Lowells/BW claimform - Shop Direct CAT 'debt'

[CornishGal]

Maybe not be illegal but certainly immoral.

[CornishGal]

Can someone please have a look at the paperwork I uploaded on post #72, I have had a court date this morning for the 29th November 2016.

 

Many thanks

[CornishGal]

Is anyone available for an update on this please, as said above I have now received a Court date for the 29th of November!

[shamrocker]

Hi CG... What do you need?

[CornishGal]

Thank you I need the paperwork I received last week on #72 taking a look at please, and a a bit of advise as said I know have a court date for the 29th November

[shamrocker]

Thank you I need the paperwork I received last week on #72 taking a look at please, and a a bit of advise as said I know have a court date for the 29th November

 

Can you post up a PDF of the Directions letter you've received from the Court? As always, remove all personal or identifiable details first.

[CornishGal]

This is what I received at the end of last week from the Court

10 10.pdf

[shamrocker]

You have to complete disclosure and Witness Statement by 15th November. The best thing to do now is get reading up on other threads so as to become familiar with what this entails, then post any questions you may have. This is where it becomes interesting, but you have plenty of scope within those documents they've supplied to challenge them.

 

With regards the disclosure, have a read here first: http://www.consumeractiongroup.co.uk/forum/showthread.php?460373-1st-Stop-Recoveries-Claimform-old-Uncle-Buck-PDL&highlight=uncle+buck - it's just one thread that came to mind.

[CornishGal]

Ok thanks, but before I do the reading up on it, is it at all possible to to offer a payment plan on this debt without actually admitting to it so to speak. I just want rid off it & with it not being a massive amount of money & dropping off my credit file in January I think I would rather get this off my back to be honest. What sort of offer could or should I make to them that would be likely to be accepted.

[shamrocker]

I wouldn't go making any offers personally. There's over £300 of charges on it and they haven't provided a default notice (which looks like one was never issued), if I remember correctly. If you sit tight, I reckon you stand a fair chance of getting a discontinuance without paying them a penny. You'll have to do a little work for it, but it shouldn't be a lot. We'll guide you through it.

 

At the end of the day though, the decision on what to do it totally up to you.

[CornishGal]

Dont think there is £300 in charges the total debt with interest is £457.88 initial debt was £343.60. Just as a matter of interest at the moment what do you think would be an appropriate offer of FF that may get accepted

[dx100uk]

Have you all the statements?

[CornishGal]

Everything that I have been sent from Lowells has been uploaded on here.

[shamrocker]

Dont think there is £300 in charges the total debt with interest is £457.88 initial debt was £343.60. Just as a matter of interest at the moment what do you think would be an appropriate offer of FF that may get accepted

 

If you look on the account summary/statement, it says: Charges - £306.

They will have stemmed from default/penalty charges that can be challenged as having no legal basis.

 

They've also charged you s.69 interest (£28?), which you can argue is at the discretion of the court, therefore not guaranteed.

 

You could always bring these to their attention and offer them £100 F&F - this would be totally your choice.

 

On the other hand, if you wanted to take them all the way to the end then I think you'll have a good chance of success and we would support you along the way.

 

 

Personally, I'd be surprised if this goes to court, but that's a chance you'll have to take and feel comfortable with.

[CornishGal]

shamrocker, thank you for your advise,

I would like to try and end this once and for all if possible before going to court if possible,

 

 

I have decided for the moment that I will write to them with an offer of the default balance of £165.44 (which is prob the amount I owe) I have drafted this letter & would be grateful if you could look over it for me.

 

 

WITHOUT PREJUDICE

 

Dear Sir/Madam

Account Ref: …...........................

 

I write with reference to above account for a Marshall Ward/Shop Direct Acct that you have started an MCOL claim for.

Whilst I don't admit any monies owed to you I would like to offer a full and final payment offer to yourselves of £165.44 which you state was the defaulted balance of monies owed to Shop Direct as of 10th January 2011.

 

The payments should you agree to this will be made in 2 instalments of £82.72

 

 

1. Payment One being on 31st October 2016 of £82.72
   
2. Payment Two being on 30th November 2016 of £82.72
   
3. 
   May I also add that the conditions of these payments rely on yourself marking my credit file as paid in full & removing the default within 14days of the last payment on 30th November 2016 and that you will discontinue with immediate affect the mcol claim on agreement to this offer.
   

[shamrocker]

I'm busy at the moment CG - will pop on this evening and give some input.

[shamrocker]

You could go down that route if that's what you really want to do. However, it might come across as desperate if you don't back it up with some reality. Therefore, it might be worth you adding something like:

 

Considering that the amount being claimed includes over £300 of penalty charges that have no legal basis, and wrongly applied s.69 interest, both of which will be challenged should the claim proceed to the hearing, I believe this Full and Final settlement proposal to be extremely fair and reasonable in the circumstances.

 

The offer remains available to you for ten days from the date stated on this letter.

 

Andyorch - do you have any comments to make on the wording of the proposal above? Does the wording need to be tighter or include any specific legal terms?

[AndyOrch]

To be honest I wouldn't be caving in just yet...why are we making offers ? Because of what they have disclosed and their witness statement?

 

Andy

[shamrocker]

To be honest I wouldn't be caving in just yet...why are we making offers ? Because of what they have disclosed and their witness statement?

 

Andy

 

I'm of exactly the same opinion as you Andy, but I've already made the point above and CG seems to value trying to bring an end to the process more than the £165 of her hard earned Pounds.

 

 

I don't see the point in persuading someone to carry on if they're not of that mindset.

 

 

Therefore, if CG does want to push on with the settlement offer, would the above be appropriate?

[AndyOrch]

Yes Shamrocker it would suffice...but I would assume the claimant would prefer it by way of a Consent/Tomlin Order..which also protects the defendant legally...rather than WP offer.

 

I personally would not extend the draft with reasons as to why they should consider the offer...because if they refuse the offer you have shown your hand and weakens your proposed intended witness statement.

[shamrocker]

Ok, thanks Andy.

 

CG, over to you now. You've got food for thought.

[CornishGal]

Thanks guys.

 

I did send a letter to Lowell & BW with an offer,

I have only heard back from Lowells saying that they are powerless to do anything & it is in the hands of BW (who ive heard nothing from)

 

They have now paid the hearing fee & it is due to be heard 25th Nov

they have submitted their case & I have to submit mine by 15th Nov.

 

Whilst I may have blown my chances of winning this one with offering a payment

I am still keen to end this before it gets to court,

 

is it worth ringing BW & trying to settle it & what would you think a reasonable offer would be on a £343 debt (not inclusive of their interest).

 

This debt is due to drop off my credit file in January 17 and I cannot risk a ccj being there for another 6years.

[dx100uk]

why don't you await to see if they do 'win'

you can always pay it within 28 days and it wont show

[CornishGal]

That is a possibility I suppose.

 

If I did loose would I have to pay all the debt including the interest?

would be a bit to tight to find all that within 28days.

 

Thought I may be able to settle a figure with them & pay over a 4/6 months.

 

At this moment I have to get my paperwork ready to submit to court for next Tuesday

I havnt the foggiest what ime doing or what they need

[AndyOrch]

The usual directions are to prepare your disclosure list and disclosures...this is all the documents that you have referred to in either your defence and intended witness statement..that you wish to rely on insupport of your defence.

 

Your witness statement will be a factual account of the debt and dispute in your own words and why you defended the claim..you can refer to exhibits within the WS as evidence and mark as same and attach.

 

Once completed your WS and exhibits also become part of your disclosure.

 

Andy