Court Claim - Lowell Portfolio / Shop Direct LTD - 11-2-2015

[wanters]

Received a claim? No
Issue Date: 11-2-2015
Amount approx: 654.43
Claimant: Lowell Portfolio
Solicitor: Bryan Carter Solicitors
Original Credit: Shop Direct LTD

Particulars of Claim:
This claim is for 485.59, the amount due under an agreement between the original creditor and the defendant to provide finance and / or services / or goods.

This debt was assigned to / purchased by Lowell on 28/02/2011 and notice service pursuant to the law of property act 1925

re: shop direct
A/C xxxxxxxxx

And the claimant claims 485.59

The claimant also claims statutory interest pursuant to s.69 of the county court act 1984 at a rate of 8% per annum from the date of assignment of the agreement to date but limited to a maximum of one year and a maximum of 1000 amounting to 38.84

Stat Barred? No

Have sent:

Other Info:
I'm unsure of this debt, I had a catalogue debt wrongly put into my name, also a Shop direct company, however I did have a small catalogue debt with another one of theirs, I slipped behind on the payments when my partner came out of work with illness and an operation, then with all the late payment charges I just couldn't keep up with it.

I have made no contact with Lowell through the course of the debt and am struggling to log into my credit file to find out if it's over 6 years (ticked no for a worse case senario).

[nemesis45]

Re: Court Claim - Lowell Portfolio / Shop Direct LTD - 11-2-2015

Hi welcome to LB

Get a CCA request off to shop direct (template in forum library) this is to get a copy of the agreement and a current statement of the account. There is a £1.00 statutory fee for this Lowell has 12 + 2 Working Days to comply.
The a CPR 31.14 request to Carter for the documents mentioned in the particulars of the Claim (no fee) template in the forum library.

Try Noddle credit ref site it's free online.

About the alleged debt.
Do you know when this account was opened?
The credit file will show the default date.

Acknowledge service of the claim online at Money Claim OL directions are on the form, and state intention to defend.
Keep a careful note of the password for MCOL.

nem

[wanters]

Re: Court Claim - Lowell Portfolio / Shop Direct LTD - 11-2-2015

Thank you, I will get that printed off today.

It's Noddle that I use and I've finally managed to log in, the original account start date was 07/11/2009 so certainly wont be statute barred

[wanters]

Re: Court Claim - Lowell Portfolio / Shop Direct LTD - 11-2-2015

I'm confused what to ask for on the CPR, what should I put in the below section? The particulars don't really mention anything

NB: ONLY LIST HERE DOCUMENTS THAT ARE MENTIONED IN THE PARTICULARS OF CLAIM ON THE FRONT OF THE CLAIM FORM - eg. IF THEY DON'T MENTION ' DEFAULT NOTICE' YOU CANNOT ASK FOR IT UNDER CPR 31.14, IF THEY MENTION CONTRACT rather than AGREEMENT - ask for the CONTRACT...IF IN DOUBT TYPE OUT THE PARTICULARS OF CLAIM AND ASK ON THE FORUM.( and remove this paragraph too!!!!)
for EXAMPLE
1. Agreement / Contract
2. Default Notice
3. Assignment
4. Formal Demand

[Amethyst]

Re: Court Claim - Lowell Portfolio / Shop Direct LTD - 11-2-2015

This claim is for 485.59, the amount due under an agreement between the original creditor and the defendant to provide finance and / or services / or goods.

This debt was assigned to / purchased by Lowell on 28/02/2011 and notice service pursuant to the law of property act 1925




So you have AGREEMENT and NOTICE OF ASSIGNMENT mentioned xx

[wanters]

Re: Court Claim - Lowell Portfolio / Shop Direct LTD - 11-2-2015

Oh my goodness I'm so blind, I think I've just gone into a panic over it and can't see for looknig. Thanks, I'm just printing them off now.

[wanters]

Re: Court Claim - Lowell Portfolio / Shop Direct LTD - 11-2-2015

Hi, me again. Can I ask questions on this thread?

Now I've finally calmed down and got more time, I've been looking through the forum and trying to get a heads up on it all but I'm still a bit confused.

Looking through dates and correspondance I think this may be a catalogue I did indeed take out myself, it's not statute barred so basically I'd be hoping there is a mishap with paperwork and if not then I will end up with a CCJ.

