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Thread: Catalogue debt

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  1. #151
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    Default Re: Catalogue debt

    Quote Originally Posted by Diana M View Post
    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
    Thank you @charitynjw and @Diana M. But now I am feeling a bit like a little girl in a world just for grown ups. What would be the worst case scenario if i say it is not acceptable for small claims track? Lowell have not sent any documents to me yet and they have not informed me of the change of solicitors even though they have to inform me too. @charitynjw feels Lowell may produce these documents before the hearing yet @Amethyst thinks Lowell wont be able to produce the documents as Littlewoods were very bad at keeping records...Don't know which way to turn. I am totally unfamiliar with all these situations. i have never in my life gone to court for anything..... any advice appreciated

  2. #152
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    Default Re: Catalogue debt

    Quote Originally Posted by charitynjw View Post
    Lowells do seem to leave disclosure of documents until the last possible moment (usually 14 days or so before the actual hearing).
    Quote Originally Posted by nafta View Post
    @charitynjw feels Lowell may produce these documents before the hearing
    There's a world of difference between producing documents, & those documents being accurate or compliant.
    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.
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    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

  3. #153
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    Default Re: Catalogue debt

    Quote Originally Posted by charitynjw View Post
    There's a world of difference between producing documents, & those documents being accurate or compliant.
    so i guess the question is do i agree to small claims or go for fast track... totally lost going through the post I must admit i forgot to send the SAR. I think I should sent it now?
    Last edited by nafta; 13th March 2017 at 22:06:PM.

  4. #154
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    Default Re: Catalogue debt

    What is the deadline for filing your DQ at court?

    No one can tell you for certain that the Claimant won't be able to produce documents.

    All I can say is that with a claim of this size they will try hard to produce reconstituted documents in an effort to persuade the court that 'on the balance of probabilities' the original documents did exist.

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

  5. #155
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    Default Re: Catalogue debt

    Quote Originally Posted by Diana M View Post
    What is the deadline for filing your DQ at court?

    No one can tell you for certain that the Claimant won't be able to produce documents.

    All I can say is that with a claim of this size they will try hard to produce reconstituted documents in an effort to persuade the court that 'on the balance of probabilities' the original documents did exist.

    Di
    I have till the 27th March. Reconstituted documents? what does tis mean?

  6. #156
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    Default Re: Catalogue debt

    Quote Originally Posted by nafta View Post
    going through the post I must admit i forgot to send the SAR. I think I should sent it now?
    Yes you should

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

  7. #157
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    Default Re: Catalogue debt

    Quote Originally Posted by nafta View Post
    so i guess the question is do i agree to small claims or go for fast track... totally lost going through the post I must admit i forgot to send the SAR. I think I should sent it now?
    If it was me, & with that kind of money in the balance, I'd certainly think seriously about the advice given at the top of the thread.
    We now feature a number of specialist consumer credit debt solicitors on our sister site, lbcompare.co.uk- If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
    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

  8. #158
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    Default Re: Catalogue debt

    Quote Originally Posted by Diana M View Post
    Yes you should

    Di
    Littlewoods i believe is now shop direct? who should I address the SAR to? I will do it tomorrow morning and post it straight away recorded.

  9. #159
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    Default Re: Catalogue debt

    shop direct all same building:-

    Skyways House
    Speke Road
    Speke
    Liverpool
    L70 1AB














  10. #160
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    Default Re: Catalogue debt

    Any chance of a template for this SAR letter? I would like to post it today. Many thanks

  11. #161
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    Default Re: Catalogue debt

    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

  12. #162
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    Default Re: Catalogue debt

    Quote Originally Posted by charitynjw View Post
    I have letter ready. DO I send a postal order for the value of £10?

  13. #163
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    Default Re: Catalogue debt

    yes = statutory requirement
    Last edited by Amethyst; 14th March 2017 at 12:25:PM.

