Lowell claim form old Shop Direct debt ***Claim Dismissed***

[Bobraf]

Hi

A couple of years ago I got made redundant,

I had a few small debts at the time and got into a bit of a mess with them.

Everything was sorted reasonably quickly but these debts for some reason I did the stupid thing and just ignored them.

I know I should have sorted them before but I didn't and now they've reared their ugly head again

 

 

I received a claim form from Lowell for an old shop direct debt.

I won't lie I'm a bit worried as they hold a couple more of my debts so if they've done this with this one I'm expecting similar with the other two before long..

I could really use some advice on this one with that has the claim form.

 

 

I've read loads of threads on here and used the advice given to get so far but now I'm not sure what to do next.

 

I received the claim form,

I acknowledged it on mcol and ticked to defend.

I sent off the cpr 31.14 and cca request.

 

 

Lowell solicitors replied almost straight away with 2 copies of notice of assignments.

 

 

Neither are even on headed paper,

one is actually a general letter introducing Lowell.

 

 

I catagorically didn't receive these before but I guess as they've sent them to me now that they will count as evidence they exist?

 

Can I still defend the claim after they've sent this?

Lowell solicitor said in the letter that they've contacted shop direct for the other documents including the default notice.

 

 

I've not heard back from them since but my defence is due in early next week and I'm not sure where to go from here or if I should just admit defeat and pay them.

 

 

They've added loads onto the bill already and I don't have copies of any statements but I was fairly certain it was only a very small amount I owed at the time and now it's over £400 they're taking me to court for

[AndyOrch]

Hi Bob and Welcome to CAG

 

If you could read the following link and then copy and past the Qs and your responses back here for further advice on how best to to deal with the court cliam.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**(1-Viewing)-nbsp

 

Regards

 

Andy

[Bobraf]

Name of the Claimant ? Lowell portfolio

Date of issue – 17th jan

 

Date to submit defence = by 4pm Friday 17th

 

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down.

 

1) the defendant entered into a consumer credit act 1974 regulated agreement with shop direct under account reference #######

2) the defendant failed to maintain the required payments and a default notice was served and not complied with

3) the agreement was later assigned to the claimant on 01/03/2015 and notice given to the defendant

4) despite repeated requests for payment the sum of £300 remains due and outstanding.

And the claimant claims

a) the sum of £300

b) interest pursuant to s69 county courts act...

C)costs

 

 

 

What is the value of the claim? £300

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

 

When did you enter into the original agreement before or after 2007? After

 

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. Debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No but their solicitor have sent me one in response to my cpr 31.14 request, although this is pretty generic and not on headed paper

 

Did you receive a Default Notice from the original creditor? No

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

 

Why did you cease payments? I stopped paying a few small debts when I was made redundant, although in all honesty I don't actually recall this debt at all

What was the date of your last payment? I honestly have no idea

 

Was there a dispute with the original creditor that remains unresolved? No

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? No I don't think so

 

 

 

If you have not already done so – send a CCA Request to the claimant for a copy of your agreement

Done

 

Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form. There are two different versions - one for Loans/Credit cards the other for Current accounts

 

Sent.

 

You may use a CPR part 18icon request for any other information (not request documents) that you might require in order to defend yourself

Should I send one of these to request information regarding charges? I'm pretty certain that the whole amount must be made up of charges

[AndyOrch]

Many thanks BOB.

 

Okay so you have done well so far......dont for one min think about admitting this claim.In the meantime ring Shop Direct and ask what date was your last payment.

 

Let Lowell try to get the documents requested.

 

And start looking at other threads from the same claimant and type of debt...get a feel for the process...and also take a look in the Financial Legal Success forum for the concluded claims and how this type of claim usually ends.

 

Regards

 

Andy

[Bobraf]

Thanks, I'll get reading some more this evening and I'll phone them tomorrow?

