Lowell/Lowell Solicitors claimform - old Shop Direct Cat Debt

[Hotdog77]

dx100uk + Andyroch,

 

Ah!! I see...been waiting at my letterbox almost everyday waiting for the allocation letter.

 

I will post further details once i receive the N157

 

Thank you

[Hotdog77]

So!! The case has now been allocated, with hearing date of 4th June 2018. On receipt of the letter I called and requested mediation again, and I'm sure this will get no where but worth a try.

 

In the meantime, not sure what to do prior to court date.

 

is this ok?

lowell.pdf

[dx100uk]

you must do a witness statement.

 

dx

[AndyOrch]

After point 14 what date must the claimant pay the hearing fee ?

 

Andy

[Hotdog77]

They must pay by 7th May 2018.

 

Is there a link to a good witness statement that i could read?

 

I dont want to go to court so i'd like to know what is the latest date/stage before court, that we i make an agreement....All being if they pay on or before 7th May.

[dx100uk]

why we don't often lose CAT debt'

 

use our search CAG box in the top red toolbar

 

claimform Lowell CAT

[shammmy]

Why don't you want to go to court?

[Hotdog77]

@ Shammy - Don't want a CCJ

@DX100uk - You guys are so positive. Really wish I could be. Got mediation tomorrow, my 2nd bout with these people. Will see how it goes then do witness statement

 

Any tips for mediation?

[dx100uk]

have you received all the required paperwork from the claimant?

[Hotdog77]

Nope

[Old Cogger]

then you tell mediation who will say mediation not suitable and the case goes back to court

[Hotdog77]

What i have received from Lowell

• Photo copy of some form of so called "Statement" a detailed summery of last 3 years of "Goods ordered", "Payments", Adjustments
  
• A
  

print out of CCA 1974 - unsigned

[dx100uk]

the three question asked on the N180 are asked again.

when asked if you have received enough information/paperwork to proceed with mediation etc

you reply - not enough to make an informed decision with the scant information provided so far

[Hotdog77]

Hello there,

 

Just to update you that the mediation didn't happen.

The person doing the mediation called me and said I've already previously had mediation which was left with nothing agreed.

They dont normal offer mediation twice, so to get other people through on the phone, its best to carry on through to the courts.

 

I will upload the witness statement

[Hotdog77]

Hello There,

 

Been reading up on some cases similar to mine, and i feel a little worried.

If Im being honest, I've buried my head in the sand thinking this will all go away soon.

 

Not sure how firm my case will stand up in court tbh.

 

Just wanted to also check that i am working to 14 working days before my actual court date right?

 

If the judge doesn't agree with my defence, does that mean that i will be issued with a CCJ and have to pay the claimants court fees?

 

Sorry bout this, just voicing my thought out here

[dx100uk]

calendar days

[AndyOrch]

Hello There,

 

 

If the judge doesn't agree with my defence, does that mean that i will be issued with a CCJ and have to pay the claimants court fees?

 

Sorry bout this, just voicing my thought out here

 

Afraid so.... thats how the process works.

 

 

Andy

[Hotdog77]

@DX100UK Noted

 

Received a Tomlin order from Lowell. Why would they send something like this prior to the court date? i this to shut me up? the court cannot regulate this is i sign to pay for everything.

 

I also noted that they have a sceenshot dated 2017 which has the address that i was staying at, at the time the default notice ws posted out to a previous address that i didn't stay at. furthermore on the CCA it has my parents address on it.

 

Is the screen shot the deeds of assignment, which i have been told by Lowell "wont be sent to me, as its a confidential agreement between client and original creditor containing information which i am not entitled to see.

 

is it true that if a ccj is paid withing a moth, that its removed from your files altogether?

Lowell tomlin order.pdf

[dx100uk]

why would they send this...well think about it...

they are begging you to agree to pay 'something' as they probably do not hold all the required paperwork to successfully litigate and win...##

 

dx

[Hotdog77]

I've been searching high and low looking for proof of postage for the letters sent but cannot find these.

i will have to rely on recent correspondence going back to 2017 where i requested information under cpr 31 .

 

I am also unsure how or what evidence i have to produce on the day.

