Lowell clamform - old shop direct CAT debt

[dx100uk]

Hi ya

 

No youll be ok

You are a litigant in person given leeway

 

Please complete this:

 

And we'll get you moving

 

Dx

 

[dx100uk]

please note your corrected defence filing date

 

pop up on the MCOL website detailed on the claimform.
[if mcol is not working return after the w/end or the next day if week time]
.
 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
 you DO NOT file a defence at this time
 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]
 

 

dx

 

[dx100uk]

read the guide

CCA goes to the claimant

 

dx

 

[dx100uk]

 

there a search top right 

time to get reading up on the process and the different stages the claim will go through.

 

these will help as well

 

https://cse.google.com/cse?cx=partner-pub-8889411648654839:3134625398&q=lowell claimform cat debt&oq=lowell claimform cat debt&gs_l=partner-generic.3...60263.68186.0.68486.25.25.0.0.0.0.153.1988.24j1.25.0.gsnos%2Cn%3D13...0.7957j3166461j25...1.34.partner-generic..25.0.0.vvzYEQ3I7F0

[dx100uk]

so no default notice yet then nor statements

and that's the usual stuff they trot out as a CCA.

 

interested in this BNPF issue.

are you indicating that as you were late one month they automictically added the interest on as a penalty when infact you were still within the free int period?

[dx100uk]

not your problem ...they are the claimant they have to prove their case.

 

if +£1k of int was added to a balance just because at one point you were 'late' and then continued payments

that is an unlawful penalty, bit like their unlawful £12 fees too.

 

so if the above had not been added the goods would have been paid for within the correct time limit I will guess?

cant see the fleecers being able to make their claim hold water if this is the case.

 

 

 

 

[dx100uk]

you didn't borrow any amount, you ordered goods on credit.

if the sum is inflated by unlawful int or fees by whatever level because of a late payment, those sums are not owed.

 

I think it might pay you to SAR SD, get all the statements as as it stands, the agreement looks ok to me and barring the production of the default notice [which failure to do so can be fatal to their claim] things are not looking too rosy here for you.

[dx100uk]

the devil might be in the statement details.

 

 

[dx100uk]

no.

quite usual 

DN is always another matter

 

they could quite easily have fake if they needed too what you have already if look at what needs to be there, simply a name, address and signup date as it was online.

 

but the DN has to be from the OC and most times, if you go look at the numerous lowell cat claimform threads here, rockout some screenshot from a database which doesn't comply and they have to back off or lose or discontinue the case.

 

though this thread is painful 

post 116 attachment is worthy to look at in what they claim is a dn!!

 

[dx100uk]

yep ...thats not a DN and in many cases here thats all they cough up with and try everything to wing it with the judge with lots of other bumph to divert away from the focus of a compliant DN is required before any court enforcement can be made/succeed.

[dx100uk]

whatever you get from the SAR will be your secret

its for background info for poss future usefulness and MAY play a part in how you react to any latter mediation or witness statement IF IF IF the case progresses thru both of those .

 

as for your defence I doubt the CCA return will change anything as we have the agreement, and other than a basic statement of account, theres nothing more to come from it that would be useful.

so any defence wont significantly change.

 

though ofcourse the left leg right arm syndrome might throw up a totally different CCA return..now that would be interesting...

 

 

[dx100uk]

no you dont

better get a move on 

it needs to be filled by 4pm ideally.

 

post 52 in that earlier thread I pointed to looks to be very useful with just a slight adaption

 

 

[dx100uk]

urm.. that's a telecom defence??

why not adapt the one I pointed you too??

 

 

[dx100uk]

well done that man..

[dx100uk]

yea sure quite std

 

they have 28 days to do 'something' else the claim will get stayed.

 

plenty of threads here to read up on the court process as/if its progresses through the various stages

 

most claimform threads will hold info.

[dx100uk]

std practice for every Lowell claimform thread if you go read them.

dx