Lowell/BW ClaimForm - shop direct cat 'debt'***Claim Dismissed***

[kay000]

Dear all

 

I am seeking advise once again on how to respond to a claim form issued to me by BW Legal on behalf of Lowell for a home shopping agreement through the County Court.

 

 

Any help is appreciated.

[AndyOrch]

Thread moved to Financial Legal Issues

 

Kay if you would kindly read the following link and copy and paste the questions and 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**

 

Regards

 

Andy

[kay000]

NAME OF CLAIMANT : LOWELL PORTFOLIO 1 LTD

 

DATE OF ISSUE : 13/05/2016

 

PARTICULARS OF CLAIM:

 

1.The claimants claim is for the sum of £243. 50 being monies due from the Defendant to the Claimant

under a home shopping agreement regulated by the Consumer Credit act 1974

between the defendant and Shop direct Finance company Limited under acount ref.xxxx

and assigned to the claimant on the 24/08/2012

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 8.00% per annum (a assignment of the agreement to 24/08/2013 being an amount of £18.30

VALUE OF CLAIM: Total amount £336.80

 

THE CLAIM IS FOR: shop direct cat debt

 

WHEN DID YOU ENTER INTO AGREEMENT: After 2007

 

who issued the claim: lowells

 

WHERE YOU AWARE THE ACCOUNT HAS BEEN ASSIGNED?

DID YOU RECEIVE NOTICE OF ASSIGNMENT: Yes

 

HAVE YOU BEEN RECEIVING STATUARY NOTICES AT LEAST ONCE A YEAR? Can't really remember

 

WHY DID YOU STOP PAYING: A bit of mixup with my details while trying to make payment, then being put through a lot of hassles to make payment,then eventually some hard times.

 

DID YOU COMMUNICATE ANY FINANCIAL PROBLEMS TO THE ORIGINAL CREDITOR

AND MAKE ANY ATTEMPT TO ENTER INTO A DEBT MANAGEMENT PLAN?: No

[AndyOrch]

What was the date of your last payment?

[kay000]

What was the date of your last payment?

 

Thanks for your response to help. The last payment should be in early 2012 can't remember the precise date and month

[kay000]

Do I acknowledge the claim form straight away or make a CCA request first. Any advise is appreciated

[AndyOrch]

Details are provided for sending CPR/CCA requests in the link in post #2 kay.

 

With regards to acknowledgement of service...you have 19 days from and including the date on the claim form...but you can do it anytime now if you're sure of your plea and don't require the time to decide and research.

 

Register to use MCOL and acknowledge on line and follow the instructions contained in your pack

 

Andy

[kay000]

Thanks Andy.

 

I honestly do not know how to plea on this matter.

 

My plan from the other threads i researched is to utilise the CPR/CCA request to know if there was any sort of signed agreement then make a plea based on that.

 

The thing is i don't know if the request will be returned before the deadline to acknowledge service.

 

Just trying to avoid a CCJ.

[AndyOrch]

Well the norm is they wont comply to a CPR request...but that's irrelevant but will be referred to within a defence as none compliance and failing to comply with pre action protocol.

With regards to a CCA request..they only have 12 +2 days to comply and if they fail they are in default and unable to enforce or request any relief pursuant to the CCA1974.

 

That's why I stated about using your time (19 days) to test the water....if not complied with in the above timeframe..invariably they cant supply....which then supports any defence.

 

Just basically trying to avoid a CCJ.

 

Then defend all...you can always retract if all the above fails....anything less than defend all is an automatic CCJ for the admitted amount.

[kay000]

Well the norm is they wont comply to a CPR request...but that's irrelevant but will be referred to within a defence as none compliance and failing to comply with pre action protocol.

With regards to a CCA request..they only have 12 +2 days to comply and if they fail they are in default and unable to enforce or request any relief pursuant to the CCA1974.

 

That's why I stated about using your time (19 days) to test the water....if not complied with in the above timeframe..invariably they cant supply....which then supports any defence.

