Lowell Portfolio 1 Ltd (Shop Direct)/BW Legal vs bluecat200

[bluecat200]

Date of Claim Issue: 02 JUN 2015
Claim Received: 04 JUN 2015
Amount of Claim: £3,000-£4,000
Original Account: Shop Direct Finance Company Limited
Account Opened: 12/05/2011
Last Payment Made: 22/11/2013 (to Shop Direct)

I've attached a redacted photo of the N1 claim.
I will acknowledge the claim today and prepare the CAA and CPR requests, I have a few questions if anyone could help.

1. Will defending the claim and requesting the above information reduce the likelihood of Lowell settling outside of court (whether a F&F or installments).
2. Will agreeing to pay in installments through the Claim (time to pay) result in a CCJ being recorded on my credit file?
3. I know this is a tricky question, but are Lowell likely to accept a reduced payment (around 25%) of the 'balance' in F&F as I could gather this cash if needed.

I am willing to pay this debt, although I imagine the bulk of the balance is interest charges from 'buy now pay later' transactions defaulting resulting in high interest charges being added to the account. I am keen to reduce the affect on my credit file where possible and would prefer to not have to go to court.

Any advice is welcome, however honest it may be !

And thank you all, what a great site this is, it has helped put my mind at ease and allowed me to get some sleep last night.

Kind regards

[Amethyst]

Re: Lowell Portfolio 1 Ltd (Shop Direct)/BW Legal vs bluecat200

Hi and welcome good to hear you are already feeling a little less stressed about the court claim.

The CCA and CPR requests are the right way to go.

1. Will defending the claim and requesting the above information reduce the likelihood of Lowell settling outside of court (whether a F&F or installments). I don't think so - they don't usually have the documents so asking for them first is a good idea. With a 2011 account it is likely they will be able to get them and they will be enforceable, but it improves the negotiating position

2. Will agreeing to pay in installments through the Claim (time to pay) result in a CCJ being recorded on my credit file? Yes, if you make an admission and offer to pay through the court you will have a CCJ against you. You COULD make the offer to pay direct to the claimant and ask for it to be agreed under a consent or tomlin order - which basically means you agree to pay monthly, and they agree not to seek the CCJ - but if you default on the agreed payments they can just get the CCJ

3. I know this is a tricky question, but are Lowell likely to accept a reduced payment (around 25%) of the 'balance' in F&F as I could gather this cash if needed. Possibly although that may be a little low - once you have requested the agreement it may put you in a stronger negotiating position

[bluecat200]

Re: Lowell Portfolio 1 Ltd (Shop Direct)/BW Legal vs bluecat200

Thanks Amethyst! I have a few more questions if you don't mind?

1. When would be the best time to make an offer for F&F or consent order?
2. Are there templates for these letters in the forums and do they ensure no liability is admitted to?
3. What is usually a good opening offer % for F&F?
4. Am I best to just admit liability IF Lowell can produce the required documents? As I have no defence as far as I can tell.

Once again many thanks for your and everyone else's help on here. How must people have coped before the Internet and friendly knowledgeable people like yourselves?

[Amethyst]

Re: Lowell Portfolio 1 Ltd (Shop Direct)/BW Legal vs bluecat200

They waited 8 weeks for an appt with CAB xx

Best time - impossible to say, I would go with after first response from BW Legal/Lowell saying they are trying to get the documents but you should already have had them at the inception of the account. As that means they don't have them and know you know that they need them under the CCA to enforce.

Templates - we TRY not to template but yes http://www.legalbeagles.info/forums/...Taken-To-Court - you want the CCA request and the CPR 31.14 request - CCA goes to Lowell, CPR goes to BW Legal.

Opening offer - well we think they purchase these accounts for about 10-25% of their value, so anywhere around there - obviously if your top offer is 25% then start lower ( 15% ?)

