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*** DISCONTINUED *** Catalogue debt

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  • Re: Catalogue debt

    Originally posted by nemesis45 View Post
    If it's been passed to Lowell Solicitors Ltd. it's likely to be a complete cock up!

    nem
    Hi [MENTION=55034]nemesis45[/MENTION] and thank you. yes this is why I am asking [MENTION=5553]charitynjw[/MENTION] all this many questions....sorry for the thousends of questions. It is all so confusing... I feel that if as you say it is all a "complete cock up" then I should not be agreeeing to anything and they claim should be stayed?

    Comment


    • Re: Catalogue debt

      Originally posted by nafta View Post
      sorry to be a pain but will the court tell me wich solicitor to sent it to? If Lowell have not change solicitors offically with the court do i send it to the original solicitors or the new ones? How do I fill it in? Do I accept small claims track and mediation? Sorry it is all getting so comfusing and complicated......
      If this has been sent to Lowell Solicitors Ltd. it's most likely to be a complete farce. Yes ask the court.

      nem

      - - - Updated - - -

      Originally posted by nafta View Post
      Hi @nemesis45 and thank you. yes this is why I am asking @charitynjw all this many questions....sorry for the thousends of questions. It is all so confusing... I feel that if as you say it is all a "complete cock up" then I should not be agreeeing to anything and they claim should be stayed?
      Never worry about asking questions!!

      Check with the court tomorrow.

      nem

      Comment


      • Re: Catalogue debt

        trying to find out also about V24 T&C but SD on long hold.....do you know where else I can find this information. I keep googling and nothing. I have seen on another thread that at least for a credit card (not sure of same applies v5 or v6 is for 2001. not sure of this helps....

        Comment


        • Re: Catalogue debt

          Originally posted by nafta View Post
          Thank you @charitynjw for your constant help.
          So about he DQ I say yes to agree to small claims and mediation....But I thought I was defending this claim, would it not be going against original defence?
          Mediation doesn't affect the court case unless you & the claimant come to a mutually acceptable agreement.
          *If your case follows the usual pattern, due to the Claimant not supplying asked-for documentation, Mediation Service will probably not be able or willing to deal with it, & usually refer the case back to court for allocation.


          again about the DQ, I phone the court on Monday to check status and the court tell me Lowell have not filed an application to change solicitors, does their defence still stand?
          They have not filed a Defence, you have.

          They still have not supply me with documents asked for? what happens about this?
          *See above.

          Need to find out about T&C v24.0.


          Lets say that as you suspect Lowell are being sneaky and have done all wrong. How come the claim is not stayed, How can the courts still go ahead with DQ etc?
          The court, atm, are probably blissfully ignorant concerning Lowell's shenanigans.
          ####
          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


          • Re: Catalogue debt

            Originally posted by nafta View Post
            trying to find out also about V24 T&C but SD on long hold.....do you know where else I can find this information. I keep googling and nothing. I have seen on another thread that at least for a credit card (not sure of same applies v5 or v6 is for 2001. not sure of this helps....
            I must admit that I don't know either.
            However, it would be best to get documented 'from the horse's mouth' proof. (If they are the wrong T&Cs, ask SD to confirm in writing - email would be fine).
            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


            • Re: Catalogue debt

              Originally posted by charitynjw View Post
              I must admit that I don't know either.
              However, it would be best to get documented 'from the horse's mouth' proof. (If they are the wrong T&Cs, ask SD to confirm in writing - email would be fine).
              really silly question but when i get through to them do I have to give my name? do I have to explain the case? Do I just ask the question?

              Comment


              • Re: Catalogue debt

                Originally posted by nafta View Post
                really silly question but when i get through to them do I have to give my name? do I have to explain the case? Do I just ask the question?
                If it were me I wouldn't worry about giving my name.
                You don't have to mention the court case.
                They have sold the rights to payment to Lowell, so it will not affect SD.
                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


                • Re: Catalogue debt

                  OK so I have phoned the courts and they have informed me that they were advice of change of solicitors 8 March. Do they also said at first that they don't have Lowell Solicitors in their record? How can this be? Still trying to find out about v24 T&C too. I phoned Shop Direct and they have passed me form one to another now waiting for cll back from someone. So I will be filling in the DQ but I don't know where I stand now? I have not received the documents I asked for. All I have received is what I posted here.

                  Phoned CAB and they could not help me with regards to the v24 T&C. they told me to phone Consumer group but they also did not undertand and were not able to help me. So I am left waiting to hear from SD but they didnot understand the question either so....
                  Last edited by nafta; 13th March 2017, 15:32:PM.

