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  1. #26
    charitynjw's Avatar

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    Default Re: Catalogue debt

    Quote Originally Posted by nafta View Post
    @nemesis45

    "Request for documents mentioned in a statement of case under CPR 31.14

    On 11/01/2017 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

    To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence. (Just leave it at that).

    1. Agreement / Contract
    2. Notice of Assignment
    3. Default Notice





    what date should I put in here? sorry I don't understand it fully. And...

    "Inaccordance with CPR 31.15(c) I undertake to be responsible for your reasonablecopying costs incurred in complying with this CPR 31.14 request."


    What does this mean?
    Just a courtesy gesture. It's very unlikely that they will ask for payment.

    nafta
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  2. #27
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    Default Re: Catalogue debt

    Quote Originally Posted by nafta View Post
    @nemesis45

    "For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, XX XXXX 201X."



    I am posting these two letter to the claimant who is Lowell. so do I need to say the bit that says "posted top your client"?
    CCA request to Claimant.
    CPR request to solicitors (You could enclose a copy of the CCA request with this....no fee with this one.....& write "Please find enclosed a copy of a CCA request sent to your client (put Lowells name per claim form) on (date).
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

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  3. #28
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    Default Re: Catalogue debt

    Thank you @charitynjw

  4. #29
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    Default Re: Catalogue debt

    Quote Originally Posted by nafta View Post
    @nemesis45

    "Request for documents mentioned in a statement of case under CPR 31.14

    On 11/01/2017 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

    To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on XX XXXX 201X.

    1. Agreement / Contract"




    what date should I put in here? sorry I don't understand it fully.
    you could just take out the date part altogether ... although your defence will be due 33 days after the issue date on the claim form

    Quote Originally Posted by nafta View Post
    And...

    "Inaccordance with CPR 31.15(c) I undertake to be responsible for your reasonablecopying costs incurred in complying with this CPR 31.14 request."


    What does this mean?

    nafta
    it's added to every cpr request to say you'll pay their copying costs (if needed) ... I've never seen anyone actually be charged for it tho' xx

    - - - Updated - - -

    beat me to it Charity :lol: xx
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  5. #30
    Diana M's Avatar

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    Default Re: Catalogue debt

    Quote Originally Posted by nafta View Post
    "Inaccordance with CPR 31.15(c) I undertake to be responsible for your reasonablecopying costs incurred in complying with this CPR 31.14 request."

    What does this mean?
    It means that if you don't include that in your request then you wouldn't be successful in any future application you may make to force disclosure.


    Quote Originally Posted by Joanna C View Post
    You must include the part "In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request. ".
    If you don't include it in your CPR 31.14 request then you have no right to insist on disclosure of the documentation because CPR 31.15 says that where a party has a right to inspect a document

    31.15 Where a party has a right to inspect a documentĖ
    "31.15 (c) that party may request a copy of the document and, if he also undertakes to pay reasonable copying costs, the party who disclosed the document must supply him with a copy not more than 7 days after the date on which he received the request".

    It is extremely unlikely that the claimant would try to charge a LIP for the production of the documentation but without your undertaking to pay you wouldn't be successful if you had to make an application.
    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email [email protected]. Our initial advice is always free.


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  6. #31
    nemesis45's Avatar

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    Default Re: Catalogue debt

    Quote Originally Posted by nafta View Post
    @nemesis45

    "Request for documents mentioned in a statement of case under CPR 31.14

    On 11/01/2017 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

    To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on XX XXXX 201X.

    1. Agreement / Contract"




    what date should I put in here? sorry I don't understand it fully. And...

    "Inaccordance with CPR 31.15(c) I undertake to be responsible for your reasonablecopying costs incurred in complying with this CPR 31.14 request."


    What does this mean?

    nafta
    It's the " technical wording " for the request just formal you wont be asked to pay anything.

