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** DISCONTINUED *** County Court Claim: Lowell - JD Williams

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  • ** DISCONTINUED *** County Court Claim: Lowell - JD Williams

    Hi, I would be very grateful if someone could give me some advice in regards to a County Court Claim I have received as I am uncertain as to how I should go forward with it.

    I had an account with Fashion World catalogue of which the original amount owing was around £350 back in 2007. Since then I would say I have paid back more than £1300. Because I got into financial difficulties several times over the years, the account accumulated a lot of interest and charges. Between 2010-12 time, both Fashion World and Reliable Collections were regularly sending me 4 letters/statements at a time when they wanted to increase the monthly payment, even though they were still in receipt of the regular payment I could afford every month through a standing order.

    I have now received a County Court Claim from Lowell Portfolio for around £1500. Expensive clothing that's for certain I think I had the account since around 2005-06 time. I can't remember if I signed any agreement then, but I have found that I have a copy of an updated credit agreement that was sent to me in 2008. That agreement doesn't have my name, address or signature on it. It just has their signature on it. It actually says on the credit agreement, only sign this if you want to be legally bound by its terms.

    I have written to Fashion World once in the past and also to a debt collector around 2009 time in regards to this account when I asked for the account to be brought back to Fashion World. They agreed so long as I paid a slightly higher payment every month. I agreed to that but I didn't realise then that they would continue to add interest to my account which was in effect a lot higher than the monthly payment I was making. Also from that point in time I never really knew who was running my account as there were letters from both Fashion World and Reliable Collections, but the direct debit payment was being paid to JD Williams. Confusing! Also I ended up asking if I could have the direct debit cancelled and set up a standing order instead to which they agreed but then I noticed that they hadn't cancelled the direct debit, and so I cancelled after a couple of months and kept the standing order payment going out each month.

    The last payment I made on the account was in 2015. At that point I was experiencing financial difficulties again and had no choice but to cancel the standing order.

    My question is - Do I have any grounds for defence seeing that I have already paid back more than enough already to cover the original debt or am I obliged to accept this claim?

    Thank you in advance for any help given.


    Last edited by Mustbekarma; 27th June 2017, 13:09:PM.
    Tags: None

  • #2
    Re: Do I have grounds for defence? County Court Claim: Lowell - JD Williams

    It doesn't sound like they would have much to go on with this claim.

    Firstly I would get your claim acknowledged - see First Steps and also check the date for filing your defence ( date printed on front of claim form plus 33 days )

    and then I would send a CCA request off to Lowell - CCA Request

    and a CPR request ( if you type out the full particulars of claim we can check what you can ask for ) - CPR 31.14 Request


    I think I might also be inclined to send a Subject Access Request directly to JD WIlliams - that could be fascinating with how they made a £350 debt without a credit agreement grow to, well, after you'd paid £1300 and now being sued for £1500 - nearly £3k ! ( It would also show any signed agreement that might exist (more likely not exist ) )

    I'm so glad you had had enough in 2015 or I reckon you'd still be paying it now and still owe the same amount.
    #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


    • #3
      Re: Do I have grounds for defence? County Court Claim: Lowell - JD Williams

      Hi Amethyst,

      Thank you for such a quick reply, it's really helpful


      The Particulars Of Claim


      1) The Defendant entered into a Consumer Credit Act 1974 regulated agreement with JD Williams under account reference XXXXXXX ('The Agreement')

      2) The Defendant failed to maintain the required payments and a default notice was served and not complied with.

      3) The Agreement was later assigned to the Claimant on XX/1/2016 and notice given to the Defendant.

      4) Despite repeated requests for payment, the sum of £1,250,00 remains due and outstanding.
      And the Claimant claims
      a) The said sum of £1,250.00
      b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.30, but limited to one year, being £98.00
      c) Costs

      I have changed the actual amounts slightly, so the figures shown won't add up.

      Thanks for all your help, it's greatly appreciated

      Comment


      • #4
        Re: Do I have grounds for defence? County Court Claim: Lowell - JD Williams

        Hi,

        Please can someone tell me what I can ask for in regards to the Particulars of Claim I posted above in a CPR request?

        Thank you

        Comment


        • #5
          Re: Do I have grounds for defence? County Court Claim: Lowell - JD Williams

          items mention on the court form i.e. agreement? assignment notice ? default notice? the answers are within what you printed out read the contents?