Edited May 16, 2018 by dx100uk
spacing

[dx100uk]

nothing that you haven't already disclosed in your soon to be needed witness statement..

 

have they paid the fee?

[Hotdog77]

Hello there,

 

Please have a look at my witness statement below, is this ok?

I know its rather jumbled up eek!!

not sure if have the terminology correct in parts, I may have rumbled on slightly

 

I've found 6 different letter covering 2013 + 2014 which were sent to my parents address.

I will call the courts tomorrow to see if they had made the payment.

Is it best to get the statement to them on Monday (my 14th day) or Friday?

 

I also contact them via email to put forward a £200 odd full and final settlement, can i include this in the statement?

 

I make this statement in support of my defence to the claim above and rely on the exhibits attached.

 

This claim is for a Home Shopping agreement regulated by the consumer credit Act 1974 between the Defendant and Shop Direct Finance Company Limited under account reference +++++++++

.

It is admitted that I have held a catalogue account a number of years ago which I used to purchase some goods.

 

After some time, I questioned whether PPI was ever applied to my account.

I didn’t get a response from the original creditor and withheld any further payments until this could be resolved.

 

Since August 2011 I do not recall using the catalogue again at all, in fact I believed the account was closed.

 

In 2013 I begun to receive letters at my parent address on a monthly basis along with 2 visits from bailiffs sent by “Lowell Portfolio 1” pursuing my mother for the alleged debt.

 

In response to these letters, I requested under section 78.1 of the Consumer Credit Act, and paid the £1 fee via postal order for a copy of the credit agreement and statement of account, at the same time I also informed them of my current residential address, as the letters and bailiffs visits were causing harassment to my mother. Whom at the time was a full time carer to my father who was suffering terribly with dementia and prostate cancer

 

The claimant responded 25.02.2014 to inform me that they had not received a copy of the agreement from Shop Direct, as Shop Direct were trying to receive this from their archives (Exhibit A)

 

I am unaware of any outstanding balance and nor do I recall being contacted by the original creditors, nor have I been issued with a default notice pursuant to section 87 (1) CCA 1974.

 

I therefore cannot make any admittance to any alleged debt.

 

On the 23rd December 2016, in response to the particulars of claim served upon me, for more clarity on the matter I made a request under section 78.1 of the Consumer Credit Act, and paid the £1 fee via postal order for a copy of the credit agreement and statement of account.

 

I also made a CPR 31.14 request to the claimant’s solicitor 23rd December 2016, which was also received.

 

I enquired for information including:

 

1 Agreement/contract

2 Notice of assignment

3 Default warning letter

4 Default notice

5 Information statement of Account relating to the accrue of charges and interest

 

The claimant and its solicitors partially complied to my requests and sent the following which are deemed non viale:

1. Reconstituted agreement

2. Notice of assignment – I did not receive, as this was sent to a previous address I lived at

3. Default warning letter: I did not receive one

4. Information statement of account: screenshot without

5. Notice of assignment: I did not receive one

They have not sent any related documentation clarifying or proving the alleged debt, and therefore defaulted payments, or service of default notice.

 

The claimant have not been able to clarify by way of an itemised list how the alleged balance was derived and the legality of the charges applied to the said balance. The claimant has not in any way proven the existence of the alleged debt.

 

Notwithstanding the above the claimant remains in breach of the 12 day response period under Section 78.6, therefore the claimant is unable to request any relief until such time they can comply

 

It is therefore contended that there is no outstanding balance nor as the claimant been able to produce any documentation to prove otherwise and I therefore respectfully request that the court dismiss this claim and award costs it feel fit in defending this matter.

 

STATEMENT OF TRUTH

 

The contents of my statement are true to the best of my knowledge and belief.

 

Signed

 

Dated this day……………………..2018

[dx100uk]

that's a defence not a WS

lowells don't have bailiffs.

[Hotdog77]

that's a defence not a WS

lowells don't have bailiffs.

 

Stooth!! Ok I feel crappy .

I'll redo and resend

[dx100uk]

read other Lowell Solicitors claimform - old Shop Direct Cat Debt threads with a WS...

there are 100's!!