    The documents mentioned in the particulars of claim are The agreement/Notice of Assignment/and The default notice.

    nem
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  7. #32
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    Default Re: Catalogue debt

    Quote Originally Posted by nafta View Post
    Hi,
    I have been a custmer with Littlewoods since 2000. I have £9000 debt with them and I am strugling to pay it back. I have spoken to them and explain my personal circumstances have changed dramatically but they say there is nothing they can do to help.
    I have not defaulted yet but his month I dont have the funds so I have cancelled my direct debit with them so I dont incure any charges at least from the bank.
    I have been reading a lot about unenforceable debts and CCA but I have not a clue about any of this.
    I want to pay my debt back but unless they are willing to take lower payments and freeze interest I simply cannot do it.
    I also have a debtt with simplybe. This one is for £2000 and I opened it up beginning of 2007. IS this also unenforceable? What does this mean? IF this debts are passed onto a debt collections agency , does that make them enforceable?
    I just dont have a plan of action.
    Can anyone here help?

    Many thanks,

    Nafta
    Hi,

    I can understand your concerns, i had a littlewoods (well shop direct) account from around 1999 which i spanked Littlewoods on. I had an accident at work and they were the most unhelpful shysters going. They told me that they were putting my payments up when i was in financial difficulty, sooooo i used the Consumer Credit Act against them.

    What you need to do, is look at how you opened the account. Think back to the first time you ordered from them, how did you open the account etc. Why?

    Well, the Consumer Credit Act for an account opened in 2000 requires a number of formalities, firstly there must be a document signed by the debtor containing the prescribed terms. "If" you never signed an agreement then littlewoods may well have problems recovering the money from you, so think back to how the account was opened.

    With my case, i rang them up after seeing an ad on tv, then they sent me a catalogue and i ordered off there without signing a thing.

    So think back , how did you open the account? this is the first question to deal with
    I work for QualitySolicitors Howlett Clarke in the Consumer Credit Department. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.



    You can also follow my blog on consumer credit here.


  8. #33
    Diana M's Avatar

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    Default Re: Catalogue debt

    Quote Originally Posted by nemesis45 View Post
    It's the " technical wording " for the request just formal you wont be asked to pay anything.
    Even if the OP is asked to pay anything it could only be a charge for copies of the documents. They can always go and inspect the documents (with their own eyes) without any charge.

    31.15 Where a party has a right to inspect a documentĖ

    "31.15 (c) that party may request a copy of the document and, if he also
    undertakes to pay reasonable copying costs, the party who disclosed the document must supply him with a copy not more than 7 days after the date on which he received the request".

    Di

    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email [email protected]. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  9. #34
    nafta's Avatar

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    Default Re: Catalogue debt

    Thank you for your comments. I am afraid I cannot tell you how I opened the account. So long ago....these days I don't even remember what I did yesterday
    I have however followed the advice given and have posted the CCA and the CPR so now just wait and see.

  10. #35
    Diana M's Avatar

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    Default Re: Catalogue debt

    Quote Originally Posted by nafta View Post
    have posted the CCA and the CPR so now just wait and see.
    Good. You've protected your legal position for now.

    I see you posted on this thread in August 2015 that the balance on the account was around £9k. How much is being claimed by Lowells on the summons?

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email [email protected]. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  11. #36
    nafta's Avatar

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    Default Re: Catalogue debt

    I am afraid I don't have the final figure with interest and charges.... Will look at it when I get home later tonite

  12. #37
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    Default Re: Catalogue debt

    If they can't produce the CCA documents, that is the simplest and best defence. Nothing I am writing changes that, it is just additional ideas in case they can produce the correct documentation.

    First you mentioned in August 2015 that you had priority bills. And since then your husband has had major health issues. Could you summarise what the rest of your financial situation is at the moment? Do you have any priority debts (rent / mortgage, council tax, energy bills, HP debts etc)? Your unsecured debts, roughly how much to they add up to not including this Littlewoods debt? Are you renting or buying?

    Second, I am guessing Littlewoods increased your credit limit over time. You may have a claim against them for irresponsible lending, see http://debtcamel.co.uk/refunds-catalogue-credit-card/. With a court case in progress however this needs to be turned from a complaint to the lendr to an Unfair Relationship defence. I'm not saying this is going to be easy ... but if your CCA documentation defence runs into trouble, it may be worth looking at this. @Amethyst @Celestine do you think a point needs to be included in the defence lodged at this stage to cover this?

