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Court Claim - Lowell / Shop Direct - 13-1-2016

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  • Court Claim - Lowell / Shop Direct - 13-1-2016

    Received a claim? Yes
    Issue Date: 13-1-2016
    Amount approx:
    Claimant: Lowell
    Solicitor: Lowell Solicitors Limited
    Original Credit: Shop Direct

    Particulars of Claim:
    The defendant entered into a consumer credit act 1974 regulated agreement with shop direct and the defendant failed to maintain payments.

    The agreement was later assigned to the claimant on 16/05/2014 and notice given to the defendant.

    Despite repeated requests the sum still remains due and outstanding.


    Stat Barred? No

    Have sent: Acknowledged the Claim

    Other Info:
    I recognise the debt but do not know if the amount is correct and I have not been sent any information from them.
    Tags: None

  • #2
    Re: Court Claim - Lowell / Shop Direct - 13-1-2016

    Originally posted by DreamX View Post
    Received a claim? Yes
    Issue Date: 13-1-2016
    Amount approx:
    Claimant: Lowell
    Solicitor: Lowell Solicitors Limited
    Original Credit: Shop Direct

    Particulars of Claim:
    The defendant entered into a consumer credit act 1974 regulated agreement with shop direct and the defendant failed to maintain payments.

    The agreement was later assigned to the claimant on 16/05/2014 and notice given to the defendant.

    Despite repeated requests the sum still remains due and outstanding.


    Stat Barred? No

    Have sent: Acknowledged the Claim

    Other Info:
    I recognise the debt but do not know if the amount is correct and I have not been sent any information from them.
    Good evening, welcome to LB.

    Things to do:

    1. A CCA request for the agreement relevant to the debt which is the subject of the claim.
    This goes direct to Lowell at the address on the claim form, there is a £1 statutory fee to pay,
    use a Postal Order endorsed " For Statutory Fee Only" . Lowell has 12 + 2 Working Days to comply.

    Use the template from the forum library. Send by signed for post.

    2. A request under the provisions of Civil Procedure Rule 31.14 (CPR) (no Fee ) for the documents mentioned
    in the statement of claim. In this case the " regulated agreement " & the Notice of Assignment

    This goes to the solicitors by signed for post. A nominal 7 day timescale applies.
    Could give us some more detailed history of the debt please.

    nem

    Comment


    • #3
      Re: Court Claim - Lowell / Shop Direct - 13-1-2016

      Originally posted by nemesis45 View Post
      Good evening, welcome to LB.

      Things to do:

      1. A CCA request for the agreement relevant to the debt which is the subject of the claim.
      This goes direct to Lowell at the address on the claim form, there is a £1 statutory fee to pay,
      use a Postal Order endorsed " For Statutory Fee Only" . Lowell has 12 + 2 Working Days to comply.

      Use the template from the forum library. Send by signed for post.

      2. A request under the provisions of Civil Procedure Rule 31.14 (CPR) (no Fee ) for the documents mentioned
      in the statement of claim. In this case the " regulated agreement " & the Notice of Assignment

      This goes to the solicitors by signed for post. A nominal 7 day timescale applies.
      Could give us some more detailed history of the debt please.

      nem
      Hi there,

      Thank you for the welcome and advice...I will follow the above and update the thread as I go along...

      As for the history, the payments became to much for me as other debts stacked up and I became unable to pay any of them around 2012. I slowly worked around paying priority debts first. The original catalogues I owed money too merged at some point and I lost track of what was owed or if the amount they were asking for was correct. The debts bounced around between various dca's and I didn't hear anything for a long while until we moved house recently.

      Comment


      • #4
        Re: Court Claim - Lowell / Shop Direct - 13-1-2016

        Hi again guys,

        So I received the first letter which was from Lowell solicitors... it stated that my request for documents has been forwarded to the client but it is unlikely to be within the 7 day deadline. I guess this is the usual default letter they send out?

        I haven't yet received anything from Lowell themselves regarding the CCA request...they received both requests on the 19/01/2016. Is it normal for them to leave it this long?

        Regards

        Comment


        • #5
          Re: Court Claim - Lowell / Shop Direct - 13-1-2016

          Hi guys....still no CCA from Lowell.....what should I do next???

