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    Shortcuts for Consumer Credit Court Claims.

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    NOTE: If you receive a court claim note these dates in your calendar ...
    Acknowledge Claim - within 14 days from Service
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    If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.

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Court Claim - Lowell Portfolio 1 LTD / Shop Direct Group - 10-8-2017

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  • Court Claim - Lowell Portfolio 1 LTD / Shop Direct Group - 10-8-2017

    Received a claim? Yes
    Issue Date: 10-8-2017
    Amount approx: 650
    Claimant: Lowell Portfolio 1 LTD
    Solicitor: Lowell Solicitors LTD
    Original Credit: Shop Direct Group

    Particulars of Claim:
    Defendant entered into a consumer credit act 1974 with Shop Direct.
    Defendant failed to maintain required payments and a default notice was served and not complied with.
    The agreement was later assigned to the Claimant on 15/06/2012.


    Stat Barred? Yes

    Have sent: Acknowledged the Claim, Sent a CCA request, Sent a CPR 31.14 request

    Other Info:
    I have no recollection of the debt since it was so long ago. The Claim Form I received simply stated that this debt defaulted in 2012. My credit file states the account was opened in 2008.
    However, I lived elsewhere in 2008. After a child and subsequent relationship break up in 2010, I became homeless. Spent a year homeless and moved to my current address in 2011.
    It is possible there were some debts from prior to my relationship break up. However, none of these debts would have been acknowledged since that time and so Id have thought they would have defaulted before 2012, which is 2 years after moving from my previous address,
    Both my credit report and this letter only states my current address and it is not possible the account was opened in 2008 at this address since I wasn't here.
    There has been some history of somebody fraudulently opening catalogue accounts in my name at a different address entirely to any I have lived at and so I dont know if this is an account prior to my break up or another of the fraudulent accounts without knowing the address history.
    Tags: None

  • #2
    Re: Court Claim - Lowell Portfolio 1 LTD / Shop Direct Group - 10-8-2017

    Hi khkh8509, welcome to LB

    SAR Shop D to see what data is held on this.
    http://legalbeagles.info/library/gui...ccess-request/
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment


    • #3
      Re: Court Claim - Lowell Portfolio 1 LTD / Shop Direct Group - 10-8-2017

      Hi

      Once you have sent the SAR to Shop D there is not a great deal you can do until the time for your defence is due.

      Who knows, maybe the agreement will come back with an address where you never lived or where you didn't move to until later. If that is the case, do not tell Lowell what is wrong in your defence, just say they haven't complied with your S78 request

      Maybe it will come back and jog your memory

      There are so many maybes at the moment , all you can do is take one step at a time
      Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
      I have no formal legal training
      Any advice is offered without liability
      If in doubt take professional legal advice or contact the CAB

      Comment


      • #4
        Re: Court Claim - Lowell Portfolio 1 LTD / Shop Direct Group - 10-8-2017

        Thank you. I have posted all letters and sent a SAR to Shop Direct today too.

        I will play the waiting game and see what happens.

        I'm nervous about writing the defense statement but I have some time to figure out what to write I suppose. I'll be working on it in the meantime for when the time comes I need to file it.

        There are 2 more accounts with Lowell on my credit file. One I know definitely is not mine. I don't know whether to contact them now and dispute it or wait for this to happen again? The other, I have no clue whether its me or not but it's only for 50 so I'd likely just pay it if I had to.

        With regards to the one I'm currently dealing with: it says on my credit file the account was opened in 2008 and defaulted in 2012. IF the account does belong to me, I left my previous address in 2010 and didn't transfer any accounts with me so would it have taken 2 years to default or is it likely it would have defaulted in 2010 at the latest and so now statue barred?

        Comment


        • #5
          Re: Court Claim - Lowell Portfolio 1 LTD / Shop Direct Group - 10-8-2017

          Received a response from Lowell Solicitors:

          We confirm receipt of your letters dated 10 August 2017.

          The account is in relation to a former Shop Direct isme account opened on 9 June 2008.

          Our request has been sent to the original creditor for a copy of the agreement and Default Notice. Once received these will be sent to you.

          The Deed of Assignment will not be sent to you as it is a confidential agreement between our client and the original creditor containing information which you are not entitled to see. No other agreement / Deed of Novation exists between you and our client.

          A county court was issued against you on 10 August 2017. We note that you have filed the Acknowledgment of Service. This provides 28 days from the service date of the Claim for you to file your response. Please ensure you respond to the Claim within this specified timeframe.

          You account has been placed on hold whilst we await correspondence from Shop Direct, we will contact you in due course.

          Comment


          • #6
            Re: Court Claim - Lowell Portfolio 1 LTD / Shop Direct Group - 10-8-2017

            With regards to the above, do I do anything or await further correspondence?

            I sent an SAR to Shop Direct also but not heard back yet.

            I still have no knowledge of this account and cant say I've heard of "isme" before.

            The dates really don't add up to me. The account would have opened while I was at my previous address. They claim it defaulted in 2012. I moved here in 2010 and so for it to default in 2012, Id have been paying it for 2 years whilst living here and I most definitely have not.

