track and state your local county court.

The rest is self explanatory...file with the court by the date stated and send a copy to the Claimants Solicitor.

[Rebkayskye]

Is there any way of finding out where my local one is. Is there a site I can look on? We only have a magistrates court in my town.

[AndyOrch]

Ring your Magistrate Court Reb and ask for the Local County Court address

[Rebkayskye]

Ok I've found that out. Bit of an issue with my cca request, I have misplaced my receipt for the postal order although I have the recorded delivery proof. Is it worth sending another request while all this is going through?

[AndyOrch]

No...

[dx100uk]

no need stop panicking

you know when you sent it

that's all that matters

[Rebkayskye]

Lol sorry, I just don't want to make a mistake and trip myself up.

[Rebkayskye]

Ok to confirm, I tick yes to mediation and yes to small claims track? Doesn't have to be there until Dec 17th so will post shortly before that date so I can drag things out a bit more. Can any one take a guess what might happen after that or what to expect?

[AndyOrch]

No need to guess...just read other similar threads from the same claimant/solicitor.

 

Andy