CCJ set aside advise/ HELP Please.

[MIKE770]

Very shopdirect are known not crediting returns and payments they did me

[ansonlee]

Very shopdirect are known not crediting returns and payments they did me

Did you solve it?

[MIKE770]

No just stopped paying them and told them why, they sold it off and I told the buyers to prove payments not made (I had e-mail receipts) and they stated back to very (shop direct) NOT still Default on CRA file
*

[ansonlee]

Can you give me some advice,please. Amethyst*

How big chance my CCJ will set aside if i continue the hearing,so i can get more information rather than just a transaction list.

Do you think* Lowell* defend my WITNESS STATEMENT is strong enough to win the case?

Thanks

[Amethyst]

Maybe write back to Lowell pointing out the errors in the transaction list and tell them you are waiting for shop direct to respond to your SAR. That once you have the information and can work out what, if anything was actually owed on the account, you would be happy to negotiate a settlement however the immediate issue is the set aside application, which you are pleased they are minded to consent to and to that end can they send a consent order to save having to attend and costs of the hearing. *

[ansonlee]

Maybe write back to Lowell pointing out the errors in the transaction list and tell them you are waiting for shop direct to respond to your SAR. That once you have the information and can work out what, if anything was actually owed on the account, you would be happy to negotiate a settlement however the immediate issue is the set aside application, which you are pleased they are minded to consent to and to that end can they send a consent order to save having to attend and costs of the hearing.

Thanks for your advice,will write back to Lowell now. Amethyst**

[ansonlee]

Amethyst*
I received SAR by Shop direct now,what information should i looking for ?
I can see my account opened and agreement date on 22/03/13.This agreement is between us,shop direct finance company limited.
Particulars of the claim date on 23/03/2013. (the agreement)
10/09/18: Section 87 Default Notice Sent (no copy send to me)*
23/01/20: Query from Lowell for Default Notice-screenshot sent
17/12/23: Debt manager sold debt to Lowell on 17/12/18.
I can't find any when agreement was terminated,
*
The particulars of the claim.
1) THE DEFENDANT ENTERED INTO AN AGREEMENT WITH VERY - LITTLEWOODS/ADDITIONS DIRECT WHICH WAS REGULATED BY THE CONSUMER CREDIT ACT 1974 UNDER REFERENCE XXXX ON 23/03/2013 ('THE AGREEMENT'). 2) IN BREACH OF THE AGREEMENT, THE DEFENDANT FAILED TO MAINTAIN THE REQUIRED PAYMENTS AND THE AGREEMENT WAS TERMINATED. 3) THE AGREEMENT WAS LATER ASSIGNED TO THE CLAIMANT ON 17/12/2018 AND WRITTEN NOTICE GIVEN TO THE DEFENDANT. 4) DESPITE REPEATED REQUESTS FOR PAYMENT, THE SUM OF £XXXX REMAINS DUE AND OUTSTANDING. AND THE CLAIMANT CLAIMS A) THE SAID SUM OF £XXXX B) INTEREST PURSUANT TO S69 COUNT 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 £2.078, BUT LIMITED TO ONE YEAR, BEING £629.50 C) COSTS

[ansonlee]

Amethyst*
can you give me some advice for SAR,please.

[ansonlee]

Amethyst*

hearing dated on 13 March 2020. Any advice,do i need to prepare anything?Do i need bring any document with me?What will happen on the day?

Thanks

[ansonlee]

Amethyst*

I received email by Lowell today"Our client is willing to consent to your application for the County Court Judgment to be set aside. With that in mind we will request the Judge makes directions you file a fully pleaded Defence as to why you dispute the claimed amount. At this point the onus will be on you to provide evidence to substantiate any allegation you raise in your Defence."

Do i need to provide evidence on this Friday?

Thanks

[ansonlee]

Amethyst* *Any advice on the hearing day,please.*
Thanks

[Amethyst]

Sounds like Lowell won't be attending and will consent to set aside so should just be a tick box exercise and the judge order a defence in 14/28 days xx*

[ansonlee]

Sounds like Lowell won't be attending and will consent to set aside so should just be a tick box exercise and the judge order a defence in 14/28 days xx

Can i request 28 days instead 14 days to file my Defence?*
Will court send me Response Pack to my current address again,so i can submit Defence* online?

Many Thanks* *

[ansonlee]

Amethyst*

[Amethyst]

You'll have to do the defence on paper now as it's beyond the online system - but yes ask for 28 days if you need them - judge can only say no xx