missybees v Lowell Finance ( shop direct )

[missybees]

Hi

I am new to the forum and was wondering if anyone can help?

Lowell have sent me a claim form telling me that they are obtaining a County Court Judgement for a Shop Direct debt which they purchased in Nov 2008. Although I did get in to debt with several companies when I was younger, I cannot recall this particular debt (I had so many) I dont have any record of when I defaulted. According to Experian they don't know who the original creditors were, as far as they are concerned my debt is under Lowell & I defaulted in October 2008. I believe that if the debt is mine, I would have defaulted before this date as I pretty much stopped paying all of my debts at the same time (I left my job to concentrate on my studies and simply stopped paying) and the rest have now been wiped from my credit file. Left on my credit file are just two Mail order (now Lowell) debts. For the other debt Experian say I defaulted in summer 2009, again I beleive this to be false as I should have defaulted on all of my debts around the same time.

Just wondering if anyone can give me advice? Can a debt collection agency change the default date? I dont have any concrete evidence of how much I borrowed or when I stopped paying my debts but I find it really odd that all have been wiped apart from two under the name of Lowell. I am concerned and don't want to receive a CCJ as I have just had 2 CCJ'sdrop off my credit file and I now have a good credit rating and am looking to get a mortgage.

Once you receive a claim form does this mean that proceedings for a County Court Judgement have been made? Or is this a threat to take out a CCJ against me? Don't know whether Lowell are using scare tactics as a last resort or whether they mean business. My younger self would have simply ignored the letter and opted to bury her head in the sand, however right now I want to avoid another CCJ (caused by my teenage self) which will blemish my file for another 6 years, especially when I think (although not 100% cetain) that I defaulted more than 6 years ago.

Any help would be greatfly appreciated, thanks

[Amethyst]

Re: Lowell Finance

Okay first things first... does the letter you received look like this?



If so can you type out what it says in the bit called 'Particulars of Claim' please.

[missybees]

Re: Lowell Finance

Hi Amethyst, thank you for replying.

Yes the form looks like the one you have posted, the particulars of claim box reads:

THIS CLAIM IS FOR £.... THE THE AMOUNBT YOU UNDER AN AGREEMENT BETWEEN THE ORIGINAL CREDITOR AND THE DEFENDANT TO PROVIDE FINANCE AND/ AND OR SERVICES AND/ OR GOODS. THIS DEBT WAS ASSINED TO/ PURCHASED BY LOWELL PORTFOLIO LTD ON 28/11/2008 AND NOTICE SERVED PURSUANT TO THE LAW OF PROPERY ACT 1925
PARTICULARS RE: SHOP DIRECT A/C NUMBER.............
AND THE CLAIMANT CLAIMS £.......
THE CLAIMANT ALSO CLAIMS INTEREST PURSUANT TO S69 COUNTY COURT ACT 1984 FROM 28/11/2008
TO DATE AT 8% PER ANNUM AMOUNTING TO £......


Thanks for your help x

[bigbigproblems]

Re: Lowell Finance

Hi Amethyst, thank you for replying.

Yes the form looks like the one you have posted, the particulars of claim box reads:

THIS CLAIM IS FOR £.... THE THE AMOUNBT YOU UNDER AN AGREEMENT BETWEEN THE ORIGINAL CREDITOR AND THE DEFENDANT TO PROVIDE FINANCE AND/ AND OR SERVICES AND/ OR GOODS. THIS DEBT WAS ASSINED TO/ PURCHASED BY LOWELL PORTFOLIO LTD ON 28/11/2008 AND NOTICE SERVED PURSUANT TO THE LAW OF PROPERY ACT 1925
PARTICULARS RE: SHOP DIRECT A/C NUMBER.............
AND THE CLAIMANT CLAIMS £.......
THE CLAIMANT ALSO CLAIMS INTEREST PURSUANT TO S69 COUNTY COURT ACT 1984 FROM 28/11/2008
TO DATE AT 8% PER ANNUM AMOUNTING TO £......


