Lowell/Cohen - claimform - old JD Williams cat 'debt'

[Elenathion]

Hi,

I've received a claim form from Lowell / Cohen Cramer Sols for an old catalogue debt.

 

I want to file a defence with this point which I found on the CAB website:

 

"Agreement legally unfair

- the lender didn't check that you would be able to keep to the conditions of the agreement.

For example, they may not have checked that you could afford the loan repayments".

 

The reason that I want to argue this is because it started off as a small manageable debt

but every time I made a minimum payment they increased the credit limit.

The whole time I was unemployed and the debt became unmanageable.

 

I have mental health problems,

one of the ways in which it affects me is a lack of foresight and finding it hard to plan stuff.

 

Because of this,

whenever they increased the limit,

I spent more,

thinking that I would be able to pay it but quickly couldn't.

 

 

When this happened, I just buried my head and tried to ignore it.

 

Does anyone have any experience of arguing this unfairness point

or is anyone able to point me in the right direction for it?

 

Thank you.

[AndyOrch]

Hi Elenathion

 

Read the following link and then copy and paste your responses back here to enable the best advice on how to proceed with the claim.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(1-Viewing)-nbsp

 

Regards

 

Andy

[Elenathion]

Thank you Andy.

 

Name of the Claimant - Lowell.

 

Date of issue – 16 Mar 2016

 

What is the claim for –

1.The claim is for the sum of £1463 due by the Defendant

under a non-regulated JD Williams account with account reference xxxx.

The D failed to maintain contractual payments required under the terms of the account agreement.

The debt was legally assigned to the claimant on 06/Mar/2015, notice of which has been given to the D.

2.The claim includes statutory interest under s69 of the County Courts Act 1984

at a rate of 8% per annum from the date of the assignment

to the date of issue of these proceedings in the sum of £117.

The claimant claims the sum of £1580.

 

What is the value of the claim? £1765.

 

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

When did you enter into the original agreement before or after 2007? 12/10/2011.

 

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. Lowell.

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? I can't remember.

 

Did you receive a Default Notice from the original creditor? I assume so, but again can't remember.

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I'm not sure.

 

Why did you cease payments? The debt grew too large for me to be able to pay.

 

What was the date of your last payment? According to noddle, the default was 05/03/2014 so sometime before then.

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 management plan? No.

[AndyOrch]

Name of the claimant Elenathion is Lowell... Claimant is not me

[Elenathion]

Sorry I got mixed up then between C and D.

Yes, it's Lowell.

[AndyOrch]

No worries....you will get the hang...

 

You have 33 days in total if you intend to defend the claim in full.....19 days to acknowledge service (date on the claim form being day 1) and a further 14 days to submit a defence...so int total 33 days.

 

You can register to use MCOL and do all this on line....so disregard the claim pack but retain safely.

 

1.So firstly acknowledge service once you are ready.

2.Send a section 78 request to the claimant for a copy of the agreement (go to the library for template) follow the instructions

3.Send a CPR 31.14 request to the Solicitor (go to the Library for template) follow the instructions

 

 

Post back here if you are unsure of any of the above.