          Comment


          • #6
            Re: Do I have grounds for defence? County Court Claim: Lowell - JD Williams

            Okay thank you, just thought I'd check as new to all this and don't really know what I'm doing

            Comment


            • #7
              Re: Do I have grounds for defence? County Court Claim: Lowell - JD Williams

              I have noticed that on the updated Credit Agreement I was sent in 2008, it actually says that the agreement is made between Fashion World Limited and me....but on the Particulars of Claim it says the agreement was with JD Williams. I know they are connected, but does that mean the particulars of claim should have said the agreement was with Fashion World Limited and not JD Williams?

              Thank you.

              Comment


              • #8
                Re: Do I have grounds for defence? County Court Claim: Lowell - JD Williams

                Fashionworld part of JD Williams group no doubt>>??

                Fashion World is a trading style of J D Williams & Company Limited, the UK's leading direct home shopping company, operating over 20 successful catalogue brands. Our catalogues offer a huge selection of clothing and other products for all ages

                Comment


                • #9
                  Re: Do I have grounds for defence? County Court Claim: Lowell - JD Williams

                  Hi

                  It might be worth asking for the Deed of assignment as well, no doubt at this point Lowell will waffle that they will not provide it but in many cases the deed is the key to proving the claimant can not bring the claim.

                  I do think the cca request and the SAR are really important , for example the SAR may show different dates

                  With regard to the agreement from 2008, is it possible that you could have received two copies, one to keep and one to sign and return - again the SAR might show if that is the case

                  Comment


                  • #10
                    Re: Do I have grounds for defence? County Court Claim: Lowell - JD Williams

                    SAR (Subject access request)

                    Comment


                    • #11
                      Re: Do I have grounds for defence? County Court Claim: Lowell - JD Williams

                      Hi warwick65,

                      No I don't think I was sent an agreement to sign and send back to them. It says on the letter that came with it "we enclose a copy of the updated terms of the credit agreement to reflect the update terms and conditions. There is no mention of me signing the updated agreement and sending it back. The updated agreement doesn't have my details on it and just has a signature on behalf of Fashion World Limited on it.

                      From a legal perspective, shouldn't it actually say the agreement is with JD Williams instead of Fashion World Limited regardless of whether its a trading style of not?

                      Thank you
                      Last edited by Mustbekarma; 28th June 2017, 17:47:PM.

                      Comment


                      • #12
                        Re: Do I have grounds for defence? County Court Claim: Lowell - JD Williams

                        As far as i understand it, it will be perfectly ok because FW will be s trading style of Jd Williams. The Updated trms and conditions won't need your sig either but the original one will, however defendung on when it was opened depends on exactly what is needed

                        Comment


                        • #13
                          Re: Do I have grounds for defence? County Court Claim: Lowell - JD Williams

                          Hi,

                          What happens if you acknowledge the claim and say you intend to defend, but then at the end of the day decide not to put in the defence? Will extra costs be applied if that happens and would you be expected to pay it in full? Would you have the possible option still of paying any amount back in instalments if it came to that?

                          At present, I'm still trying to weigh up which way is best to go as I don't really know how to put the defence together.

                          In my case, on the defence would I state that I feel I have paid more than enough back and have the evidence to back it up, even though I wasn't paying the REQUIRED monthly payment? (it states the defendant failed to maintain the REQUIRED payments on the Particulars of Claim)

                          I don't remember getting a default notice but maybe that went to my old address. I moved but I was still paying a regular monthly payments till 2015.

                          Any help with this is greatly appreciated.

                          Comment


                          • #14
                            Re: Do I have grounds for defence? County Court Claim: Lowell - JD Williams

                            If you don't file a defence by the deadline then they can apply for default judgment against you. In that case, the court grants their claim and you owe them the money in full.

                            Right now you need to get the letters off as advised, all sent first class and signed for so you have proof. Your defence will be guided by what documentation they provide and what that tells you about the extraordinary amount they are claiming. You can't prepare a defence without that, but you can look at lots of other cases to see how things might go.

                            Comment


                            • #15
                              Re: Do I have grounds for defence? County Court Claim: Lowell - JD Williams

                              My thoughts are you need to follow the steps outlined by Amethyst earlier , so CCA request , Cpr request and SAR

                              You can, at any point decide to offer a settlement but do you really want to pay anything you don't have to

                              When it comes to the defence, you really need to use the tried and tested method as just saying I don't think I owe it just won't stand up in court - but non compliance with a cca request would work.

                              However if there are lots of charges which the SAR will show up you might be able to claim those back

                              Comment

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