Court Claim - Lowell / Shop Direct - 10-9-2014

[Jenkins]

Received a claim? Yes
Issue Date: 10-9-2014
Amount approx: £1,600
Claimant: Lowell
Solicitor: Bryan Carter
Original Credit: Shop Direct

Particulars of Claim:
Hi, I confirmed that I would be defending the claim in full (on behalf of my wife). I requested the original signed credit agreement and various other particulars (copy statements etc). They have responded (to the court and copying my wife in) with copy of orders (not statements). They have supplied us with a copy of the credit agreement with my wife's particulars filled in (not her handwriting) and it is unsigned. a hearing date is set for 2nd Feb. Bryan Carter inform us that they won't be attending the hearing and have informed the courts. I will be attending on my wife's behalf and could do with some assistance/advice. Thanks in anticipation.

Stat Barred? No

Have sent: Acknowledged the Claim, Sent a CPR 31.14 request

Other Info:

[nemesis45]

Re: Court Claim - Lowell / Shop Direct - 10-9-2014

Hi Welcome,
Your wife will have to attend the court for this.

What else has been provided with this alleged agreement?

This I think is intended to be a reconstituted agreement which must have ALL the following parts. ( no sig required).

The debtors name and address at inception of the account.
The Ts & Cs at inception and closure of the account.
Any other documents mentioned in the Ts & Cs.
Any material amendments made to the Ts & Cs during the life of the agreement.

Without all of those parts the agreement is not compliant, if this so then:

I suggest that you get a letter off to Carter telling him that the " reconstituted" agreement is not compliant and is therefore rejected and you respectfully suggest that he informs his client and suggest it withdraws the claim in the interest of saving costs and court time.

Can you post a copy of the alleged agreement (suitably redacted here please.

I would also suggest a CCA request to Shop Direct asap.

nem