Lowells/BW claimform - Shop Direct CAT 'debt'

[CornishGal]

Hi All,

I received a letter of claim from Lowells & BW Legal re shop direct Acct on 26th April

saying to reply by 4th May or a claim will be made against me.

 

I sent Lowells a CCA request the same day to which Ive had no reply as to date.

 

On the 5th May I received a claim form in the post (thought it was fake at first as was a photcopy)

 

After having a look on this forum I have registered online with MCOL today & acknowledged the claim

& ticked defend all.

 

I there anything else I should be doing.

 

Thank you

[dx100uk]

hi ya

welcome

so we can help effectively

can you please fill this out

 

 

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

[CornishGal]

Name of the Claimant ? Lowell

 

Date of issue – . 5th May 2016

 

What is the claim for –

1The claimants claim is for the sum of £343.60 being monies due from the defendant

to the shop direct finance company ltd under account ref *******

and assigned to the claimant on 17/01/2011 notice of which has been given to the defendant.

 

2.The defendant failed to maintain the contractual payment under the terms of the agreement

and a default notice has been served and not complied with.

 

3.the claim also includes statutory interest pursuant to section 69 of the county courts act 1984

at a rate of 8.005 per annum. a daily rate of £0.08 from the date of the assignment

of the agreement to to 17/01/2012 being an amount of £29.28

 

What is the value of the claim? £457.88

 

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

 

When did you enter into the original agreement before or after 2007? Ime sure before this date

 

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

 

Did you receive a Default Notice from the original creditor? No

 

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

 

Why did you cease payments? Job loss

 

What was the date of your last payment? Not sure

 

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 managementicon plan? No

[dx100uk]

here is a recent thread almost exactly the same as your

follow the advice on there

http://www.consumeractiongroup.co.uk/forum/showthread.php?445106-Lowell-Carter-Claim-Form-Shop-direct-Cat-debt-***Claim-Discontinued***

 

 

you've done the CCA

so just ACK [AOS] the claim now on MCOL website

and get the CPR 31:14 running

[CornishGal]

Thank you, I acknowledged the claim yesterday will send the cpr in the morning & read thread

[CornishGal]

CPR sent this morning, I have also checked my credit report: Account started 21/07/07 Default date 10/01/11 Default balance £166. Is there anything more to be done at the moment.

 

Thank you

[dx100uk]

seem ok

 

 

just don't miss defence filing date

[CornishGal]

Just an update,

CCA Request sent 26th April signed for 29th April - No reply to date

 

CPR Request sent 11th May signed for 13th May - No reply as yet

 

Am I now ready for getting my defence together as the claim was issued 5th May

& if I am correct is due to be filed by 6th June

[dx100uk]

correct by 4pm that day.

 

 

time to read like threads..

 

 

copy and paste your thread title into

the search CAG box of the red toolbar

[CornishGal]

Good afternoon guys, could someone please take a look over my defence please

 

Particulars of Claim

 

1.The claimant's claim is for the sum of £343.60 being monies due from the defendant

to the shop direct finance company ltd under account ref *******

 

2.And assigned to the claimant on 17/01/2011 notice of which has been given to the defendant.

 

3.The defendant failed to maintain the contractual payment under the terms of the agreement

and a default notice has been served and not complied with.

 

4.the claim also includes statutory interest pursuant to section 69 of the county courts act 1984

at a rate of 8.005 per annum. a daily rate of £0.08 from the date of the assignment

of the agreement to to 17/01/2012 being an amount of £29.28

 

My Defence

 

The defendant contend that the particulars of the claim are vague and generic in nature. The defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

1.Paragraph 1 is noted.It is accepted that I have had dealing with Shop Direct in the past but any alleged balance is and remains in dispute.

 

2.Paragraph 2 is denied as I am not aware of any legal assignment or notice of assignment allegedly served.

 

3. Paragraph 3 is denied.I am unable to recall any of the precise details of the alleged agreement or any default notice served in breach of defaulted payments.As the claimants plead in their particulars with precise knowledge of the default then they are put to strict proof to evidence such fact.

 

4. On the 05/05/2016 (sent by recorded delivery) I requested information to this claim by way of a CPR 31.14 request and a section 78. The claimant has declined to respond to that request and remains in default of the section 78 request and until such compliance is unable to request any relief connected to the alleged agreement.

 

5. On the 26/04/206 (sent by recorded delivery) I also requested a information pertaining to this claim by way of a CCA Request. The claimant has failed to respond to that request and until such compliance is unable to request any relief connected to the alleged agreement.