Liability - if they produce compliant documents then would be the time to ask for a consent order and an installment plan - this really depends on your circumstances - they want to get more from you out of court so you'd have to make them believe you would probably be ordered to pay less a month over a longer period through court - so needs to be a half decent installment offer they could accept in the knowledge that if you defaulted they could get the CCJ and enforce etc.

There are usually a huge whack of charges and interest in these shop direct accounts. It is likely for account opened 2011 the documents will be available and complaint so its really seeing if Lowell have them already, have the right assignment notices/default notices etc as a means to putting yourself in a position for negotiating the best out of court deal.

[bluecat200]

Re: Lowell Portfolio 1 Ltd (Shop Direct)/BW Legal vs bluecat200

Okay, so AOS filed with intention to defend. I believe this gives me 28 days to file a defence (30/06/15) from the date of the claim (02/06/15).

I will send the requests as soon as I have access to a printer (I may need to buy one annoyingly, but I need one so it's not a waste).

Am I right in thinking the requests are sent in order to require Lowell/BW Legal to produce, therefore putting them in a position where they can make the effort and do more work to produce or they can accept an out of court consent or F&F offer from me? So gives me (marginally) more negotiation power as they then can't enforce anything until they provide those documents?

I think now I've asked this it makes sense.

Ideally I want to not affect my credit rating further, and I am prepared to pay as it's (allegedly) my responsibility. So I will hope they will be willing to settle outside court.

The frustrating thing is I was just getting in a position where I could have tackled this, within a month or 2. I had planned to get a printer and send them a letter with a F&F offer. Obviously I should have paid more attention to the claim letter from BW, the problem is these DCAs often mention court action without ever following through. Devil's in the detail, I wont make that mistake again!

I am so much calmer about the situation now though, mostly thanks to this sites help, even a CCJ isn't the end of the world, life goes on. You people really are amazing, so thanks once again.

[nemesis45]

Re: Lowell Portfolio 1 Ltd (Shop Direct)/BW Legal vs bluecat200

Hold hard on any F &F offer make the CCA request and lets see if there's any
guts in this claim!!

nem

[bluecat200]

Re: Lowell Portfolio 1 Ltd (Shop Direct)/BW Legal vs bluecat200

Hold hard on any F &F offer make the CCA request and lets see if there's any
guts in this claim!!

nem

Thanks for the advice nemesis, I'll try and be brave! I'm inclined to take easier route though just to avoid any unnecessary stress, but I'll hold out on the F&F until they produce.

[bluecat200]

Re: Lowell Portfolio 1 Ltd (Shop Direct)/BW Legal vs bluecat200

Ok quick update:

CCA request and the CPR 31.14 sent 14 days ago, no response from either as of yet.

Therefore I need to draft my defence and get it in. Am I right in thinking as the claim was issued 02/06/2015 that my defence date is 05/07/2015?

I'll post draft defence on here before submitting and hopefully one of you kind people will help me if any changes are needed.

My credit score is up to fair now after with 3 defaults due to fall off this year so I really could do without a CCJ!

Once again thank you all for your help and this amazing forum, I am eternally grateful.

[bluecat200]

Re: Lowell Portfolio 1 Ltd (Shop Direct)/BW Legal vs bluecat200

Okay so here is the draft defence, any advice and help will be much appreciated.

-----------------------------------------------------------------------------------------

1: I received the claim ######## from the Northampton County Court on 4th June 2015.

2: Each and every allegation in the Claimant's statement of case is denied unless specifically admitted in this Defence.

3: This claim appear to be for a Home Shopping agreement regulated under the Consumer Credit Act 1974.

4: It is denied that the Defendant has previously entered into an agreement with Shop Direct Finance Company Limited for provision of credit.

5: The Claimant's statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

6. The particulars of claim fail to state when the agreement was entered into.

7. The Claimants statement of case states that the account was assigned from Shop Direct Finance Company Limited to Lowell Portfolio 1 Ltd on 20/06/2014. The Defendant does not recall receiving notice of this assignment.

