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Ethan1995

Lowells claimform - old littlewoods CAT debt

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Hi,

It’s currently 4:30am and haven’t been able to sleep tonight worrying about this situation I find myself in so apologies in advance for bad spelling/not making sense.

 

I opened a littlewoods account around 2/3 years ago now when I’d lost everything and was immature and stupid I ended up maxing out the account to a total of £600...100s of letters/ phone calls of being ignored I’ve finally been hit with a county court claim.

Came on the 4th but had the date of 1/06/18 on it.

I briefly read through it and started to panic on how real this could be getting.

 

I haven’t filled anything in I was just going to ignore it and just let things plan out as I did do with quickquid years ago which just gave up but reading more into the forums here and the words county court are starting to seem more serious. I have no job and has been like that for 6 months now,

No money at all and living with my mum.

 

We’re set to move in a few months so If I just ignored what will happen?

I’ve not once been in contact with them like most have on here it’s just been a straight case of me ignoring it whilst giving myself a slap everytime a letter came through the door asking myself why was I so stupid back then.

 

if someone could help with advice I would really appreciate it,

Also my credit rating is so bad and I really don’t expect to be looking for any credit related items in the next 5-8 years so would an CCJ really affect me?

 

Lowell’s now ask for a sum of £860 odd in total

 

Thanks and sorry for any ignorance in this message

Edited by Andyorch
Paras

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dont ignore, it wont go away.

What paperwork do you have associated with this claim as they dont come out of the blue so do you still ave old statements, the default notie, notice of assignment of the debt to Lowells, their letter before action?

 

The chances are that you owe much less than this and defending the claim will not only mean that you dont pay Lowells a unicorn food tax on top of the debt but get an order instructing you how much to pay and when from the court and that will stop Lowells hounding you should you follow that plan.

 

The court may order you to pay as little as £5 per year until your circumstances change.

 

tell us all about the whens and what paperwork you have

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Hi Ethan

 

If you would read the following link which explains the process and copy and paste the Q,s and your responses back here so we have all the information in one post to enable the best advice on how to proceed.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2018**

 

Regards

 

Andy

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If I just ignore it is the a chance they will just strike it out as taking it to court is proberly costing them more then it’s worth?

Thanks Andy I’ll fill that out once I get back home and onto the PC.

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If I just ignore it is the a chance they will just strike it out as taking it to court is proberly costing them more then it’s worth?

Thanks Andy I’ll fill that out once I get back home and onto the PC.

 

No its stuck with you for 6 years...default judgment...thats what this claimant is hoping you will do.

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How do I fill that form out

I don’t have Microsoft word to put my own writing ( Anserws ) in.

 

And you say it’s stuck with me for six years, stuck to my credit rating?

If so I really couldn’t care less about my credit rating it’s that bad from mistakes at a younger age.

Or do you mean they will keep the pressure up and there will other more serious consequences?

Thanks

 

Never mind I’ve actually used my eyes to work out now sorry, filling it out now

Edited by dx100uk
merge

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you don't need to use word

just copy and paste is to a msg box here

and add your answers at the end of each question line

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hope that's done correctly.

 

 

Name of the Claimant? Lowells

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 1/06/18

 

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) -

 

^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim? Littlewoods account. Not repaying the original £660 owed. Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down.[/color]

 

1) The defendant opened a Littlewoods regulated consumer credit account under reference ......... on 06/12/2016 (‘the agreement).

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 30/06/2017 and written notice given to the defendant

4) despite repeated request for payment, the sum of £660.99 remains due and outstanding. And the Claiment claims

a) The said sum of £660.99

b) Interest pursuant to s69 county courts act 1984 at the rate of %8 per annum from the date of assignment to the date of issue, accusing at a daily rate of £0.145, but limited to one year, being £48.53

 

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? no

 

What is the value of the claim? £839.52

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

 

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

 

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. issued by the Debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? yes

 

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 ? yes

 

Why did you cease payments? couldn't afford

What was the date of your last payment? none

 

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? no

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Thanks ..now refer back to the link I posted and read about acknowledgment of service and using the on line portal and how to register.

 

You have 19 days from and including 1st June to acknowledge service..you then have a further 14 days to submit a defence...33 days in total.

 

Also in the link follow the instructions re CPR 31.14 and CCA request...thats your next task.

 

 

Andy

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Hi again, I’m currently filling out the N9A (SDT) form of admission (specified amount ) I’m go to say I will only pay the original amount of £660.99, is there any advice you can give me to get the best outcome of this route I’m going down?

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No dont go down that route...you do it all online as per my previous post...defend all....no admittance.

 

Acknowledge service on line for now......defend all ...do the CPR and CCA requests...nothing else.

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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

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

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.

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Ok, was just double checking. Starting that respond now, sorry for be so ignorant this is still all new to me and it’s slightly worrying

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So that’s all done, just about to send of the CCA once I can get to a printer, can I include CPR in the same letter as the CCA or does it have to be done sepretaly?

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Ok so the Claiment in my case is Lowell but who’s the Claiments solicitor? It doesn’t say on the papers who it is

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Ok perfect thanks, will get that sent out tomorrow and then I guess I seek advice from you guys about what my defence will be?

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I’m stuck on the CPR, is there a template anyone could give me of what I write?

And well I pretty much don’t have a defence so all this is for nothing

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