  14. #164
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    Default Re: Catalogue debt

    It is the maximum statutory fee they can charge for a SAR - not all firms will charge it but most do so best to include it with your letter save any hold ups.
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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

    Find Solicitors and Legal Services Providers offering fixed fees on our sister site - LBcompare.co.uk

  15. #165
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    Default Re: Catalogue debt

    I did send the SAR registered si now waiting in that and trying to decide how to fill the DQ as I have little time left.

  16. #166
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    Default Re: Catalogue debt

    Quote Originally Posted by Diana M View Post
    What is the deadline for filing your DQ at court?
    Quote Originally Posted by nafta View Post
    I have till the 27th March.
    Quote Originally Posted by nafta View Post
    trying to decide how to fill the DQ as I have little time left.
    According to your post # 155 your DQ deadline is 27th March which is the week after next (Monday).

    You should have received a reply to your email sent this morning (Sunday) saying that I would be back in the office on Thursday morning. I have your phone number so if I can I'll ring you before then.

    Try not to fret so much - I know that's easier said than done.

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

  17. #167
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    Default Re: Catalogue debt

    Thank you!! I have not received anything and as I appreciate you must be a very busy lady did not feel I could disturb you again. But thank you for replying here.

  18. #168
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    Default Re: Catalogue debt

    Hi, Today I have received this email....

    Dear xxxxxxxxThank you for your recent request under the Data Protection Act 1998 for a copy of your personal information held by Shop Direct.I have attempted to contact you on xxxxxxxxxx but I have been unable to reach you, could you please provide a contact number and advise when you would be available for me to call you. Alternatively could you please give me a call on 0344 811 8515 so we can proceed with your request we would like to confirm specifically what information you want as we do not want to send you unnecessary information.

    Depending on the reason for the DSAR for instance if it is in relation to a complaint we can have this logged and it would be fully investigated by a complaint handler.

    If your query is in relation to PPI we can provide this information free of charge, return your cheque and send you full details of any PPI applied to all accounts held.

    Therefore, if we do not hear from you we will process your £10.00 cheque and will provide you with our standard pack within the 40 day statutory time period.If I can be of any further assistance in this matter, please contact me by telephone or by email. Our opening hours are Monday-Friday 9.00am – 5.00pm.Yours sincerely,Gill Wood
    Data Protection Unit
    Customer Excellence - Aintree
    www.shopdirect.com
    0344 811 8515

  19. #169
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    Default Re: Catalogue debt

    Ask for personal data the hold.

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I Prefer Not to Advise by Private Message If Specific Advice is Needed I will Respond on the open forum. If you are contacted (cold called) by anyone offering advice for a fee please report it to the site team. Animo et Fide





  20. #170
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    Default Re: Catalogue debt

    Quote Originally Posted by nemesis45 View Post
    Ask for personal data the hold.

    nem
    thank you @nemesis45 sorry if i sound naive, but is this the last option as in the standard full pack?

  21. #171
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    Default Re: Catalogue debt

    Hi nafta

    I am sure Diana will call you as promised

    What they say is a full pack may not be, you can only wait and see really

    ( I sent a DSAR to Capital One and they sent back some of the info, I am reading through it to decide if I need to ask for the rest- but thats my problem)

    Remember, whatever they might try to say, the 40 days started when they received the SAR not when they want it to

  22. #172
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    Default Re: Catalogue debt

    thank you! yes I am sure she will. just wanted to put this one out there in the meantime.

  23. #173
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    Default Re: Catalogue debt

    Quote Originally Posted by nafta View Post
    thank you @nemesis45 sorry if i sound naive, but is this the last option as in the standard full pack?
    Hello nafta,

    You can specify document an generalise your request e.g. I request all personal data howsoever stored/held including but not limited to the following items.

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I Prefer Not to Advise by Private Message If Specific Advice is Needed I will Respond on the open forum. If you are contacted (cold called) by anyone offering advice for a fee please report it to the site team. Animo et Fide





  24. #174
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    Default Re: Catalogue debt

    Thank you @nemesis45

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