    Finally you origianally mentioned a debt to Simply Be. This is probably a good time to ask for the CCA documentation on that. It is much less stressful to do this before court action is started!

  13. #38
    nafta's Avatar

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    Default Re: Catalogue debt

    @Debt Camel thank you for your post. You have actually read my mind as I was wondering what would happen if they were able to come up with the documents.

    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.


    To answer all the other questions. We have currently no priority debts. (phew!) BUt we both have non priority debts which we are trying to sort out.
    In his case he has been adviced to go bankrupt as he has no income, only the DLA.
    I am trying to deal with mine one by one but they all amount to over £20000 including this one.

    Simply be unfortunately has gone through the courts and I am now waiting for the court to see if they will do an attachment of earning or not. unfortunately I did the wrong thing of ignoring it at a time whin things got too much. Hence I am here now asking for help with others as I don't want this to happen again.

    My other debts are credit cards with vanquish, capital one and Aqua and a wonga loan.
    which brings me to the next question. All debts are with Debt companies. Do i ask them for CCAs? I have not yet received court papers for any of them but I would not be surprised if I did.

  14. #39
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    Default Re: Catalogue debt

    How large are your husband's debts? If they are less than £20,000 and his only income is disability benefits he should qualify for a Debt Relief order (nb I am assuming you are renting not buying here if bankruptcy has been recommended for him.) This is much cheaper than bankruptcy, fee only £90. See http://debtcamel.co.uk/debt-options/...relief-orders/ for details. If this is an option for him, the sooner he takes debt advice on it the better.

    Bankruptcy may well be a better option for you than fighting this lot through the courts, especially if you have an Attachement of Earnings. Is there any particular reason why you need to avoid bankruptcy?

    Have you completed the N56 form and returned it? If so, did you have advice on this, because they aren't that simple to complete if your husband is getting disability benefits. I think you should discuss this and indeed your full debt situation with National Debtline 0808 808 4000 urgently. An Attachement of Earnings can badly handicap your ability to make other arrangements with your other creditors leading to more court action.

    You may want to consider if you have irresponsible lending / affordability complaints with your other credit card and payday lenders. See http://debtcamel.co.uk/payday-loan-refunds/ and http://debtcamel.co.uk/refunds-catalogue-credit-card/. Also for any payday lenders you previously borrowed from. Getting in irresponsible lending complaints can help to prevent court action if you win them or at least delay it if you don't, giving time to prepare for bankruptcy.

  15. #40
    nafta's Avatar

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    Default Re: Catalogue debt

    @Debt Camel thank you for your advice. My husbands debts are over £20000 hence the bankruptcy route. In my case I am dealing with the court claims and also trying to deal with others by hopefully try to come up with a re-payment plan as I have not had court paper on them yet.

    As I have an income and also some surplus I was told bankruptcy would only mean still using the surplus to pay as well as the £650 fee?

  16. #41
    nafta's Avatar

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    Default Re: Catalogue debt

    @Debt Camel just to add I dont have an attachement yet. I was told to fill in the papers and sent them but thet the local court could still not give me an attachement?

  17. #42
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    Default Re: Catalogue debt

    If some of your husband's debts are payday loans / catalogues, he too could look at affordability claims. These could either reduce the total debts below 20k maing a DRO possible or any refunds could provide the fees for a bankruptcy application. PPI reclaims is another good source of money for this!

    I don't know how large your surplus income is or who gave you the bankruptcy advice and helped you calculate it?

    7 out of 8 people who go bankrupt do not make any monthly payments... If you do, they only last for 3 years and they are flexible - if you get extra expenses or your income reduced the bankruptcy payments reduce and may end.

    If you have disposable income it is highly likely that there will be an attachement of earnigns. If no-one helped you complete the N56 form, I do suggest talking to National Debtline about this.