Thanks for your help x

They have issued a claim against you. You don't have a CCJ. They have done this now to stop it being statute barred.

If you defend it they have to prove the debt. They can't usually do this.

You need to respond saying you acknowledge service, then you have more time to sort out a "defence".

[Amethyst]

Re: Lowell Finance

Yip, sounds like standard Lowell court claim then.

Okay no head in the sand then, you should be okay with this, we'll send off a couple of letters to find out exactly what the debt is then make a decision whether you try and negotiate or defend the claim.

First job is to acknowledge the claim - you can do this online on the moneyclaim website - theres a password and claim number on the form which you can use, just register, log in and click acknowledge and intend to defend all of this claim.

Next job is to send a ' CCA request ' letter to Lowell - this asks them for a copy of the credit agreement to ensure they a) have the right to claim the debt and b) the debt is enforceable in the first place. You will need to get a £1 postal order from the post office to go with it. The letter is here -> http://www.legalbeagles.info/forums/...y-of-Agreement

Next job is to send a CPR 31.14 request to BW Legal (the solicitors) - this asks them for the documents they have mentioned in their claim - ie those which they want to rely on in court - > you can find this http://www.legalbeagles.info/forums/...ic-information - no money needed with that one.

You will then have 33 days from the date of issue on the claim form to sort out whether you want to defend/negotiate/admit or ask the court to make an order for them to send you information.

Any questions feel free to ask away xxxx

[bigbigproblems]

Re: Lowell Finance

My advice is to email lowells asking to make an official complain (insert a reason here). Say you want a deadlock letter to go to the ombudsman. They generally fill their pants with brown stuff at this point and give in (in my experience).

[Amethyst]

Re: Lowell Finance

Ombudsman isn't really appropriate once the debt has gone to a court claim bbp xx

[bigbigproblems]

Re: Lowell Finance

Ombudsman isn't really appropriate once the debt has gone to a court claim bbp xx

That depends on what grounds you are complaining :tinysmile_twink_t2:.

The ombudsman will not interfere with anything that can go before the court - however if your complaint relates to their behaviour which is not specific to that account (their consistent harassment etc...) They can still look into it. Handily this costs Lowells £550, and they arn't too keen on it.

Without wanting to give too much away all you need to do is look on the ombudsman's site and work out what the company have done to treat you incorrectly within the time frames. It's not playing within the spirit of the ombudsman, but many companies don't work within the spirit of the law.

Btw - I love the financial ombudsman. Fortunately I've never needed to use them, however when it's gotten close to the magical 8 week point (I always refuse to close the case unless I get what I want) the companies have always just caved in.

[missybees]

Re: missybees v Lowell Finance ( shop direct )

Hi Amethyst just wondering if you would be kind enough to offer further advice. After following your advice when I received the court claim mentioned above, I have received a solicitors letter and I'm not sure what to do next.

The letter basically says that protocol was followed and "practice direction 7C point 1.4 (3A) eliminates the requirement to attach the documents to the Particulars of Claim when they are issued by this court" They also tell me the matter is likely to be allocated to the Small Claims Track as it is a sample contractual matter so part 31 of the Civil Procedure Rules do not apply.

They tell me that I should refer to my own records and that the client is not agreeable to an extension for me filing my defence. It is also recommended that I seek legal advice.

I would be grateful for any advice you can offer as I don't know what to do next.

thanks in advance :0)

[pt2537]

Re: Lowell Finance

That depends on what grounds you are complaining :tinysmile_twink_t2:.

The ombudsman will not interfere with anything that can go before the court - however if your complaint relates to their behaviour which is not specific to that account (their consistent harassment etc...) They can still look into it. Handily this costs Lowells £550, and they arn't too keen on it.

Without wanting to give too much away all you need to do is look on the ombudsman's site and work out what the company have done to treat you incorrectly within the time frames. It's not playing within the spirit of the ombudsman, but many companies don't work within the spirit of the law.

Btw - I love the financial ombudsman. Fortunately I've never needed to use them, however when it's gotten close to the magical 8 week point (I always refuse to close the case unless I get what I want) the companies have always just caved in.

