Name of the Claimant ?
Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.
Your acknowledgment of service was received on 25/10/2019 at 16:05:14
Your defence was submitted on 07/11/2019 at 09:55:10
Your defence was received on 07/11/2019 at 12:05:11
Particulars of Claim
Not sure how to view this at the moment, as its not listed on the views I can see online.
Will route out the paper copies and update in the morning.
It is a Shop Direct / Littlewoods
What is the total value of the claim?
Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ?
Yes - Which I ignored as it might have been within the 6 years for SBD
Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?
Did you inform the claimant of your change of address?
Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?
Yes - catalogue
When did you enter into the original agreement before or after April 2007 ?
After, in 2009
Do you recall how you entered into the agreement...On line /In branch/By post ?
Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ?
Only have CreditKarma - which it showed on until recently , but not anymore
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.
Were you aware the account had been assigned – did you receive a Notice of Assignment?
I can't remember getting one
Did you receive a Default Notice from the original creditor?
Probably, but it was a while ago so not sure
Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ?
Why did you cease payments?
in 2013. Not sure exactly but it was early in the year.
What was the date of your last payment?
Was there a dispute with the original creditor that remains unresolved?
Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?
In 2013 early, but they never accepted.
Damn. I misunderstood your comments on post #170 about timescales. I read "don't let a claimant impost time deadlines.........they impose the time limit because they have to pay the hearing fee". I can print a letter tomorrow and get it back first class though so they will received it Tuesday.
Is it a case of just filling in their 1-page paperwork/income/expenditure form (as we've gone through the CCCS/Stepchange, I will just add in the same figures which are correct) and wait for their reply? Or should I include a letter?
Also, if £2947 is owed, is there a sensible amount to propose owing such as the £1500 over 60 months which has been suggested?
So, after several months, got response back from Aviva.
"We confirm that Aviva is not responsible for investigating sale of PPI. This is because policy was arranged & sold by EPF. They were therefore acting as your agent in this matter; there was no agency agreement between Aviva & this firm so Aviva cannot accept responsibility for any advice that they might have given. HSBC are responsible for investigating these complaints, so I have sent them your details and have asked them to contact you.
Although Hamiton Life, now part of the Aviva group, were the underwriter of the policy in question , we were not responsible for the sale, or any associated lending. As such, you should direct any enquiry regarding undisclosed commissions to the lender who provided the finance that the PPI was protecting to progress this element of the complaint".
So where do I go from here? I contacted HSBC again before deadline, got response back from them saying they were not responsible either.
Thought this had gone away but Llowell have sent a letter to my daughters address, I have never lived there and although I moved address 18 months ago all my mail was being redirected so I know they have never sent anything to the address the contract was under.
They must have checked my credit file for some reason as many years ago I took out a contract phone with 3 mobile in my name for my daughter as a present and paid it for the first year she has paid it ever since.
The letter is giving me 30 days to make contact or they may issue a claim.
The amount they are asking for is £794.00
I intend to write to them asking for a detailed break down of the invoice and for a copy of the assigment notice as they say the account has been assigned to them.
Should I be asking for a copy that should have been sent to me by EE?
I dont understand why they would write to me at my daughters when all correspondence in the past fromm EE and Moorcroft has been to my previous (the contract) address unless they were trying to get a back door ccj.
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