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

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    khkh8509's Avatar

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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.

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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/
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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

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    khkh8509's Avatar

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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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    khkh8509's Avatar

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    Default 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.

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    khkh8509's Avatar

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    Default 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.

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    warwick65's Avatar

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    Default 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

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    Default 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

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

    Quote 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?

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    Default 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.

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    Default 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!

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    Default 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?

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    Stu's Avatar

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    Default 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.

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


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    Default 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 at 07:55:AM.

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

    Above is my defense which needs filing. Could someone please look through and tell me if it sounds ok?
    I am unsure about the points in red so if someone can advise on what I need to leave in or remove there, that'd be great.
    To date, Lowell haven't provided any documentation so I am simply working with this at the moment.

    I just copied / pasted the above. The lack of spaces here and there don't exist on the actual document!

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

    I was going to say about para 4 but you are adamant you do not recall the debt so fair enough.
    As it is a catalogue debt it will be s78

    I would also add something along the lines of
    It is denied the claimant has the right to bring the claim and it put to strict proof of their right by disclosing the deed of assignment and notice of assignment that should have been served according to the law of property act.
    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

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    khkh8509's Avatar

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

    Thank you, I have added that bit.

    My SAR was responded to by shop direct today asking for ID as the info they have on me isn't in this address. Well I've been here since April 2011 (and had a period of homelessness from Sept 2010 until then) so leaves 2 options:
    This debt is not mine and in someone else's address or
    It is mine from my previous address but will be statute barred as would have defaulted prior to my relationship breakup in 2010.

    Do I need to write something about it being statute bared in my defence or should I leave that for now given I'm not sure whether or not the debt belongs to me?
    Last edited by khkh8509; 8th September 2017 at 13:30:PM.

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

    If you believe it is SB then yes say so in your defence

    Have you sent the ID requested by SD ?

    Could you have been making payments without updating your address? or maybe they forgot to update it
    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

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    khkh8509's Avatar

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

    Thank you for you help. Its much appreciated!
    Defence has been submitted.
    Now we wait........

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    khkh8509's Avatar

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

    Received a letter from the court today:

    I acknowledge receipt of your defence. A copy is being served on the claimant (or the claimants solicitor). The claimant may contact you direct to attempt.to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen.

    Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy.of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay.

    I assume this is just standard?

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

    Yes pretty standard stuff

    If you have done it all online keep an eye on MCOL to see the status
    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

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    khkh8509's Avatar

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

    I have received a "Notice of Proposed Allocation to the Small Claims Track" which I have to complete and return. Is this standard?

    Could you help with a few of the questions please.

    1. Do you agree to this case being referred to the Small claims mediation service?

    2. Do you agree the all claims track is the appropriate track for this case?

    3. Would you like your case to go to court without a hearing?

    4. I can confirm that I have enough information about the claim to allow me to enter into negotiations?

    - - - Updated - - -

    I also have a copy where Lowell Solicitors have completed this form too.
    One question is:

    How many witnesses, including yourself, will give evidence on your behalf at the hearing?

    Their response is: 0

    So are they not planning to turn up?

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    warwick65's Avatar

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

    Apparently they always do that but then turn up.

    Your answers will be similar to theirs. So yes to small claim but 1 witness-you
    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

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