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

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  • #16
    Re: Court Claim - Lowell Portfolio / Shop Direct LTD - 11-2-2015

    Originally posted by wanters View Post
    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?
    No, I wouldn't do that, as they may well take it as your defence, I know someone who sent a letter to the court and it was admitted as their defence even though it wasn't meant to be and wasn't worded as such.

    Along with the claim you would have received a response pack, in it you'll have form N009 - Acknowledgment of service and instructions. That one is just to acknowledge and tick the box that says: " I intend to defend all of this claim". The idea is that you can send that form by post, however, as you are short on time, you could just fill it in then scan it or try and take a clear picture of it and attach it to your email. The email address is correct and you should use the claim number on the subject heading, however, I would change it to 'Acknowledgment of Service'.

    If you want to track the email there's a service you can use. It's normally a paid service but you can have a free trial with 10 messages sent. Unlike other free trials, there's no need to supply card details and then cancel before the trial expires, you can just use your 10 free messages which should be enough while you are dealing with this claim. http://didtheyreadit.com/index.php/memberreg :thumb:

    Comment


    • #17
      Re: Court Claim - Lowell Portfolio / Shop Direct LTD - 11-2-2015

      Apologies for any spelling mistakes, this was all typed in a rush.

      Update -

      Still heard nothing from ShopDirect after the CCA request sent 16/02/2015

      Letter back from Bryan Carters today

      "We write futher to your letter dated 21 Feb 2015, the content of which we note. We refer to our letter dated 20 feb and reiterate its contents.

      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 Procdeure Rules will therefore not apply. In any even the Notices of Default and Assignment left the control of the Claimant when they were dispartched to you.

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

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

      We are in receipt of your ackowledgement of service and note your intention to file a defence."

      Comment


      • #18
        Re: Court Claim - Lowell Portfolio / Shop Direct LTD - 11-2-2015

        usual template response, see what letter next!

        Comment


        • #19
          Re: Court Claim - Lowell Portfolio / Shop Direct LTD - 11-2-2015

          Originally posted by wanters View Post
          Apologies for any spelling mistakes, this was all typed in a rush.

          Update -

          Still heard nothing from ShopDirect after the CCA request sent 16/02/2015

          Letter back from Bryan Carters today

          "We write futher to your letter dated 21 Feb 2015, the content of which we note. We refer to our letter dated 20 feb and reiterate its contents.

          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 Procdeure Rules will therefore not apply
          . In any even the Notices of Default and Assignment left the control of the Claimant when they were dispartched to you.
          Bog standard template response from BC.

          This is our usual response: http://www.legalbeagles.info/forums/...385#post410385

          Comment


          • #20
            Re: Court Claim - Lowell Portfolio / Shop Direct LTD - 11-2-2015

            Sorry, I'm confused. I've already sent that one, this is the responce to that letter. So I just send it again for a 3rd time?

            Comment


            • #21
              Re: Court Claim - Lowell Portfolio / Shop Direct LTD - 11-2-2015

              Originally posted by wanters View Post
              Sorry, I'm confused. I've already sent that one, this is the responce to that letter. So I just send it again for a 3rd time?
              Sorry I also got confused!

              No, no need to send it again. If they refuse to provide you with the documents, you have the option of either submitting a defence based on the lack of documents or an unless order to get the court to force disclosure of documents. I've just looked at the amount claimed and I don't think it would be worth going down the unless order route for that amount.

              Comment


              • #22
                Re: Court Claim - Lowell Portfolio / Shop Direct LTD - 11-2-2015

                Haha, glad it wasn't just me :tinysmile_twink_t2: I best crack on with my defence then, neither of them have come back with the requested documents, I'm no closer to knowing this debt from when I begun. I've saved some of the other threads to give me a guide for my defence but I'll post it for the once over before I go ahead with it.

                Comment


                • #23
                  Re: Court Claim - Lowell Portfolio / Shop Direct LTD - 11-2-2015

                  Originally posted by wanters View Post
                  Haha, glad it wasn't just me :tinysmile_twink_t2: I best crack on with my defence then, neither of them have come back with the requested documents, I'm no closer to knowing this debt from when I begun. I've saved some of the other threads to give me a guide for my defence but I'll post it for the once over before I go ahead with it.
                  I've seen that letter dozens of times, so much so it's hard to remember who had it when. Mr Carter issues claims in the hope of obtaining default judgment or an admission, he NEVER provides documents, nor does he EVER agree to an extension, unlike others who at least make it look like they're trying. :rant: :rant: :rant:

                  Comment


                  • #24
                    Re: Court Claim - Lowell Portfolio / Shop Direct LTD - 11-2-2015

                    Hi,

                    Just an update and advice request from me.

                    I submitted my defence on 12/03/2015. I got a letter dated 13/03/2015 from the courts acknowledging the defence. I also got a letter from Bryan Carters saying they got my defence and will be continuing with the claim and contacting the relevent court.

                    I have got a letter today from Bryan Carters as a response to my defence, and it doesn't really make much sense.

                    "We confirm that this debt relates to a Shop Direct account from the catalogue "Additions". The account fell into default on 21 Feb 2011 and a default notice was issued to you on 07 Nov 2009. The debt was assigned to our Client Lowell Portfolio on 28 Feb 2011.

                    ....blah blah blah....

                    Our Client is however willing to enter into "without prejudice" negotiations to settle this matter by way of a Tomlin Order. If you wish to discuss settlement on this matter, we should be grateful if you would contact our offices."

                    Those dates are messed up surely?

                    I'm going to go read up on what a Tomlin Order actually is.

                    Comment


                    • #25
                      Re: Court Claim - Lowell Portfolio / Shop Direct LTD - 11-2-2015

                      usual begging letter at this stage, sit tight

                      Comment


                      • #26
                        Re: Court Claim - Lowell Portfolio / Shop Direct LTD - 11-2-2015

                        Hi,

                        Did you continue to make after the DN was sent on 07/11/2009? The dates do not make sense otherwise!

                        nem

                        Comment


                        • #27
                          Re: Court Claim - Lowell Portfolio / Shop Direct LTD - 11-2-2015

                          Not that I can recall, but then I'm still not completely clear what the debt is for. I wonder if I can request a payment history.

                          Comment


                          • #28
                            Re: Court Claim - Lowell Portfolio / Shop Direct LTD - 11-2-2015

                            I've had a bit of a dig around, being a hoarder pays off sometimes.

                            I have found an email from 11/11/2010, I emailed ShopDirect because I'd been signed off from work with an anxiety issue, I was asking for a temporary break in payments or freeze on the interest/late payment charges until I was back in work and off sick pay. They just emailed me back saying if it was a terminal or long term illness then to phone them. I honestly don't remember what happened after that.

                            Comment


                            • #29
                              Re: Court Claim - Lowell Portfolio / Shop Direct LTD - 11-2-2015

                              Hiya,

                              New update.

                              I have a notice of proposed allocation to the small claims track from the courts. It tells me to fill it in and send it back. Should I agree to mediation?

                              Dense question: It also says to serve it to other parties, so I have to send a copy to Bryan Carters as well?

                              Comment


                              • #30
                                Re: Court Claim - Lowell Portfolio / Shop Direct LTD - 11-2-2015

                                Hello Wanters
                                Yes tick for mediation is an accepted part of the process now.

                                nem

                                Comment

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