Lowell/Lowell sols claimform - old cat debt

[sk101]

Hello Everyone,

 

I had few hundred pounds stuff ordered from shop direct in 2013 .

I didnt like the stuff and sent it back ,

I got email confirmation that shop direct will refund in my account which they never did .

 

I have more then 25 emails which I sent them and their replies that they have received the goods back and they will credit the account they never did.

 

Three years later I got latter from Lowell demanding £3182 and its going higher day by day.

 

I requested CCA AND CPR on 11/12/15 . I requested ,

1. Agreement / Contact

2. Default Notice

3. Assignment

4. Formal Demand

 

But instead I received the Lowell made documents today which they will present in court.

 

I have attached here. ( PLEASE HELP i have never been to court and dont know what to do ?

 

There are more documents here...

 

Thank you Andy ..I haveattached court documents here.

docs1a.pdf

[AndyOrch]

I think you need to tell us a little about the court claim skhoker

 

If you would read the following link and then post the Qs and your responses back here to enable the best advice on how to deal with your pending hearing.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(4-Viewing)-nbsp

 

 

Regards

 

Andy

 

Thread moved to financial Legal Issues

 

Thanks you have left case numbers and passwords and bar codes showing...uploads unapproved.

 

Site Team can still view them ..its your choice if you wish to amend and re upload for posters.

 

Andy

[havinastella]

This is REALLY simple.

 

Do you owe the money?

 

If you ordered £3000 of goods, did you send £3000 worth of goods back?

 

Do you still have copies of the emails saying that everything was returned?

[sk101]

What is the value of the claim? A: £3182

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

When did you enter into the original agreement before or after 2007? A: 2013

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? A: NO

Did you receive a Default Notice from the original creditor? A: NO

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? A: AFTER THREE YEARS FROM LOWELL

Why did you cease payments? A: I RETURNED GOODS WHICH THEY SUPOSE TO CREDIT BUT THEY NEVER DID

What was the date of your last payment? 2013

Was there a dispute with the original creditor that remains unresolved? A: YES

[AndyOrch]

I assume you have done the same for all uploads ..names showing /case numbers /agreement numbers.....you must obscure/remove all identifiable details before uploading to the forum.

[sk101]

No I never ordered £3000 goods . The goods were few hundred pounds they have added all the charges and God knows what.

 

Yes I do they are in my inbox which I will print.

[AndyOrch]

Dont upload anything further until you have read and understood my posts #2 and 5

[havinastella]

The £3000 was

figurative

 

Do you STILL have the emails?

 

When was the court claim?

 

Did you acknowledge the claim?

 

What was your defence?

 

ETC ETC ETC ETC

 

And that's all you need!

 

You should have/need to ask them how this amount became due!

[sk101]

Yes I still have the emails sent to original creditor.

Court hearing is on 29/07/16

No I decided to defende

My defence was I do not owe them anything.

[havinastella]

Yes I do they are in my inbox which I will print.

 

And thats all you need.

 

Although you need to/should have put them to strict proof of how the amount claimed is owed.

[sk101]

After complaining to them they closed my account. They did not send me statements or anything to proove I owe them. Now Lowell is after me

[havinastella]

It's almost even to late for Andy to help you now.

 

You should have found this site earlier. I bet they have trashed your credit file, a nice little counterclaim would have been forthcoming from me.

[AndyOrch]

If we could see the particulars of claim (as it states in the link you completed) and a copy of the defence you submitted.

A copy of the Notice of Allocation would also be helpful.

 

Remove any identifiable details first

[sk101]

It's almost even to late for Andy to help you now.

 

You should have found this site earlier. I bet they have trashed your credit file, a nice little counterclaim would have been forthcoming from me.

 

So what does that mean? they will win the case even if they cant proove I own them anything?

[havinastella]

So what does that mean? they will win the case even if they cant proove I own them anything?

 

Oh no, but you would have had excellent advise and probably have won before it all went this far. Now it's 50/50. Just do as Andy asks and he'll/we'll help as much as possible.

[dx100uk]

can you type out the POC from the claimform

 

and type out the defence you filed.

 

docs that are relevant are now in post 1

we need your WS too

 

I notice this is pre apr 2007 so that blank recon agreement? they have sent wont wash.

[sk101]

Yes they have sent me blank agreement and lots of printed terms and condition. Where do I find my defense I filed it online .?

[dx100uk]

did you not keep a copy?

[sk101]

I checked file I only have blank claim forms and I filed it only . I am going try and login hmgateway.

 

Hi I dont remember filinig defense all I did was go online replay the claiming saying i will be defending.

[dx100uk]

Well you must have filed one for it to progress...

So what did you put in your witness statement please

[sk101]

I was trying to login claims online website but couldnt I will login tomorrow to see. I think I said was I dont owe them anything.

[AndyOrch]

You must have filed a defence for the claim to be allocated...the claimant refers to your defence in its witness statement.Have you completed your witness statement and submitted it to the court and claimant ...was suppose to be done by mid June ?

 

As per the courts Notice of Allocation (Directions ) contained in your upload.

[sk101]

To be honest I have no idea . Is there anyway to find out? I wish I knew about this forum before.

[AndyOrch]

Have you not read the docs you uploaded...the claimant witness statement...?

 

Have you not read the court notice on preparation for the hearing you uploaded....? In particular points 4/5/7...that is what you had to do by 15th June.

 

Have you actually read anything you have uploaded?

[sk101]

I was waiting for the documents I requested from Lowell . I am not sure what I am doing and thats ehy I am here for advice.