8. It is denied that Shop Direct Finance Company Limited served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

9: On the 16/06/2015 I sent a request for inspection of documents mentioned in the claimant's statement of case under Civil Procedure Rule 31.14 to BW Legal. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

10. BW Legal has not sent any of these documents to me.

11. On the 16/06/2015 I sent a formal request for a copy of the original agreement to Lowell Portfolio 1 Ltd pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

12. The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

13: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have failed to respond.

14. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

15. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

16. In the event that the relevant documents are received from the Claimant's I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

17. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.



Signed …………………………………………

Dated .................................................. ....

[bluecat200]

Re: Lowell Portfolio 1 Ltd (Shop Direct)/BW Legal vs bluecat200

I don't want to come across as ungrateful or impatient but could someone advise on the above defence please.
Many thanks

[bluecat200]

Re: Lowell Portfolio 1 Ltd (Shop Direct)/BW Legal vs bluecat200

Can anyone help please?

[nemesis45]

Re: Lowell Portfolio 1 Ltd (Shop Direct)/BW Legal vs bluecat200

Reading now

nem

- - - Updated - - -

Okay so here is the draft defence, any advice and help will be much appreciated.

-----------------------------------------------------------------------------------------

1: I received the claim ######## from the Northampton County Court on 4th June 2015.

2: Each and every allegation in the Claimant's statement of case is denied unless specifically admitted in this Defence.

3: This claim appear to be for a Home Shopping agreement regulated under the Consumer Credit Act 1974.

4: It is denied that the Defendant has previously entered into an agreement with Shop Direct Finance Company Limited for provision of credit.

5: The Claimant's statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

6. The particulars of claim fail to state when the agreement was entered into.

7. The Claimants statement of case states that the account was assigned from Shop Direct Finance Company Limited to Lowell Portfolio 1 Ltd on 20/06/2014. The Defendant does not recall receiving notice of this assignment.

8. It is denied that Shop Direct Finance Company Limited served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

9: On the 16/06/2015 I sent a request for inspection of documents mentioned in the claimant's statement of case under Civil Procedure Rule 31.14 to BW Legal. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

10. BW Legal has not sent any of these documents to me.

11. On the 16/06/2015 I sent a formal request for a copy of the original agreement to Lowell Portfolio 1 Ltd pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

12. The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

13: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have failed to respond.

14. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

15. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

16. In the event that the relevant documents are received from the Claimant's I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

17. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.



Signed …………………………………………

Dated .................................................. ....

It's good to go!
Put your full name and address on the top of the defence statement.

nem

[FlamingParrot]

Re: Lowell Portfolio 1 Ltd (Shop Direct)/BW Legal vs bluecat200

Okay so here is the draft defence, any advice and help will be much appreciated.

-----------------------------------------------------------------------------------------

1: I received the claim ######## from the Northampton County Court on 4th June 2015.

2: Each and every allegation in the Claimant's statement of case is denied unless specifically admitted in this Defence.

3: This claim appear to be for a Home Shopping agreement regulated under the Consumer Credit Act 1974.

4: It is denied that the Defendant has previously entered into an agreement with Shop Direct Finance Company Limited for provision of credit.

You can only say this if you never had the account. From what you say above, it looks like you did. If you had never entered into any agreement with them, you wouldn't have expected a default notice, etc.

You are ending the defence with a Statement of Truth so what you say has to be truthful.

[bluecat200]

Re: Lowell Portfolio 1 Ltd (Shop Direct)/BW Legal vs bluecat200

Thank you both so much for your replies. I will remove point 4, amend the numbers and add my name and address before submitting.

Thanks again.

[FlamingParrot]

Re: Lowell Portfolio 1 Ltd (Shop Direct)/BW Legal vs bluecat200

Thank you both so much for your replies. I will remove point 4, amend the numbers and add my name and address before submitting.

Thanks again.

This should give you an idea about how witness statements are headed and laid out: http://docs.google.com/viewerng/view...sstatement.pdf