Lowells/BW claimform - Shop Direct CAT 'debt'

[CornishGal]

I received a copy of General form of judgement order ordering that the claimant shall by 24/9/2016 serve copies of particulars of claim/document by which rights under the agreement referred to/notice of assignment/default notice.

I have now received these documents from BW Legal which have been lodged at my Local Court

CCA return.pdf

Edited October 4, 2016 by dx100uk
+4MB attachment redacted shrunk - dx

[shamrocker]

The Shop Direct account summary has a reference number and possible Surname on it. Can you take the pdf down and remove the details?

 

Did you have a letter with the documents referring to what they are and why they're sending them?

 

I note £306 charges. The agreement is a recon and is missing page 2 - did they send it?

[CornishGal]

oops! sorry I dont know how to remove it

[dx100uk]

attachment sorted,

 

 

dx

[dx100uk]

so that sorts the mystery then

its a CCA return.

 

 

dx

[CornishGal]

So is all this paperwork sent by them going to stand up in court then

[shamrocker]

So is all this paperwork sent by them going to stand up in court then

 

Not quite. Sit tight for a minute and let the claim progress. Let's see what they produce at Disclosure stage. Given the amount of the claim, I think there's enough scope to tie them in a few knots later and make them consider the viability in pursuing to the end....whether it's good enough to achieve 100% success remains to be seen.

 

Do you recall whether the agreement commencement date is what they actually say... 21 July 2007? It looks odd to me that the first payment date is exactly a month after the account opening, then another within two weeks. Hmm..

[CornishGal]

No ime not sure at all of the commencement date. But then I would not trust these lot with any of the dates given but as I have no paperwork ime at the mercy of them.

[CornishGal]

Looking at the last payment date of 29/07/2010 would this not make this debt SB, or because they lodged a claim before this date would that make it enforceable

[shamrocker]

No, it's not SB...probably why they made the claim when they did, as the clock was running out.

 

Have you received Directions from the court yet...hearing date, deadline for disclosure, etc?

[CornishGal]

No the only thing ive had from the Court is a Copy of the General form of Judgement for Lowells/BW to send paperwork by 28/09/2016

[shamrocker]

I received a copy of General form of judgement order ordering that the claimant shall by 24/9/2016 serve copies of particulars of claim/document by which rights under the agreement referred to/notice of assignment/default notice.

I have now received these documents from BW Legal which have been lodged at my Local Court

 

Have you uploaded everything you've received?

[CornishGal]

No, would you like me to upload the copy of the letter sent to the court & myself by BW/Lowells outling the request for the General form of judgement request

[shamrocker]

No, would you like me to upload the copy of the letter sent to the court & myself by BW/Lowells outling the request for the General form of judgement request

 

Yeah, upload everything as a single PDF in the order that they've been provided. Edit out any identifiable details first though.

[CornishGal]

This was everything received last week along with what's in post #51

pdf.pd.pdf

[shamrocker]

You haven't included the exhibits - can you add them?

 

I don't see any reference to the Default Notice on their WS?

 

You've also left some reference numbers on some pages, and an account number on the top of second-last page.

[CornishGal]

Sorry about the ref no's did a really thorough check (well I thought I did) unable to delete from this end..... Along with what is on post 51 I have uploaded everything I have received from them.

[shamrocker]

Sorry about the ref no's did a really thorough check (well I thought I did) unable to delete from this end..... Along with what is on post 51 I have uploaded everything I have received from them.

 

Ok... it would be really helpful if you could put everything in one document, and in the order of which they're presented in the WS, and upload it as one single PDF. It will make analysing what they've given so much easier.

[dx100uk]

attachment hidden

[CornishGal]

Sorry what is WS

[dx100uk]

witness statement

says that on the the front page of all they sent.

[CornishGal]

Attached copies of everything I received last week from Lowell/BW (apart from the Court Document which came abt 3 weeks ago

complete WS.pdf

[shamrocker]

Many thanks. Do you recall actually filling any agreement in when opening the account?

[CornishGal]

No I don't recall filling anything in at all.

What puzzles me is why if they have had this debt for all this time do they start a claim now

is it to build interest on it & then catch you out last minute?

 

 

Also when they sent me a pre-court letter I replied with a CCA & CPR but yet they still went ahead with the claim

 

 

I thought requesting those would put any sort of court claim on hold ( I could very well be wrong on that count though)

[AndyOrch]

I would tend to agree Cornish..its to build up the section 69 interest 8%...they buy debts...dont contact you for payment ...wait 5 years and then issue a claim and deceive the court with particulars going on about Pre Action Protocol and how they have tried everything to make contact to no avail and therefore in desperation (just before it hits 6 years) had no alternative but to issue a claim.

 

Courts fall for it everytime.

 

Andy