Shop direct/lowells/cohen cramer claim form 4k plus

[leather1984]

hi all great reading through your work learnt alot already. just recieved a claim form from northampton business centre for a debt that was originally littlewoods, now lowells. the sum is for 4100 although i know some of this must be in fees etc....

account started feb 2008 and defaulted in jan 2012, where it was assigned to lowells, its been passed round the houses and seems to be back with lowells who have offered me a massive reduction if i paid in full, however i didnt and now have this claim to deal with. last payment was around may 2011.

would it be a waste of time sending a cca to lowells now? should i send a cpr to cohen cramer?

should i fight this? no doubt i owe this debt but to the scale of 4k i just cant fathom. would a court accept £1 a month as i have 5 dependants and no free income.

the issue date was the 15th feb,

look forward to hearing from you all

[leather1984]

Re: Shop direct/lowells/cohen cramer claim form 4k plus

particulars of claim the claim is for the sum of £****.**due by the defendant under a non regulated shop direct account with an account reference of ********* the defendant failed to maintain contractual payments required under the terms of the account agreement. the debt was legally assigned to the claimant on the 13/jan/2012 notice of which has been given to the defendant. the claim includes statutory interest under s.69 of the county courts act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings to the sum of ***.** the claimant claims the sum of ****.**

tried to do claim form but it wouldnt let me post as needed 4 characters more??

[leather1984]

Re: Shop direct/lowells/cohen cramer claim form 4k plus

particulars claim its non regulated so would that meean a cca is not applicable?

[charitynjw]

Re: Shop direct/lowells/cohen cramer claim form 4k plus

Hi leather1984 & welcome to Legal Beagles

Take a look through the 'green' bits at the top of this thread & use CCA & CPR letter templates to suit.

It would help if you could post up the exact Particulars of Claim.

Oooops, crossed posts!

[charitynjw]

Re: Shop direct/lowells/cohen cramer claim form 4k plus

Exactly what type of account was it?

[leather1984]

Re: Shop direct/lowells/cohen cramer claim form 4k plus

hi i have drafted up both the cca and cpr ready to print and send if its going to be worthwhile me defending. It was a littlewoods catalogue. Still not defended on the mcol, do you think its worth me defending all?

[charitynjw]

Re: Shop direct/lowells/cohen cramer claim form 4k plus

IMHO

Most accounts of this type are CCA-regulated.

Could you describe exactly how your account operates?

[leather1984]

Re: Shop direct/lowells/cohen cramer claim form 4k plus

not sure what you mean? it was a littlewoods catalougue that i paid monthly before falling behind and then stopped payments? in the particulars it caught my eye saying non regulated?

[nemesis45]

Re: Shop direct/lowells/cohen cramer claim form 4k plus

not sure what you mean? it was a littlewoods catalougue that i paid monthly before falling behind and then stopped payments? in the particulars it caught my eye saying non regulated?

Littlewoods account are CCA 1974 regulated, how was this account opened?

If you have the account number etc. I suggest you contact Shop Direct asap be to find out
if / why this is stated to be an unregulated account.
One as to be a little suspicious of some debt purchasers claims about the status of accounts.

nem

[leather1984]

Re: Shop direct/lowells/cohen cramer claim form 4k plus

on phone to them now, from 2010 interest and charges are quite alot but he said he cant give me statements or numbers as the account doesnt exist with them (contracdiction) he spoke to the manager who said all accounts are regulated from FCA? so he doesnt understand why it wouldnt be regulated. Very confused, shall i defend the claim?

- - - Updated - - -

why is it to there advantage to have a non regulated account?

[leather1984]

Re: Shop direct/lowells/cohen cramer claim form 4k plus

it was a while ago but id be fairly confident i opened it online

[leather1984]

Re: Shop direct/lowells/cohen cramer claim form 4k plus

Anyone please?

[Amethyst]

Re: Shop direct/lowells/cohen cramer claim form 4k plus

particulars of claim the claim is for the sum of £****.**due by the defendant under a non regulated shop direct account with an account reference of ********* the defendant failed to maintain contractual payments required under the terms of the account agreement. the debt was legally assigned to the claimant on the 13/jan/2012 notice of which has been given to the defendant. the claim includes statutory interest under s.69 of the county courts act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings to the sum of ***.** the claimant claims the sum of ****.**

Interesting they are claiming it is not regulated.

It was originally Littlewoods, and interest has been applied. It is a running credit agreement and it is regulated.

Definitely send a CCA request off.

When it comes to your defence that non regulated part of their statement of case will need arguing.

[Amethyst]

Re: Shop direct/lowells/cohen cramer claim form 4k plus

Lets see what they respond to the CCA request first then call them out about it.

Send a copy of your CCA request marked for Cohen Cramer information/reference along with the CPR letter - send the original with £1 to Lowell.

Have you acknowledged the claim ? If not make sure you do that and tick intend to defend in full -> first steps post http://legalbeagles.info/forums/show...it-Court-Claim

[Nibbler]

Re: Shop direct/lowells/cohen cramer claim form 4k plus

I suspect this is just an error ticking the boxes when auto-generating the claim docs, but will be interesting to hear their response.

Littlewoods rarely bothered to get you to sign anything, CCA or otherwise.

EDIT: Although as 2008 one, it may not be crucial.