Jump to content

 

BankFodder BankFodder


thepalace1

Lowell/Lowell sols Claimform - old Shopacheck loan 'debt'

style="text-align:center;"> Please note that this topic has not had any new posts for the last 1400 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

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
Link removed

Share this post


Link to post
Share on other sites

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

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

Share this post


Link to post
Share on other sites

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
update name

Share this post


Link to post
Share on other sites

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

 

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

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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..

 

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites
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

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

Red top toolbar search Cag box

Direction questionnaire


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

 

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...