Lowell Claim Form Received :(

[IslandScott]

Ok great, thank you. Il hold on and see if I receive any letters

[Amethyst]

Good plan xxx We're here, so when/if you get anything just post it up.

[IslandScott]

Still not heard anything from them. Is there anything I should do ? could they of sent something to my old address ?

[IslandScott]

Its been a month and not heard back from them, should i be doing anything please ?

[Amethyst]

Have you filed a defence? If not you need to do that ( today if the claim issue date was 22nd Jan ) - example defence here https://legalbeagles.info/library/gu...-court-claims/

I'd recommend logging into moneyclaim online now to check that you are still able to file your defence, and if so, get it submitted quite quickly - it will be pretty standard - catalogue claim, no documents or CCA at all provided. If you get stuck doing the defence please shout - tag me Amethyst

[IslandScott]

Thank you Amethyst Ive done the letter of defecnce but some points im not clear on and was hoping you could check it out for me if i pm it to you ?

Thanks,

Scott

[Amethyst]

Course xxx admin@legalbeagles.info if email is easier

Ok ignore me, I've got it on PM - give me ten xxx

[Amethyst]

Para 4 amend

4. The Defendant has previously purchased goods through various catalogues including the three catalogues that are named by the Claimant in their Particulars of Claim - Very - Littlewoods / Additions - however he does not know to which account the claimant refers in this claim and therefore in unable to plead further in that respect. The account reference number does not assist the Defendant in identifying the claim.


remove para 6 entirely

take the square brackets of paragraph 7 ( as you want to plead statute barred )

Para 9 amend.

9. The Claimant's statement of case contends that the account was terminated however gives no details of any date of such termination.


Para 10 amend.

10. As a Consumer Credit Act 1974 regulated agreement the Claimant is required to evidence that Very - Littlewoods / Additions Direct served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974 in order to give rise to any termination. The Claimant is required to prove that a Default Notice with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983 and was served on the Defendant.


Paras 12 and 13 - remove square brackets and mentions of s.77 - keep in s.78 mentions ( 77 is loans, 78 is running credit accounts )

Para 14 amend

14. The Defendant have asked the Claimant if we may agree to extend the time period allowed for filing of the defence pending receipt of documents (as allowed under CPR 15.5), but they have not responded.

[IslandScott]

Amethyst Ok great thanks. I have been in contact with them within 6 years though, i did have a payment plan arranged a couple of years back. Do i still want to plead statute barred ?

[Amethyst]

Ahhh okay of course, yes leave that paragraph out then xxx

[IslandScott]

Thank you. I have amended the document on google drive. Please could you check it again before I submit it ? thanks again for all your help

[IslandScott]

Sorry forgot to tag you, sorry to be a pain lol Amethyst

[Amethyst]

That looks absolutely fine Well done xxx

[IslandScott]

Hi Amethyst

I have received a response from them and attached a screenshot. Not sure what i should do next, i'm happy to arrange a payment plan, I just want to avoid a CCJ if possible. Please can you help ?

IMG_1485.JPG

Thanks,

Scott

[Amethyst]

How does the agreement look ? Just standard shop direct ? Is the screenshot from the right catalogue company. What is the default date on there and does it match up with what they said it was ?