 

Thanks Andy.I will begin to prepare CPR/CCA. So CCA is to the claimant in my case thats LOWELL POTFOLIO, and CPR31.14 is to claimant solicitor which is BW LEGAL. right?

 

Then defend all...you can always retract if all the above fails....anything less than defend all is an automatic CCJ for the admitted amount.

 

Thanks again Andy. in that case i will acknowledge and defend all without any more hesitations.

[AndyOrch]

Thanks Andy.I will begin to prepare CPR/CCA. So CCA is to the claimant in my case thats LOWELL POTFOLIO, and CPR31.14 is to claimant solicitor which is BW LEGAL. right?

 

Correct

[kay000]

Correct

 

Thanks Andy. Please any one knows about not being able to log into MCOL ? Not accepting my Claim number and password

 

Thanks Andy. Please any one knows about not being able to log into MCOL ? Not accepting my Claim number and password

 

Eventually logged in.

 

Please am i right to do the acknowledgement of service ,

the first option which gives me more time to prepare a defence before doing the actual defence?

 

and what is your unique Reference.?

 

is it ok to use the disputed account reference number?

 

pls any advise will be helpful as i don't want to get it wrong.

[AndyOrch]

Eventually logged in. Please am i right to do the acknowledgement of service ,the first option which gives me more time to prepare a defence before doing the actual defence? Yes and what is your unique Reference.? The number they provided when you registered? is it ok to use the disputed account reference number? pls any advise will be helpful as i don't want to get it wrong.

 

Andy

 

Case number ?

 

A unique reference number allocated to each case by the issuing Court.

[dx100uk]

simply log in to MCOL

select AOS

 

and using the required details from the claimform

 

ACk [aos] the claim

defend all

leave juris unticked

 

exit mcol.

 

CCA request to the claimant

CPR 31:14 to the sols.

 

 

then

using your thread title

copy and paste that into the red toolbar..search CAG

and read.

 

 

dx

[kay000]

Andy

 

Case number ?

 

A unique reference number allocated to each case by the issuing Court.

 

Oh my!

 

i filled in the account reference number.

 

I hope it won't invalidate my acknowledgement of service.

 

Do i call to make correction?

 

i was issued an id number/ GG number and an MCOL Customer number

but can't figure out any unique ref number by issuing court apart from claim No.

 

pls which is the right one?

[dx100uk]

case number from the claimform..

 

come on

engage brain...

 

this is the third claimform you've had on cag..

 

dx

[kay000]

Yeah i know, j

ust some experience i hate to remember.

 

Naturally brain goes to sleep this time of the day..

 

Seriously there is only claim number on my claim form

is that what you mean cos this is already there on the AOS page,

and how do i correct this?

[dx100uk]

urm it matches the one on your claimform...

 

don't give in this time by letting these type of fleecers get a tomlin either!

 

stand up for yourself..

[kay000]

Yeah same claim number on my claim form on the AOS page so very sure its another reference number required, maybe MCOL number, what you reckon

[dx100uk]

well that's the right one then...

don't forget..

you entered your pers details when you registered on MCOL...

..so..like this site

its allowed to be a little bit intelligent...

[kay000]

Yeah same claim number on my claim form on the AOS page so very sure its another reference number required, maybe MCOL number, what you reckon

 

Says "you may wish to enter your own personal reference for this claim" on the AOS page so may not be too bad what i filled in, or what do you think

[dx100uk]

why...get on with it...

 

 

never known anyone to have so much of an issue with simply ack'in a claimform.

[kay000]

OK, under a lot of pressure lately, all the same, thanks for your help DX.

[kay000]

Hi all, just checking that i got my time line correct.

 

I did acknowledge of service on the 20th May.

 

am i right to assume that i have up to the 7th June (18days after AOS)

to send in a defence?

 

any one kindly advice...thanks.

[AndyOrch]

I make it Tues 14th

 

DATE OF ISSUE : 13/05/2016 +33 days