Court Letter Lowell & Shop Direct

[echat11]

Hi my form is different I dont have the option Suitability for determination without a hearing


What shall i do?

Thanks

I'm not sure why that is the case, but don't dwell on it.

Download the following, fill it in as a PDF, then print it off, sign it.

https://assets.publishing.service.go...Final_Form.pdf

[junkmanukuk]

Many Thanks

Can it be emailed or do i have to send a physical copy

Also for D1 is this ok

The claimant has failed to provide the documents stated in their Statement of Case which were requested on 20/02/2023 and made under the CPR 31.14 to the Claimants solicitors and also they have failed to under the Consumer Credit Act 1974 (Sections 77−79) to send a copy of our credit agreement

Thanks

[echat11]

Many Thanks

Can it be emailed or do i have to send a physical copy

Also for D1 is this ok

The claimant has failed to provide the documents stated in their Statement of Case which were requested on 20/02/2023 and made under the CPR 31.14 to the Claimants solicitors and also they have failed to under the Consumer Credit Act 1974 (Sections 77−79) to send a copy of our credit agreement

Thanks

The email address for the Court is ccbcaq@justice.gov.uk , you will get an automatic acknowledgement of receipt.

In the email subject line write Defence - XXXXXXXXX v XXXXXXXXXX - Claim No: XXXXXXXXXX

In the email add a few more details i.e. Defence attached etc.

Remember to send the Claimant's solicitors a copy, make sure you get Proof of Postage.

[junkmanukuk]

Hi

Ive not received any letters by post but

For some reason ive missed these emails that have gone into my spam folder

One on the 1st of March

We confirm receipt of your Defence in which you admit entering into the Agreement with Shop Direct and request documents.

We are requesting copies of the Agreement from Shop Direct with whom you originally entered into the Agreement together with Statements and the Default Notice. Whilst we endeavor to provide evidence of the debt as soon as possible, you will appreciate this is dependent upon receipt of the information from the original creditor.

And one on the 28th March

I refer to the above matter and write further to the below email, to which you have failed to respond.

Please find attached a copy of the Agreement, Statement and a system screenshot evidencing that a Default Notice was sent to you provided by Shop Direct. The Statement positively evidences the principle balance that you are liable to pay. You had the use and the benefit of the services under the Agreement, before breaching the terms of the Agreement by failing to make the requisite payment

Our Client is satisfied that the outstanding balance remains due and owing by you and should the matter proceed, further costs may be incurred which you could also be liable for.


And they have provided a DN.PDF Statement.PDF and a Agreement.PDF

Does that change my response to D1

Thanks

[echat11]

Hi

Ive not received any letters by post but

For some reason ive missed these emails that have gone into my spam folder

One on the 1st of March

We confirm receipt of your Defence in which you admit entering into the Agreement with Shop Direct and request documents.

We are requesting copies of the Agreement from Shop Direct with whom you originally entered into the Agreement together with Statements and the Default Notice. Whilst we endeavor to provide evidence of the debt as soon as possible, you will appreciate this is dependent upon receipt of the information from the original creditor.

And one on the 28th March

I refer to the above matter and write further to the below email, to which you have failed to respond.

Please find attached a copy of the Agreement, Statement and a system screenshot evidencing that a Default Notice was sent to you provided by Shop Direct. The Statement positively evidences the principle balance that you are liable to pay. You had the use and the benefit of the services under the Agreement, before breaching the terms of the Agreement by failing to make the requisite payment

Our Client is satisfied that the outstanding balance remains due and owing by you and should the matter proceed, further costs may be incurred which you could also be liable for.


And they have provided a DN.PDF Statement.PDF and a Agreement.PDF

Does that change my response to D1

Thanks

Yes, it changes your response in D1, so you've got the documents, you need to check them (it's o.k. them sending them, but are they what they say they are).

You clearly can't write that you haven't received them.

You need to keep on top of this.

[junkmanukuk]

Hi ive no idea as ive not got a response from shop direct ie Very

[echat11]

Hi ive no idea as ive not got a response from shop direct ie Very

What haven't you received from Very?

[junkmanukuk]

I requested SAR from Very

Funny it says i have a Credit limit of £600 but The account defaulted with a default balance of £1,081.43 but the statement overdales sent is saying £1,212.75

Its all confusing

Shall i leave D blank now?

Thanks

[echat11]

The SAR isn't essential as far as dealing with the claim at the moment, but it could provide further information to help with Witness Statement. You need to find out what your original credit limit was?, when it was increased? did you approve the increase? did they just increase it? Your SAR will provide you with all this information.

Yes leave D blank, remember to ask for Mediation.

[junkmanukuk]

Ok many thanks so i should just fill the N180 send it off leaving D blank

[echat11]

Ok many thanks so i should just fill the N180 send it off leaving D blank

Put a'X' in D, leave the space below blank.

[junkmanukuk]

Hi Sorry do i put a cross in yes or no in D

[echat11]

Hi Sorry do i put a cross in yes or no in D

What's the question?

[junkmanukuk]

Do you consider that this claim is suitable for determination without a hearing, i.e. by a judge reading and considering the case papers, witness statements and other documents filed by the parties, making a decision, and giving a note of reasons for that decision?

If No, please state why not

Thanks

[junkmanukuk]

Do you consider that this claim is suitable for determination without a hearing, i.e. by a judge reading and considering the case papers, witness statements and other documents filed by the parties, making a decision, and giving a note of reasons for that decision?

If No, please state why not

Thanks

Any ideas?

Thanks