SD set aside now threat of ccj

[Milleniummug]

Hi everyone, some interesting reading on here!  But I can't seem to find an answer to my problem with lowells. I won a set aside of a SD last year due to no cca and the account in dispute. Iv heard nothing from the low life's until now Iv had court papers threatening ccj? Can they do this? Any advice would be greatly appreciated. Thank you

[teaboy2]

Re: SD set aside now threat of ccj

Hi everyone, some interesting reading on here!  But I can't seem to find an answer to my problem with lowells. I won a set aside of a SD last year due to no cca and the account in dispute. Iv heard nothing from the low life's until now Iv had court papers threatening ccj? Can they do this? Any advice would be greatly appreciated. Thank you

Satutory Demands are the first step to making a person that owes money bankrupt should they not pay up or agree a repayment plan. lowell are well known for abusing that avenue to try and enforce debts.

Others here will be able to advise you on what to do regarding the court claim papers. Though first thing is you need to acknowledge the claim and your intention to defend!

If lowel have no CCA then a court can not enforce the debt! If they have gone ahead with a court claim without a CCA, knowing they did not have one due to the SD being set aside for that reason, then i would personally would make it clear that their actions are akin to vexatious litigation. Same if they have suddenly found the CCA but not provided it to you and allowed you time to consider it prior to issuing a claim!

But as i said others will be along soon

[Amethyst]

Re: SD set aside now threat of ccj

Unfortunately yes they can. They should have gone through pre action letters again since you had the stat demand set aside, and they still have to come up with the credit agreement under the CCA 1974, however yes they are allowed to bring county court proceedings. They do currently seem to be doing so in a number of cases where they originally got SD's set aside for failure to comply with the CCA or procedural errors.

Can you tell us a bit more about the debt, any disputes, approx amount, and type out the Particulars of Claim from the claim form pls.

So, first steps (within 14 days of receiving the claim)

1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
You'll need your claim reference and password from the front of the claim form

2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )
This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely)

[FlamingParrot]

Re: SD set aside now threat of ccj

Hi everyone, some interesting reading on here!  But I can't seem to find an answer to my problem with lowells. I won a set aside of a SD last year due to no cca and the account in dispute. Iv heard nothing from the low life's until now Iv had court papers threatening ccj? Can they do this? Any advice would be greatly appreciated. Thank you

Hi and welcome

If you've got court papers, that's not just a threat, you need to acknowledge service of them within 14 days, which you can normally do online. When you do, tick the box that says you intend to defend the whole claim. :thumb:

Lowell seem to be doing that now, there's been a couple of others:
http://www.legalbeagles.info/forums/...424#post497424
http://www.legalbeagles.info/forums/...977#post495977

In the cases above, the SDs were dealt with by Kate, did she also deal with yours?

Can you give us a few more details about the SD/set aside and the account they are taking you to court for?

Can you type up the particulars of claim? :typing:

[Milleniummug]

Re: SD set aside now threat of ccj

Hi and thank you for your replies�� Iv acknowledged service now. The account was a home shopping direct account and it totals just over 6k including court and solicitor costs. They haven't contacted me at all since the SD was set aside. Ian bates of quality solicitors dealt with the SD whom I found from 'Ask Nigel, website. I'l type up the particulars of claim. I really appreciate any help I can get.

[Milleniummug]

Re: SD set aside now threat of ccj

So I need to CCA request again? Even though i'v requested this time and time again and they have never complied? Il get onto that this eve. Thank you so much

[FlamingParrot]

Re: SD set aside now threat of ccj

So I need to CCA request again? Even though i'v requested this time and time again and they have never complied? Il get onto that this eve. Thank you so much

You are allowed to send a CCA request as long as you haven't sent one in the last 30 days. What home shopping account was this? Very? Shop Direct? Most of those companies didn't require people to sign an agreement before sending out the goods, so they wouldn't have one to send. This fact can be used in your defence.

Also send the CPR request letter Amethyst linked above. :typing:

[Milleniummug]

Re: SD set aside now threat of ccj

Particulars of claim
the claimant's claim is for the sum of 6,***.** being monies due from the defendant to the claimant under a mail order agreement regulated by the consumer credit act 1974 between the defendant and shop direct financial company limited under account reference****** and assigned to the claimant on**/**/2009 notice of which has been given to the defendant.
the defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with. This claim also includes statutory interest persuant to section 69 of the county courts act 1984 at a rate of 8.00% per annum (a daily rate of 1.05 from the date of the assignment of the agreement to 9/10/2014 being an amount of 702.00

[Milleniummug]

Re: SD set aside now threat of ccj

Hi thank you for your advice. Iv got the cpr letter ready to post tomorrow, do I need to send this recorded delivery?

[FlamingParrot]

Re: SD set aside now threat of ccj

Particulars of claim
the claimant's claim is for the sum of 6,***.** being monies due from the defendant to the claimant under a mail order agreement regulated by the consumer credit act 1974 between the defendant and shop direct financial company limited under account reference****** and assigned to the claimant on**/**/2009 notice of which has been given to the defendant.
the defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with. This claim also includes statutory interest persuant to section 69 of the county courts act 1984 at a rate of 8.00% per annum (a daily rate of 1.05 from the date of the assignment of the agreement to 9/10/2014 being an amount of 702.00

Ah, Shop Direct. We had lots of those a few months ago. Any idea when you opened this account? Would it have been before April 2007 by any chance? ray:

I see they mention both the DN and the notice of assignment loud and clear, so there should be no problem asking for them on the CPR request. :thumb:

[FlamingParrot]

Re: SD set aside now threat of ccj

Hi thank you for your advice. Iv got the cpr letter ready to post tomorrow, do I need to send this recorded delivery?

Yes, do send it recorded delivery so you can track it via the Royal Mail site, otherwise it'll be all too easy for them to claim not to have received anything.

[Milleniummug]

Re: SD set aside now threat of ccj

Hi, yes I know the account is older than 2007, It was approx 2000. CPR posted recorded delivery today.
With the Christmas bank holidays approaching I'm loosing days from my 28 days defence period. Will that mean that BW Legal are allowed more than the 7 days to comply?

[Amethyst]

Re: SD set aside now threat of ccj

The 7 days isn't strict and they never stick to it so don't worry. What's important is what you get by the time you get to file your defence, so just let us know when / if you receive anything.

[Milleniummug]

Re: SD set aside now threat of ccj

Ok thank you Amethyst your opinion is greatly appreciated. CCA and CPR have been signed for so il just carry on reading all of these useful threads. To be honest it's getting quite addictive! Wishing health, wealth and happiness to everyone this Christmas

[Milleniummug]

Re: SD set aside now threat of ccj

Hi, Iv received a letter from lowells in response to my cca request
quote' I would like to assure you that the account will be placed on hold, and we will stop all collections activity whilst dealing with your complaint'
so are they hoping that i won't submit a defence on the grounds of this letter and they will go ahead and get a ccj against me?
I remember receiving a letter like this in the past with the SD.
I've recieved nothing to date from my request under the CPR. Im running out of time now so should I start to put my defence together as I'm unlikely to hear from the claimant? Any advice very welcome