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

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  1. #1
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    Default 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.

  2. #2
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    Default 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

  3. #3
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    Default 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

  4. #4
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    Default 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?

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