 

(a) Show how the defendant has entered into an agreement;

(b) Show how the Claimant has reached the amount claimed for, and

© Show how the Claimant has the legal right to, either under statue or equity to issue a claim.

 

6. As Civil Procedure Rule 16.5(4), it is expected that the claimant prove the allegation that the money is owed.

 

7. Furthermore, if the claimant is an assignee of a debt, it is denied that the claimant has the right to lay a claim due to contraventions of section 136 and 196 of the Law of Property Act 1928 and section 82 (a) of the Consumer Credit Act 1974

 

8. The Claimant has failed to comply with sections 111 and 1V of the pre action conduct 'practice directions'

 

9. By reasons of the facts and matters set out above, it is denied that the claimant is entitled to the relief claimed or any relief.

[AndyOrch]

Just your point 3 to complete that you have not responded to...rest is fine and checked.

 

Regards

 

Andy

[CornishGal]

Ok, is this is what is missing?

 

3. The Claimant is denied section 69 interest to the value of..... which they have included within the alleged debt it has yet to be judged and is at the discretion of the Court to allow any interest.

[AndyOrch]

Ok, is this is what is missing?

 

3. The Claimant is denied section 69 interest to the value of..... which they have included within the alleged debt it has yet to be judged and is at the discretion of the Court to allow any interest.

 

No, the Claimant states....

 

3.The defendant failed to maintain the contractual payment under the terms of the agreement

and a default notice has been served and not complied with.

 

You have not responded to their point 3 ...that's why I have highlighted it in red and left a ?

[CornishGal]

Ok fine but in my original post for defence this is what was point 3 ( The Claimant is denied section 69 interest to the value of..... which they have included within the alleged debt it has yet to be judged and is at the discretion of the Court to allow any interest.) I presume it was removed as it was incorrect & not answering the point.

I have had a look around the forum for pointers but am at a loss as to what to reply with, a little help would be gratefully appreciated

[dx100uk]

their POC point [paragraph] 3 - NOT YOUR defence 3

[CornishGal]

Ok fine, but I am at a total loss as to what my reply should be to this, I am trying but getting nowhere with it

[AndyOrch]

Ok fine but in my original post for defence this is what was point 3 ( The Claimant is denied section 69 interest to the value of..... which they have included within the alleged debt it has yet to be judged and is at the discretion of the Court to allow any interest.) I presume it was removed as it was incorrect & not answering the point.

I have had a look around the forum for pointers but am at a loss as to what to reply with, a little help would be gratefully appreciated

 

Yes I have removed that because its irrelevant at this stage.....responding to their point 3 is more important...any thing you do not deny will be taken as an admittance in a court claim.

[dx100uk]

well it will be almost the same as your point 2 ....

[CornishGal]

Is this of any use?

It is accepted that I have had financial dealings with Shop Direct in the past but have no recollection of the account details or the amount referred to in this claim.Until such time the claimant can disclose the necessary documents that this claim relies upon the claimants claim is denied.

[AndyOrch]

Is this of any use?

It is accepted that I have had financial dealings with Shop Direct in the past but have no recollection of the account details or the amount referred to in this claim.Until such time the claimant can disclose the necessary documents that this claim relies upon the claimants claim is denied.

 

Your point 1 in response to their point 1 is already finished and done.

 

This is their point 3.....

 

3.The defendant failed to maintain the contractual payment under the terms of the agreement

and a default notice has been served and not complied with.

 

And you have to respond to that....why did you fail to make payments and did you receive a Default Notice ?

[AndyOrch]

Take a read of the following thread...from post#22 onwards...same particulars as yours....and the poster made the same error.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?446689-Lowells-BW-legal-ClaimForm-old-CAT-debt-***Settlement-Agreed***/page2&highlight=Lowells%2FBW+claimform+-+Shop+Direct

[CornishGal]

If cannot remember if I received a default notice from the original creditor & as for failing to make payments it was probaby due to loss of job. I have looked through other posts as per advise on here #4 and can find no information or help on what to post for this. I am not trying to be unhelpful or ungrateful but I am now stuck as to what to put

[dx100uk]

post 21 linked thread ...look there.

[CornishGal]

3. I am unable to recall any of the precise details of the alleged agreement or any default notice served in breach of defaulted payments.As the claimants plead in their particulars with precise knowledge of the default then they are put to strict proof to evidence such fact.

 

Will this surfice, I think I now understand what you meant by reading that thread

[AndyOrch]

Got there in the end:wink:

 

I could of inserted it hours ago...but we want you to understand your defence and what you are pleading...and have a basic knowledge of drafting a defence.

 

Your Defence has now been edited and completed with 3. included.

 

Regards

 

Andy