Lowell claimform - old littlewoods shop direct CAT debt

[dx100uk]

not redacted properly so removed it

we don't need to see it 

as we know what a claimform looks like

 

please complete this

moved to legals and re-titled

 

[leedspete]

date of claim - 19-06-2019

 

Name of the Claimant ?   Lowell portfolio I Ltd

 

What is the claim for – the reason they have issued the claim?

 

1 Defendant opened a liitlewoods regulated consumer credit credit account undr ref xxxxxxx on 25/06/2007

 

2 In breach of the agreement, the defendant failed to maintain the required payments and the agreement was terminated

 

3 The agreement was later assigned to the claimant on 23/04/2018 and written notice given to the defendant

 

4 Despite repeated requests for payment the sum of £823.53 remains due and outstanding.

 

5.And the claimants claims,

A the said sum of £823.53

B Interest pursuant to s69 courts cost act 1984 at the rate of 8% per annum from the date of issue accruing at a daily rate of £0.180 but limited to one year being £65.88

 

What is the total value of the claim?  £1019.41

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? yes in this thread

 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No

 

Did you inform the claimant of your change of address? N/A

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Catologue

 

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

 

Do you recall how you entered into the agreement...On line /In branch/By post ? On line

 

Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Yes

 

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? 

 

Did you receive a Default Notice from the original creditor? Yes

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?

 

Why did you cease payments? Couldnt afford them and forgot as well 

 

What was the date of your last payment? Cant remember

[dx100uk]

pop up on the MCOL website detailed on the claimform.
.
 register as an individual
 note the long gateway number given
 then log in
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked.
 click thru to the end
 confirm and exit MCOL.
.
 get a CCA Request running to the claimant
https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/
 leave the £1PO blank and uncrossed
.
 get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant]
https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/
.
type your name ONLY

no need to sign anything
.
you DO NOT await the return of paperwork.
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

 

did you get the SAR return from Shop direct?

as the last CCA was unreadable send a new one.

might pay you to spend <£25 to go get a proper scanner too as well need docs scanned rather than a pdf of a poor photo.

[leedspete]

Just started with mcol nd its asking for my claiming details unless i am looking at wrong page

[dx100uk]

read my post CAREFULLY

[leedspete]

didnt get SAR from shop direct so will send another. May have to ask for another CCA as well 

[dx100uk]

read my last post carefully already covered the cca at the bottom. itgoes to THE CLAIMANT

 

as for the sar

if you got no return then ring sd and ask WHERE IS IT!!

[leedspete]

Here is the cca as requested don't know if i have redacted the correct stuff again but i have just notice that its says my signature was 2010 but on the court claims form its say my account was from 2007

cca (1).pdf

[AndyOrch]

Will make interesting reading when they get to their statement stage.....now was it 2007 or 2010  

[leedspete]

Is there a telephone number that I can contact shop direct on as their main switchboard put me through to littlewoods customer line. Need to find out what happened to my sar

[dx100uk]

Look on the fca register site

[AndyOrch]

Address: Skyways House, Speke Rd, Speke, Liverpool L70 1AB

 

Phone: 0844 292 1000

 

 

 

 

 

 

 

 

 

 

 

[leedspete]

Tried calling them and they put me through to littlewoods and littlewoods didn’t have a clue what I was talking about. Thing is I have lost receipt for the proof of posting or it has got mislaid so shall I send another SAR letter

[dx100uk]

your defence was due FRIDAY by 4pm

 

get it done by 4pm TODAY.

 

dx

 

[leedspete]

Ehhh I have been asleep in bed as I do overnights. What do I need to do

[leedspete]

Have submitted my defence but i think i have fouled it up as i failed to mention about the sar letter. So i dont know what happens next

Edited July 23, 2019 by leedspete
spelling

[AndyOrch]

Shouldn't be mentioning about SARS in a defence anway...SARS are for the Original Creditor not the Claimant.....what defence have you submitted ?

 

Andy

[leedspete]

That the start date on the default notice doesnt match the claim form. For when i started the account. Thats all i could think off. Bit of a muddle to be honest as i was behind time

Edited July 23, 2019 by leedspete
Added response

[AndyOrch]

Now your confusing me.....what as a Default Notice go to do with when you entered an agreement ?The Default Notice is when you breached the agreement.

 

Can you post a copy of your defence here for future reference and advice.

 

Andy

[leedspete]

Just received a letter from Lowell’s offering mediation and wonder where to go from here. It seems like they have filled out most of the tick boxes already.

Thanks in advance

[dx100uk]

you await YOURS from the COURT.

 

dx

 

[leedspete]

So I don’t reply to this letter at all. Thanks for the information 

[dx100uk]

what is there to reply too?
 

[AndyOrch]

This " letter " you have received.....it wouldn't be a copy of the claimants Directions Questionnaire N180 by any chance ?

 

Quote

It seems like they have filled out most of the tick boxes already.

 

[leedspete]

Have now received my mediation questionnaire. Lowell’s think it’s ok for the small claims court. 

Advice on how to fill in the questionnaire would be greatly appreciated