[Bobraf]

Sorry it's been a while since I posted,

I didn't phone shop direct to ask when I last made a payment

because when I've reread the notice of assignment they've sent it says the account was opened in 2014 so it can't be statute barred.

 

 

It also says its with woolworths which I thought had gone bust about 10 years ago.

I've looked online and the U.K. Woolworths it says merged with very but it doesn't say when.

 

 

I did have a very account, but This definitely isn't that and I didn't even know woolworths ever did the whole catalogue thing so I'm really confused!

 

Also, I have a few questions if that's ok

 

I sent off the cpr 31.14 and cca request and almost straight away I received 2 letters from Lowell solicitors,

one a notice of introduction to Lowell which just seems generic,

and the other a letter worded as a notice of assignment but not even on headed paper so I don't believe it's genuine,

is there a way I can argue that or is it just a case that they've sent one which would be enough for the courts?

 

Also, I'm now on filing my defence, it needs to be in by Saturday

and although I've been reading all the posts I can on here about it all I thought I should wait to see if they produced all the evidence I requested, statements, default notice etc which I've still not received.

 

 

Can I still file my defence?

As in, do I include the fact that I dispute the notice of assignment provided or do I just leave that bit out?

 

Also, Along with the notice of assignment from Lowell solicitor it had a covering note saying that they'd contacted the original creditors to request the other documents I'd requested and I'd get them as soon as they did.

 

 

I then received another letter today from Lowell solicitors today saying the same thing, that they've requested the docs from the original creditors and they'd send them to me when they'd got them.

 

 

Is that trying to put me off filing a defence or are they genuinely trying to get hold of them?

[AndyOrch]

Well you shouldn't be waiting or basing your defence on what they can possibly send...because they wont be sending anything in time before your defence...your defence will be based on putting them to strict proof to disclose all documents that their claim relies upon...this type of defence does not require anything from the claimant at this stage.

 

Andy

[dx100uk]

well ideally you don't wan them to get the docs...then non compliance in your defence will blow them out the water.

 

just note your correct def filing date too

by 4pm Friday 17th

there are plenty of shop direct or CAT claimforms thread in this forum as the successes forum too

all have the text of the holding/no paperwork defence we use

that you can base yours around.

[Bobraf]

I submitted my defence in plenty of time, and have been waiting for progress from lowells.

 

 

I received some documents from Lowell solicitor following my requests but most of my requested documents weren't there so I was thinking all was fine and having read loads of their threads I thought I had an argument for court..

 

 

I've just found a letter and it's the directions questionnaire and I think I've missed the dead line, it's either today or tomorrow that it needed to be in and I'm late.

 

 

I don't know how I'd missed the letter but I'd filed it away unopened .

 

I'm not sure what I can do now because I'm late with it.

 

 

Is it game over or can I still send it late?

[dx100uk]

if its the N180

just fill it in

yes to mediation

rest is obv

you can sendit recorded to the court

you get a few days leeway as you are a LiP [litigant in Person]

 

 

the claimants sols copy can go by 2nd class mail with free proof of posting

you don't need to sign their copy nor give them Email/phone contacts.

 

 

when was it due?

[Bobraf]

It was due today. I can't believe I've missed it.

Should I phone the court as well? Or just send it? They'll get it 2 days late.

 

To serve a copy to Lowell do I just photocopy it and send it to their solicitor?

[Old Cogger]

directions: [email protected] send it now E-mail

[dx100uk]

yes email

as for lowells read my post above

[Bobraf]

Oh good idea thank you. Should I send a hard copy as well?

 

Do I need to scan it in though as I can't do that until the morning or is there a copy online I can get?

[dx100uk]

https://cse.google.co.uk/cse?cx=partner-pub-0964707606882478:iycnfeikf4h&ie=UTF-8&q=court+N180+online&sa=Search+the+Web#gsc.tab=0&gsc.q=court%20N180%20online&gsc.page=1

[Bobraf]

I've just found one online and filled it in and sent it. Thank you!