If I state my notice to defend, can that go against me if I decide to try to reach a settlement through installments? Can doing a settlement/offer to pay prevent the CCJ going ahead?

Also, if I can do an offer to pay, would it be for the original £485 or for the total £654?

[Amethyst]

Re: Court Claim - Lowell Portfolio / Shop Direct LTD - 11-2-2015

Go for your life

It's not quite as cut and dried as you have said, but that is the basics.

It depends a bit on when you opened the account with Very. Their contracts before 2008 were a bit poor (or non existent), after then then they are more likely to have things sorted out. The claimant (Lowell) needs to have the assignment to show they are entitled to collect on the debt.

If you state you intend to defend in your acknowledgment of service it has no effect on the case other than you get 33 days from the date of issue to decide whether to defend or negotiate (or admit) rather than just 14.

So I would get the CCA sent off, and the CPR, see what they come back with by the time it is time to enter a defence. You can always negotiate with Lowell to make payments over a period at an affordable amount and as security let them keep the claim in court on hold - this is usually done under a Consent ( or Tomlin ) Order, but lets see what you get back on the paperwork first.

It would be for the £654 (unless you negotiate it down - eg if you were to offer a full and final of £400 odd in a lump sum to get rid of it etc)

[wanters]

Re: Court Claim - Lowell Portfolio / Shop Direct LTD - 11-2-2015

Thank you Amethyst, great information. I'm one of lifes natural worriers so that's been a big help. Got my letters all printed off, will pop it them in the post on Monday with my postal order and see what happens.

[wanters]

Re: Court Claim - Lowell Portfolio / Shop Direct LTD - 11-2-2015

Just an update from me.

Not heard anything from Shop Direct yet, but have got a reply from the Bryan Carters, from the look of other posts it seems to be their standard reply?

We write futher to your letter of 13 Feb 2015 requesting disclosure under Part 31 of the Civil Procedure Rules.

We confirm this matter will most properly be allocated to the Small Claims Track as this is a simple contractual matter and Part 31 of the Civil Procedure Rules will therefore not apply. In any event the Notices of Default and Assignment left the control of the Claimant when they were dispatched to you.

It is in the original creditor's policy to issue agreements at the start of the contracts and statements throughout the duration of the agreement, and in this regard, we ask you to refer to your own records.

We confirm our client is not agreeable to an extention for filing the defence.

We recommend you seek independent legal advice.

[Kati]

Re: Court Claim - Lowell Portfolio / Shop Direct LTD - 11-2-2015

Yep, that's the standard reply alright

As it has not been allocated yet, Part 31 still stands (and they have to comply with your request)

[nemesis45]

Re: Court Claim - Lowell Portfolio / Shop Direct LTD - 11-2-2015

Respond to Carter.
No track has been allocated to this matter you are required to respond to my CPR31.14 request by return of post.
nem

[wanters]

Re: Court Claim - Lowell Portfolio / Shop Direct LTD - 11-2-2015

I should have had that ready to go looking at other threads haha.

Thanks again.

[FlamingParrot]

Re: Court Claim - Lowell Portfolio / Shop Direct LTD - 11-2-2015

Just an update from me.

Not heard anything from Shop Direct yet, but have got a reply from the Bryan Carters, from the look of other posts it seems to be their standard reply?

It is indeed their standard template, see here for a reply to that one: http://www.legalbeagles.info/forums/...385#post410385

You may also want to see my comments on this thread: http://www.legalbeagles.info/forums/...307#post521307 :lol:

[wanters]

Re: Court Claim - Lowell Portfolio / Shop Direct LTD - 11-2-2015

Just a quick one.

I've not been able to log into MCOL to acknowledge the claim, after spending ages on the phone they have said to just do it by email. I told them I was defending in full so they've sent me information thinking it would just be a form or something but it says

"Thank you for your enquiry,
If sending by email in the subject heading of your email you must type the word Defence and the claim number.

In the body of the email give the reason(s) why you are disputing all or part of the claim that has been made against you.

Then send to
CCBC Email ccbcdefendants@hmcts.gsi.gov.uk"

Surely I don't have to do my defence now? Do I just put a brief summary that it's currently under dispute and I'm awaiting documents from the claimant?