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    • Hi.   Advising by PM is against forum rules. It's stops us being a resource for people to use in the future and also prevents advice from being peer-reviewed. Please keep advice on this thread.   HB
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    • Oh, and as it’s a pre-1985 agreement do they still have to provide a true copy of the CCA? It seems they are trying to use Regulation 9 of the CNC Regulations (which I haven’t heard of!) as a “get out of jail free” card.
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Lowell/Lowell sols Claimform - old Shopacheck loan 'debt'


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I hope this is in the right place, please would any mod kindly move if not.

 

I would appreciate any guidance along the way from pple more versed in the small claims court.

Lowell Solicitors have lodged a claim with Northampton, particulars as follows.

 

Issue Date:
18-1-2016

Amount approx:
under £600

Claimant:
Lowell Portfolio 1 LTD

Solicitor:
Lowell Solicitors Limited

Original Credit:
Shopacheck

 

Particulars of Claim:

1) The defendant entered into a Consumer Credit Act 1974 regulated agreement with Shopacheck under account reference ******** ("the agreement").

 

2) The defendant failed to maintain the required payments and a default notice was served and not complied with.

 

3) The agreement was later assigned to the claimant on **/**/2012 and notice given to the defendant.

 

 

4) Despite repeated requests for payment, the sum of *** remains due and outstanding.

 

 

And the claimant claims

 

a) The said sum of ***

 

 

b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, acrruing at a daily rate of *** but limited to one year, being ***.

 

 

c) Costs

 

 

What I have done so far:

 

 

 

1) Acknowledgement of service - Online MCOL Website (20/01/2016)

2) Sent CCA REQUEST - £1 postal order - Signed For Post (21/01/2016) - Lowell Portfolio I Ltd

3) Sent CPR 31.14 - Requesting Default Notice, CCA Agreement and assignment - Signed For Post (21/01/2016) - Lowell Solicitors

 

 

I
Cannot for the life of me remember having shopacheck, but then again in 2012 my head was up my proverbial **** as my mother died that year.

 

I have never received any default notice from Shopacheck or Lowells, I am very good with paperwork/documents/post, everything that comes that is official if filed in ring binder boxes...

 

If I had received any default notice I would have acted.

 

Also, I never received any letter from Shopacheck / Lowells to inform me that the debt has been re-assigned.

 

I am not denying the loan but also am not accepting it as I just do not know, what I do know is I have had 20 + loans from shopacheck in the past since circa 2000 , so do have a financial history with the company

I have looked through any/all paper work kept from previous loans but cannot find details of the one they are referring to with the reference number they gave me in the Particulars of Claim.

 

 

So, as of 15/02/2016, Lowell Portfolio I Ltd have not replied to the CCA, Lowell Solicitors did reply to the CPR stating they are requesting the documents but that is as far as it went, they refused to answer my question asking for an agreement to extend the time for filing defence.

 

Last night I filed my defence in time for the 15/02/2016 defence deadline. the defence was along the lines of this link

 

Thanks to anyone who can help with guidance along the way

Edited by Andyorch
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Thread moved to the appropriate forum.

 

if you could post a copy of your defence here ...links to external sites not allowed.

 

Regards

 

Andy

  • Confused 1

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Thank you for your reply andyorch, from browsing the site it seems that i'm in great hands with you looking in on my thread, thanks again. I am sorry about the thread being in the wrong place, and the attempt to link externally.

 

Hopefully these two photos will show up, if not I will just reproduce it in a post.

 

 

 

thepalace1

org defence.pdf

Edited by thepalace1
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Kind words indeed...I would rather not make comment on the defence you submitted as it has now been submitted....so lets see if they respond or whether the claim is stayed.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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  • 4 weeks later...

So, it is now 11/03/2016, it has been 25 days since I submitted my defence, What happens now, I read somewhere that they have 28 days to respond.....

 

Do I need to do anything my self on day 28? do I ask the court to strike the claim out? what would be my next move?

 

Thanks

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next move is the claimants

 

 

the claim becomes autostayed 33 days from your defence filing date.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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And then after 33 days can I ask the court to strike it out?

 

No ...nothing to strike out until a claim has been allocated to track.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

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  • 1 month later...

Hi,

update is that the court have asked for me to complete a DQ (Directions Questionaire) what should I put in this.

 

 

As stated I deny the debt,

Lowell and their solicitors have not responded to anything I have sent them be it a CCA or CPR,

 

 

any help would be great

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Red top toolbar search Cag box

Direction questionnaire

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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