Should I send a hard copy as well or is that one ok?

[dx100uk]

that'll do

 

 

just copy it to lowells as post 10

[Bobraf]

Hi, I hope it's ok to resurrect my old post.

 

 

My court date is coming up very soon,

I've been trying to ignore it all for a while in the mean time but now I'm just trying to get all my documents together and sorted in time to file.

 

 

I have a few questions if anyone would please be able to help, I'll number them to make it easier...

my court date is 7th August, and the directions say I have to file all documents 14 days before.

When I spoke to the court they confirmed that would be 24th July.

 

1) do my documents have to be sent to Lowell and the court before the 24th or would recorded delivery to arrive on the 24th be ok?

I'm struggling because it's the weekend and 24th is Monday.

 

2) I've very recently moved house, a couple of weeks ago.

I thought I'd notified the court by email as they said it had to be emailed for them to accept it.

 

 

I then phoned them yesterday to check they'd updated it and they're over 3 weeks behind on their emails so haven't yet processed it but did write a note with my new address on but said it still wouldn't be updated until the email had been processed.

I then checked and the email hadn't sent and was in my drafts, so I sent it again yesterday.

 

 

I had also phoned Lowell solicitors for their email and had cc'd lowell solicitors and Lowell into the email.

I've received no response from Lowell and I'm worried about them sending their documents through to my old address instead of my new one.

Will I have any comeback if they do as I can prove I sent my change of address?

It is very close to the dates, although I'm absolutely certain they won't have sent me anything yet..

 

3) following my defence etc when they first filed the claim,

I requested all documents and they sent me a notice of assignment and a few letters saying they would provide the others I'd requested soon.

 

 

I have received none of the others at all, at the moment I'm struggling to find the letters they sent me saying they'd send the documents soon.

I had all of this court stuff together in a file and I'm not sure why they appear to have gone missing while we've moved.

I am going hunting this afternoon and am hopeful, but if they don't turn up will this be a problem for me?

 

4) the notice of assignment they've sent looks, at best, dubious to me, it's a typed letter not even printed on letter headed paper, will this stand up in court or can I argue as to its authenticity? I genuinely never received a notice of assignment from them, so this is the first I've seen.

 

5) I've been reading past threads and I have a draft that I will hopefully finalise somewhat this afternoon, would I be able to post it for someone to have a look at to check please?

 

Sorry for all the questions and thank you in advance...

[AndyOrch]

1.To be filed and served ...served to arrive on the 24th.

 

2.I doubt anything has been sent...except a possible notice of discontinuance if anything...you have proof they have your new address thats okay.

 

3.Its always advisable to scan and upload all letters here to CAG on your thread then there safe.

 

4.Most likely a reconstituted version have you uploaded that to this thread?

 

5.Post your draft witness statement here to be checked.

 

Regards

 

Andy

[Bobraf]

Thank you. The court said Lowell had paid so it looked like all was going ahead.

 

I've not uploaded the notice of assignment but I will do that soon. If it is a reconstituted version, does that make any difference? Surely anyone can make something up at a later date but it doesn't mean it was ever sent to me

[AndyOrch]

Thank you. The court said Lowell had paid so it looked like all was going ahead.

 

I've not uploaded the notice of assignment but I will do that soon. If it is a reconstituted version, does that make any difference? Surely anyone can make something up at a later date but it doesn't mean it was ever sent to me

 

Precisely ...its irrelevant really whether they did or didn't ......but the notice has to comply to prescribed terms and contents pursuant to the Law of Property Act......they tend to use a blank form and type the details of the account ..balance and the date it would have been sent in most of the claims...it should contain your full name and address and correct address at the time of assignment and their full name and address.

[Bobraf]

Sorry this has taken a while, I've been having trouble scanning the documents to upload, if someone wouldn't mind taking a look for me please..

