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Panic !!!

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  • Panic !!!

    first post so ill do my best , my partner recieved a northampton county court claim form issue date 11/07/2019 , claimant being lowells portfolio 1 ltd, details as follows

    1.the claim compromises the following agreements the defendant entered into :
    a. shop direct finance company ltd with reference xxxxx and current balance of £149.00
    b. EE finance plc with reference xxxxx and current balance of £71.00
    the agreements were terminated as payments were not maintained and subsequently assigned to the claimant,which claims:
    a.the total of the said sums being £220.00
    b.interest pursuant to the county courts act 1984 at the rate of 8% per annum from the date of assignment to the date of issue , but limited to one year , being £17.63
    c.costs

    i went on to mcol and did an AOS it was recieved on the 15/07 , i also cpr and cca requested lowells and the solicitors , the documents were recieved by both on the 19/07

    we have received no correspondence at all from either parties

    unfortunately i have been working away so havent had access to sort this mess out and i think my deadline to submit a defence is now

    can anyone advise me what to do next , im really panicking here
    Last edited by crisishere; 12th August 2019, 17:17:PM.
    Tags: None

  • #2
    Sounds like you have done what you needed to do far, so it's just to sort your defence, which is due 33 days after the issue date printed on the form ( hopefully that's 13/14th July?)

    Did you send two CCA requests ?( one for the EE finance and one for the shop direct agreement )

    Any idea when you last paid either debt?
    #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
      thankyou for your reply, unfortunately i only sent one with both accounts listed on them as i wasnt aware to do so, silly of me as i thought it was both accounts rolled into a single claim , looks like i have messed up

      last payment on shop direct was feb 2016 and EE was sept 2016

      thanks again for your quick response !

      Comment


      • #4
        Ok don't worry - was EE finance an airline/data contract or a separate device loan ?

        Any issues you recall or was it simply a cash flow decision to stop paying them ?
        #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


        • #5
          EE was an airline /data plan, she had cash flow problems due to hours being cut at work and running a house on her own unfortunately, im just trying to do my best to help her with the issue now it's at this stage, head has been firmly buried to be honest

          Comment


          • #6
            Any ideas anyone I'm a bit lost?

            Comment


            • #7
              I really don't know if I should submit an embarrassed defence or the template one from here?

              Comment


              • #8
                I'd stick with our example as a start point - there is very minimal information in the claim - EE finance appears to be an offshoot of EE that runs credit agreements ( loans) for device purchases separate from data - amend the defence to mention the two separate issues - and send a further cca request for the EE finance agreement. No default or date of assignment for either debt is mentioned so point that out as the statement of case being vague.

                #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


                • #9
                  OK Thankyou again I'll get onto that right now, Thankyou!

                  Comment


                  • #10
                    Hi I'm stuck with part 4 of example defence?
                    Do I admit/deny?
                    Also orig creditor/claimant, do I put both EE and shop direct in that section?
                    Thankyou, I know I'm a pain

                    Comment


                    • #11
                      hi Amethyst i have prepared her defence to the best of my ability , is there any way i could have this glanced over before i submit it ? not sure how to go about it as the saved draft contains her details ?

                      Comment

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