  18. #43
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    Default Re: Catalogue debt

    @Debt Camel. Thank you again!! before I continue...is it ok to carry on in this thread?
    This is all become a bit overwhelming as I am having to deal with both my debts and his and he is not able to deal with this sort of financial issues.

    we contacted National Debtline over the Xmas period and we did a join income and expenses form and we had around £380 a month for all our creditors. The plan was to write to all and ask for agreement on repayments based on the budget. But then I had this claim form for SImply be. I filled in the form and attached a copy of the budget and posted it.

    The next thing I know is that they had passed it onto the local court for attachment of earnings because they say they did not received the form. I did send it next day recorded and within the dateline so no clue what happened there. I might have made the mistake not to properly fill the form as there was so little room i thought it would be best to write down "please see attached documents" . Was this the mistake because otherwise I don't know why they did not accept it.

    Now this letter from Basildon Court was posted through he wrong letterbox and i only got it yesterday that it was given to me by hand. The letter said to fill in the highlighted areas and return asap. There was also another paper of guidelines saying to respond within 8 days fro posted. I posted it recorded delivery this morning and then phoned the court and explained what happened. I was reassured it would be ok and that they were having a backlog and that maybe I could email the court explaining and include the tracking number for postage which I have done. Lets hope that it all goes ok as I am petrified they might send me to prison?

    - - - Updated - - -
    @Debt Camel the surplus includes his DLA. IS this correct? Should it be used as income?

  19. #44
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    Default Re: Catalogue debt

    You won't be sent to prison for returning the form a day or two late.

    Yes it is using the DLA as income that I am concerned about - there should have been entries on the expenses side to "counteract" this.

    Sorry but I think it is best if you do call ND again and ask what you should do.

  20. #45
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    Default Re: Catalogue debt

    Hi, just been looking at things and was wondering if someone here could double check things for me.
    Claim court papers are dated 10th January 2017. I submitted online intending to defend in full. Letters posted on the 18/01/17. Have just checked tracking and Cohen Solicitors received theirs on the 19/01/17 and Lowell received theirs 20/01/17.

    I know I have 33 days for defence but is this from date on claim papers? based on this dates which date do I have to submit my defence? Also I have not received any replies to my letters. One is within 7 days and the other one 12 working days. Does this mean that If by end of next week I have not received anything I can submit defence or do I have to wait till the very end?

  21. #46
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    Default Re: Catalogue debt

    12 February 4 p.m. do it by 4 p.m. 11th February for safety, not before, as it may give them ideas what reasons you listed in your defence they can work on for their advantage i..e. contents of your defence acted upon there and then and possibly corrected therefore your defence would be faulty

  22. #47
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    Default Re: Catalogue debt

    Quote Originally Posted by nafta View Post
    Hi, just been looking at things and was wondering if someone here could double check things for me.
    Claim court papers are dated 10th January 2017. I submitted online intending to defend in full. Letters posted on the 18/01/17. Have just checked tracking and Cohen Solicitors received theirs on the 19/01/17 and Lowell received theirs 20/01/17.

    I know I have 33 days for defence but is this from date on claim papers? based on this dates which date do I have to submit my defence? Also I have not received any replies to my letters. One is within 7 days and the other one 12 working days. Does this mean that If by end of next week I have not received anything I can submit defence or do I have to wait till the very end?
    The chances of response from them is pretty well nil at this stage - their way of doing business, for paperwork they do not have, do not read too much into it at present but shortly you will have the opportunity to mention failures by them>

  23. #48
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    Default Re: Catalogue debt

    Sorry I have been a bit absent but unfortunately I am also having to deal with an appeal for my husband'd PIP assessment. Just a quick update on this one though. I have not received a thing and I posted both letters on the 18th Jan and I know they were received the 19th one and 20th the other.
    My question is, I am due to submit defence on the 12 but I was adviced to do it a day earlier the 11th, however this is a Saturday? should I submit defence on the Friday 10th?

    nafta

  24. #49
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    Default Re: Catalogue debt

    Hi, I have not heard at all and I have to submit defence this week. can someone help me with it. Not sure how to go about it? I have till friday but I want to be prepare so I know what to do and there are no last minute hiccups?

    Nafta

  25. #50
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    Default Re: Catalogue debt

    @nemisis45

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