          Comment


          • #6
            Re: Court Claim - Lowell / Shop Direct - 13-1-2016

            Originally posted by DreamX View Post
            Hi guys....still no CCA from Lowell.....what should I do next???
            Presuming you acknoledged the claim online , you need to file your defence by the 15th of Feb.
            There's loads of templates on here to help you with that . They have 12 days to respond to your CCA , if they haven't then they failed to comply with your request therefore the debt in unenforcable without an agreement .There is no penalty for not complying with the CPR request .

            Comment


            • #7
              Re: Court Claim - Lowell / Shop Direct - 13-1-2016

              Originally posted by icrina53 View Post
              Presuming you acknoledged the claim online , you need to file your defence by the 15th of Feb.
              There's loads of templates on here to help you with that . They have 12 days to respond to your CCA , if they haven't then they failed to comply with your request therefore the debt in unenforcable without an agreement .There is no penalty for not complying with the CPR request .
              Thanks for the reply....so I don't need to send them another letter asking for an extension as they haven't provided the documents?

              Comment


              • #8
                Re: Court Claim - Lowell / Shop Direct - 13-1-2016

                No don't , you usually receive an extension for the CPR request but if you haven't heard anything from the CCA don't chase it up and just file your defence as normal , it works in your favour not having a reply .

                Comment


                • #9
                  Re: Court Claim - Lowell / Shop Direct - 13-1-2016

                  Originally posted by icrina53 View Post
                  No don't , you usually receive an extension for the CPR request but if you haven't heard anything from the CCA don't chase it up and just file your defence as normal , it works in your favour not having a reply .
                  Each debt purchaser and their solicitors has a different approach to CPR 31.14 requests for inspection of documents.
                  Some such a Mortimer Clarke ( Part of the Cabot group ) will apply an extensions in Some cases.

                  It is Not automatic ( Lowell Solicitors are really an unknown quantity as yet) so do Not assume an extension is
                  or will be agreed, if you need more time you will have to ask for it.

                  nem

                  Comment


                  • #10
                    Re: Court Claim - Lowell / Shop Direct - 13-1-2016

                    Thanks for the replies guys!

                    I have now filed my defence so lets see what happens!

                    Comment


                    • #11
                      Re: Court Claim - Lowell / Shop Direct - 13-1-2016

                      Originally posted by icrina53 View Post
                      Presuming you acknoledged the claim online , you need to file your defence by the 15th of Feb.
                      There's loads of templates on here to help you with that . They have 12 days to respond to your CCA , if they haven't then they failed to comply with your request therefore the debt in unenforcable without an agreement until such time as they can dig one out from somewhere & send it to you .There is no penalty for not complying with the CPR request .
                      Small addition to your post if I may, icrina.
                      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


                      • #12
                        Re: Court Claim - Lowell / Shop Direct - 13-1-2016

                        Hi again guys...

                        My N180 arrived recently so I have filled it all in and sent it off today...I will keep the thread updated.

                        Thanks

                        Comment


                        • #13
                          Re: Court Claim - Lowell / Shop Direct - 13-1-2016

                          Hi again guys...

                          Long time no update...

                          So the court date is set for this Friday (22/07/16) the issue is we moved house just over a month ago...we have just recently managed to change the address over for the courts but I'm not sure if lowell would have sent anything over to the old address.

                          After speaking to the courts they say they haven't heard anything from lowell since may? I'm panicking now....what should I do?

                          Thanks

                          Comment


                          • #14
                            Re: Court Claim - Lowell / Shop Direct - 13-1-2016

                            court says they have heard nothing - then contact the court in couple of days to check any update if you have heard nothing, they may/discontinue at the last moment (they hope you cave in =their underhand tactics at times), but check with the courts as the courts paper work is days behind some times. other will comment also so keep looking on here!

                            Comment


                            • #15
                              Re: Court Claim - Lowell / Shop Direct - 13-1-2016

                              Originally posted by DreamX View Post
                              Hi again guys...

                              Long time no update...

                              So the court date is set for this Friday (22/07/16) the issue is we moved house just over a month ago...we have just recently managed to change the address over for the courts but I'm not sure if lowell would have sent anything over to the old address.

                              After speaking to the courts they say they haven't heard anything from lowell since may? I'm panicking now....what should I do?

                              Thanks
                              Hello DreamX

                              Still no CCA request compliance? or CPR?

                              As this is being handled by Lowell solicitors who have shown total incompetence in a growing number of claims you would be wise to check with the court just before the end of the court "day" 1600hrs. LS has been seen to take matters right to the wire or actually fail to appear then seeking relief from sanctions put in place because or their non compliance with the court process.

                              nem

                              Comment

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