Sadly, in my opinion, the ombudsman is as much use as a flaccid willy at an orgy. Points of law are not considered by the ombudsman, infact in Malouf v MBNA the ombudsman said there was no fraud,no misrepresentation, no breach of contract, then they admitted they dont apply the law anyway.

Since the matter is subject to proceedings, the ombudsman is of no use anyway, if a complaint to the ombudsman is made, then the Claim still progresses and furthermore judgment can still be entered.

So id forget about the ombudsman for now

Turning to the claim here, they may be right about the case being a small claim, hooooowever, it is not allocated yet, furthermore, it is a fundamental requirement that you are provided a copy of the contract upon which the claim is founded. Id refer them back to the CPR preaction protocol practice direction which specifies that the parties are expected to exchange documents before proceedings commence.

They cannot expect you to defend a claim without seeing the documents, they need to be reminded of the principle of equality of arms

[Amethyst]

Re: missybees v Lowell Finance ( shop direct )

Hi Amethyst just wondering if you would be kind enough to offer further advice. After following your advice when I received the court claim mentioned above, I have received a solicitors letter and I'm not sure what to do next.

The letter basically says that protocol was followed and "practice direction 7C point 1.4 (3A) eliminates the requirement to attach the documents to the Particulars of Claim when they are issued by this court" They also tell me the matter is likely to be allocated to the Small Claims Track as it is a sample contractual matter so part 31 of the Civil Procedure Rules do not apply.

They tell me that I should refer to my own records and that the client is not agreeable to an extension for me filing my defence. It is also recommended that I seek legal advice.

I would be grateful for any advice you can offer as I don't know what to do next.

thanks in advance :0)

Is it Bryan Carter?

Have a look at kelkies thread, and a number of others and you will see the letters are exactly the same standard tosh they always come out with.

This letter is off rips071's thread...



so hopefully that will help you not worry too much about it.

So next step is decide whether to enter an application to ask for an order for them to comply with the CPR request or enter a defence saying, pretty much, the same thing.

[missybees]

Re: missybees v Lowell Finance ( shop direct )

Hi Amethyst

Thank you for replying, a little reassuring to know they do this to everyone! Yes it is Bryan Carter and my letter is very similar to the one attached.

I have looked at Kelkies thread and I feel a little overwhelmed, I probably need to take the time to digest it all properly (when I'm not in work) I dont seem to be having much look finding rips071's thread.

So sorry but I dont really understand do I apply to the court to get them to comply or ask Bryan Carter or Lowell ro comply with my request? I was just wondering is there a template, or do I call them or email? Panicking as Bryan Carters letter is dated 7 days ago (came back to it of holiday to it)

Thanks!

[missybees]

Re: missybees v Lowell Finance ( shop direct )

Hi People :tinysmile_cry_t:
Feeling rather confused any help would be appreciated! As Bryan Carter/Lowell have refused to provide CCA and have referred me to my own records, Should I be filing my defence now, or can I report them for being non compliant, I'm scared that I'm running out of time. I have just been on to the Money Claim Website to see if I can defend myself on there but I cant find anthing -Maybe this is me being silly? I havent filed my defence as yet as I was waiting for Bryan Carter/Lowell to comply with my request. Any help would be much appreciated.

I have tried to find threads on here with similar cases to mine but I am feeling a bit overwhelmed and panicked!

Thanks in advance

[Kafka]

Re: missybees v Lowell Finance ( shop direct )

Just confirm the responses.

CPR31 - BC refused to comply.
CCA - what happened from Lowell?

[Amethyst]

Re: missybees v Lowell Finance ( shop direct )

Okay, so they have refused your request for an extension, refused to provide you with documents they are relying on, and haven't yet complied with your CCA request.

So you want to extend, let me check back what date you need to defend by.

Can't see the date of issue of the claim, but if you posted here quite soon after receiving it guessing you got it about 16th June, so you'd have to the 12th July ish to enter the defence.

When you acknowledged the claim did you do that online or by post?