            Comment


            • #7
              Re: Court Claim - Lowell Portfolio 1 LTD / Shop Direct Group - 10-8-2017

              Does it now ring any bells?

              As for the on hold, follow the courts timeline and get your defence in by the due date.

              Did you ask for the deed or even the notice if assignment under cpr31. 14

              Did you send the SAR to shop D
              Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
              I have no formal legal training
              Any advice is offered without liability
              If in doubt take professional legal advice or contact the CAB

              Comment


              • #8
                Re: Court Claim - Lowell Portfolio 1 LTD / Shop Direct Group - 10-8-2017

                You account has been placed on hold whilst we await correspondence from Shop Direct, we will contact you in due course.
                And if we can con you into believing that & you do not submit your defence on time, we will probably get a default judgment against you.
                Haha!


                Just finishing the 'unsaid' part of their letter for them.


                CAVEAT LECTOR

                This is only my opinion - "
                Opinions are made to be changed --or how is truth to be got at?" (Byron)

                You and I do not see things as they are. We see things as we are.
                Cohen, Herb

                There is danger when a man throws his tongue into high gear before he
                gets his brain a-going.
                Phelps, C. C.

                "They couldn't hit an elephant at this distance!"
                The last words of John Sedgwick

                Comment


                • #9
                  Re: Court Claim - Lowell Portfolio 1 LTD / Shop Direct Group - 10-8-2017

                  Originally posted by warwick65 View Post
                  Does it now ring any bells?

                  As for the on hold, follow the courts timeline and get your defence in by the due date.

                  Did you ask for the deed or even the notice if assignment under cpr31. 14

                  Did you send the SAR to shop D

                  No it doesn't ring any bells whatsoever.

                  I have sent the SAR to Shop Direct.

                  I requested from the solicitors and Lowell Portfolio:

                  1.Agreement
                  2. Default Notice
                  3. Assignment
                  4. Formal Demand


                  I assume I just sit and wait it out until my defence is due to be filed?

                  Comment


                  • #10
                    Re: Court Claim - Lowell Portfolio 1 LTD / Shop Direct Group - 10-8-2017

                    remember they cannot put an account on hold once they issue court papers, about time these crooks were sanctioned/fined for this misinformation on court procedures.

                    Comment


                    • #11
                      Re: Court Claim - Lowell Portfolio 1 LTD / Shop Direct Group - 10-8-2017

                      Just a quick question - I filed my claim acknowledgement on 12th August. When do I have to file my defense by? I still haven't heard anything since the last correspondence but don't want to miss that important date!

                      Comment


                      • #12
                        Re: Court Claim - Lowell Portfolio 1 LTD / Shop Direct Group - 10-8-2017

                        Also, some advice on what to put in my defence letter would be most helpful. Am I just going on the fact they they haven't supplied me with sufficient documentation to consider my position or do I mention at this point about suspecting the dates to be wrong and the change of address?

                        Comment


                        • #13
                          Re: Court Claim - Lowell Portfolio 1 LTD / Shop Direct Group - 10-8-2017

                          You need to file defence 33 days (28+5) from the date on the claim form, as for defence and what should go into them take a look at the example defences in green at the top of the page and maybe take a look at similar post as yours. Post up the defence and these fine folk can go through it with you.

                          Comment


                          • #14
                            Re: Court Claim - Lowell Portfolio 1 LTD / Shop Direct Group - 10-8-2017

                            Example Defence

                            Comment


                            • #15
                              Re: Court Claim - Lowell Portfolio 1 LTD / Shop Direct Group - 10-8-2017

                              1. I received the claim xxxxxxxx from the Northampton County Court on 10 August 2017.
                              2. Each and every allegation in the Claimants statementof case is denied unless specifically admitted in this Defence.
                              3. This claim appears to be for a Catalogue Accountagreement regulated under the Consumer Credit Act 1974.
                              4. It is denied that the Defendant has previously enteredinto an agreement with Shop Direct for provision of credit.
                              5. The Claimants statement of case fails to give adequateinformation to enable me to properly assess my position with regards the claim.
                              6. It is denied that Shop Directservedany Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974.The Claimant is required to prove that a compliant Default Notice was servedupon the Defendant.
                              7. On the 4 August 2017I sent a request for inspection of documentsmentioned in the claimant’s statement of case under Civil Procedure Rule 31.14to Lowell Solicitors.I requested the Claimantprovide copies of the Agreement, Default Notice and Notice of Assignment.
                              8. Lowell Solicitors has not sent any of these documents to me.
                              9. On the 14 August 2017 I sent a formal request for a copyof the original agreement to Lowell Portfolio Limitedpursuantto section [77 or 78] of the Consumer Credit Act1974 along with the statutory 1 fee.
                              10. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer CreditAct 1974 cannot enforce the agreement.
                              11. Under CivilProcedure 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 isexpected that the Claimant be required to prove the allegation that the money is owed as claimed.
                              12. 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.
                              13. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.
                              14. It is denied that the Claimant is entitled to the relief as claimed or at all.
                              Last edited by Amethyst; 8th September 2017, 07:55:AM.

                              Comment

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