 

The witness statement I'd drafted I'm now thinking isn't good enough,

I've found out all i'd received and totally forgotten about one bit.

 

I have a few points I'm quite confused about.

I didn't ever upload my defence, so I will put a copy of this in the next post after this one.

 

I've included

 

a letter from Lowell acknowledging receipt of my letter and the alleged notice of assignment, which doesn't look genuine to me, along with another letter which looks more legit..

 

A further letter from them a good few weeks later, which says that they have included the credit agreement, default notice and statement,

 

 

I've not uploaded the credit agreement,

but they have sent it me,

just the usual hundreds of pages of terms etc..

there is also the statement which doesn't add up to me.

 

They state they've sent the default notice in their covering letter, but they haven't.

 

 

I still have all the documents stapled together just as they were sent.

Would that be their word against mine that they sent it?

 

I'm not sure where to go from here now, do i still have a case and an argument?

 

Also, when i spoke to Lowell solicitors they gave me an email address to send documents to,

would it be acceptable to email them on Monday,

 

 

I'll also send paper copies, but where i thought i was pretty much prepared I'm now thinking Im not and would like a little extra time to get things right,

I can hand deliver the documents to the court on Monday as I'm off work then.

 

My defence that I used...

 

The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

1. Paragraph 1 is denied. Whilst it is admitted I have held various catalogue agreements in the past, I have no recollection of ever entering into an agreement with Shop Direct and do not recognise the specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request pursuant to The Consumer Credit Act 1974, sent on the 30/01/2017.

 

2. Paragraph 2 is denied. I have not been served with a Default Notice pursuant to sec87 (1) The Consumer Credit Act 1974

 

3. Paragraph 3 is denied. I am unaware of a legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)

 

4. Paragraph 4 is denied. I have not received any request for payment, or any other documentation from the Claimant prior to the claim form being received.

 

5. On receipt of this claim form, I the Defendant sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, the Claimant has yet to comply and remains in default of the said request.

 

6. A further request made via CPR 31.14 to the claimants solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied.

 

7. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant the Claimant is put to strict proof to:

a. Show how the Defendant has entered into an agreement and;

b. Show how the Defendant has reached the amount claimed for and;

c. Show the nature of the breach and evidence by way of a Default Notice pursuant to sec 87(1) of the Consumer Credit Act 1974

d. Show how the Claimant has the legal right, either under statute or equity to issue a claim

 

8. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed

 

9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

Statement of Truth

I believe the facts stated in this defence are true.

scanned and redacted.pdf

[AndyOrch]

Check your documents to the following thread.....same claimants same debt...same documents.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?470270-Lowells-claimform-old-Shop-Direct-CAt-debt&highlight=Woolworths

 

Andy

[Bobraf]

I've just read that, thank you Andy!

So they do this dodgy document sending as a delay tactic to get a judgement by default? That's really crafty!

 

So that post they went for a Tomlin order, would I be better trying to make a deal?

 

Also they said that the judge said they had to prove they hadn't received a default notice rather than Lowell proving they had sent one, how on earth could you prove you'd not received something?

 

Can I argue that the notice of assignment doesn't look legit?

[AndyOrch]

I've just read that, thank you Andy!

So they do this dodgy document sending as a delay tactic to get a judgement by default? That's really crafty! No...you cant get a default judgment if you have defended a claim...simply wanted you to compare your documents to that posters as a comparison

 

So that post they went for a Tomlin order, would I be better trying to make a deal? Your choice.....do you think they have enough to win?

 

Also they said that the judge said they had to prove they hadn't received a default notice rather than Lowell proving they had sent one, how on earth could you prove you'd not received something? Silly Judge...yours might be more inelegant

Can I argue that the notice of assignment doesn't look legit?

You can but you have to state your reasons for why

 

There are some decent Judges around see post #28 of the following thread

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?478450-Lowell-claimform-old-Fashion-World-JDW-Cat-debt***Claim-Dismissed***/page2