                  Comment


                  • Re: Catalogue debt

                    V.24 looks like the terms at the time of default. The default charge for failing to make a payment is listed as £12 (it was £20 -£25 prior to 2006 and the OFT ruling on default chrges on credit cards) . In 2000 Littlewoods wasn't shop direct anyway - that didn't happen until 2005 when it became 'littlewoods shop direct' and then in 2008 it became just 'shop direct'.

                    Did they send you another copy of terms as well as those v24 ones?
                    #staysafestayhome

                    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                    Received a Court Claim? Read >>>>> First Steps

                    Comment


                    • Re: Catalogue debt

                      Originally posted by Amethyst View Post
                      V.24 looks like the terms at the time of default. The default charge for failing to make a payment is listed as £12 (it was £20 -£25 prior to 2006 and the OFT ruling on default chrges on credit cards) . In 2000 Littlewoods wasn't shop direct anyway - that didn't happen until 2005 when it became 'littlewoods shop direct' and then in 2008 it became just 'shop direct'.

                      Did they send you another copy of terms as well as those v24 ones?
                      No they have not sent anything else. Just these T&C, the letters posted and a copy of the DQ filled by them.

                      Comment


                      • Re: Catalogue debt

                        You're fine then. Littlewoods were really poor at getting signed credit agreements pre 2007 so I doubt v much they'll come up with anything, and while they can't they can't enforce, and they know that. You'll only find out really once you have a court date and the time comes for exchange of witness statements and documents.
                        #staysafestayhome

                        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                        Received a Court Claim? Read >>>>> First Steps

                        Comment


                        • Re: Catalogue debt

                          Originally posted by Amethyst View Post
                          You're fine then. Littlewoods were really poor at getting signed credit agreements pre 2007 so I doubt v much they'll come up with anything, and while they can't they can't enforce, and they know that. You'll only find out really once you have a court date and the time comes for exchange of witness statements and documents.
                          Thank you [MENTION=6]Amethyst[/MENTION]. Forgive my luck of knowledge. All this is new and frightening to me. So to summarise advice already given:

                          Check with court about change of Solicitors; Apparently the courts were informed but not me.
                          DQ sent by the court; I need to fill this in agreeing to small claims track and mediation.

                          I fill this in and send it recorded and then I wait for a court date?
                          What is exchange of witness statements and documents?
                          What about mediation? Don't totally understand this one either.

                          Comment


                          • Re: Catalogue debt

                            1: I fill this in and send it recorded and then I wait for a court date?

                            Yes, send the original to the court, send a copy to the claimant and keep a copy for yourself.


                            2:What is exchange of witness statements and documents?

                            When the court informs you of a court hearing date they will also give instructions for you to exchange witness statements with the other side. What you put in this depends what documents you have received from the other side. Just let us know when you receive the court date letter and we'll give you a hand putting your witness statement together. Keep your thread updated with anything you receive in the meantime.


                            3: What about mediation? Don't totally understand this one either.

                            If you tick YES to mediation then the court will email or write to you soon and ask if you have the documents you need to mediate the claim - it is likely you still won't have the documents ( the agreement / default notice etc ) by then so you'll say No, and a court date will then be set.
                            #staysafestayhome

                            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                            Received a Court Claim? Read >>>>> First Steps

                            Comment


                            • Re: Catalogue debt

                              It was for the reasons given by [MENTION=6]Amethyst[/MENTION] in post #144 that I suggested that further investigation of the supplied T&Cs should be made.
                              Unfortunately I don't have access to the 2000 T&Cs.

                              Lowells do seem to leave disclosure of documents until the last possible moment (usually 14 days or so before the actual hearing).
                              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


                              • Re: Catalogue debt

                                Originally posted by nafta View Post
                                To answer to @Diana M the charges are : £9099.36 plus £658.15 statutory charges plus £410 court fee plus £100 legal costs. A total of £10267.51.
                                I assume that the DQ refers to the claim being (potentially) allocated to the Small Claims Track not the Fast Track since you refer to a question about Mediation on the form (free SCCMS is not available to FT claims).

                                Since this claim is for over £10k you need to think carefully before you agree to it being allocated to the Small Claims Track.

                                Lowells will have suggested that in order to avoid the scrutiny they will face with Disclosure which is more thorough in FT. They will also be mindful that if they lost a FT claim they would have to pay your representative's legal costs so they will want to avoid that.

                                There are positives and negatives to both tracks so give it some thought before completing the form which asks you if you're happy with the suggested allocation. It won't actually be allocated until it's transferred to your local county court.

                                Di

                                Comment

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