Court Claim - Lowell Portfolio / Shop Direct LTD - 11-2-2015

[wanters]

Re: Court Claim - Lowell Portfolio / Shop Direct LTD - 11-2-2015

Thanks Nemesis.

Do you think it's ok to email it? And do I have to send a copy to BC?

[nemesis45]

Re: Court Claim - Lowell Portfolio / Shop Direct LTD - 11-2-2015

Just to the court, signed for post e-mails are not always dealt with immediately.

nem

[wanters]

Re: Court Claim - Lowell Portfolio / Shop Direct LTD - 11-2-2015

Hi,

Just got off the phone making my appointment for mediation. If I wanted to request information on payment history and the final balance before going to them? The debt now is higher than the original debt when it was taken out.

What should I expect in mediation? I'll have a quick look round the site now see if there are any guides, I'm so anxious about this but it's better than face to face at least.

[wanters]

Re: Court Claim - Lowell Portfolio / Shop Direct LTD - 11-2-2015

Hi again,

So we both agreed to mediation, however got a letter from them the other week saying that an apointment that suited both of us could be made so they have said it can't be done. I've today got documents from my local courts for a hearing on 01/09/2015. I feel sick.

I also yesterday recieved a copy of my electronic CCA (dated 04/02/2010) from Bryan Carters and a basic statement.

Statement says account was opened 07/11/2009 (before my CCA was agreed?)
Last payment - 14/09/2010
Default date - 22/02/2011

The original credit was for £329.00
Interest - £124.94
Charges - £240.00
Total - £693.94

Payments - £153.00 (although statement shows I've paid £193.00)
Discounts - £55.35
Total - £208.35

Remaining balance - £485.59

[wanters]

Re: Court Claim - Lowell Portfolio / Shop Direct LTD - 11-2-2015

As an aside, can I not claim those charges back like you can with bank charges? Or get them knocked off? Using the MSE calculator as a guide it's saying around £331.10 could be claimed including interest.

[FlamingParrot]

Re: Court Claim - Lowell Portfolio / Shop Direct LTD - 11-2-2015

Hi again,

So we both agreed to mediation, however got a letter from them the other week saying that an apointment that suited both of us could be made so they have said it can't be done. I've today got documents from my local courts for a hearing on 01/09/2015. I feel sick.

I also yesterday recieved a copy of my electronic CCA (dated 04/02/2010) from Bryan Carters and a basic statement.

Statement says account was opened 07/11/2009 (before my CCA was agreed?)
Last payment - 14/09/2010
Default date - 22/02/2011

The original credit was for £329.00
Interest - £124.94
Charges - £240.00
Total - £693.94

Payments - £153.00 (although statement shows I've paid £193.00)
Discounts - £55.35
Total - £208.35

Remaining balance - £485.59

I assume you applied for the account online and the CCA would be just a computer printout as you'd have agreed to the terms with a tick box. Is February 2010 the correct date when you opened the account?

Being such a recent account and an internet application, we may struggle to argue against the enforceability of the account. As you say above, the amount of charges is substantial, so you may want to consider a full & final settlement for a reduced amount that takes into account the amount of charges. Do you think you would be in a position to offer a lump sum?

[wanters]

Re: Court Claim - Lowell Portfolio / Shop Direct LTD - 11-2-2015

I checked last night after my post, I tracked the sale through Quidco and it was indeed online in Feb 2010.

In terms of a lump sum, I'm not sure to be honest, what would be an approprate amount to offer for a settlement? Apparently it will cost them £80 to file the paperwork so I'd expect they'd hope not to want to waste more time or money over it.

[FlamingParrot]

Re: Court Claim - Lowell Portfolio / Shop Direct LTD - 11-2-2015

I checked last night after my post, I tracked the sale through Quidco and it was indeed online in Feb 2010.

In terms of a lump sum, I'm not sure to be honest, what would be an approprate amount to offer for a settlement? Apparently it will cost them £80 to file the paperwork so I'd expect they'd hope not to want to waste more time or money over it.

Probably the amount outstanding minus the charges to start with?

What happened with mediation? It wasn't very clear from posts above whether it took place or not or it has yet to take place.

[wanters]

Re: Court Claim - Lowell Portfolio / Shop Direct LTD - 11-2-2015

They sent me a letter to say a day couldn't be reached that we could both mutually attend before the deadline so couldn't go ahead.

To be honest no, I wouldn't be able to look at paying it off in one go.

[FlamingParrot]

Re: Court Claim - Lowell Portfolio / Shop Direct LTD - 11-2-2015

You may want to look at a Tomlin order as a way to agree an affordable repayment schedule and avoid a CCJ on record, however, they would probably be more agreeable to a reduced settlement if you were able to offer it as a lump sum.

[wanters]

Re: Court Claim - Lowell Portfolio / Shop Direct LTD - 11-2-2015

You may want to look at a Tomlin order as a way to agree an affordable repayment schedule and avoid a CCJ on record, however, they would probably be more agreeable to a reduced settlement if you were able to offer it as a lump sum.

Yeah id really like to avoid the CCJ, how would I go about that? Contact (Email? I get nervous on the phone, much better when i can write things down) them direct or does this still have to go via the courts?

[FlamingParrot]

Re: Court Claim - Lowell Portfolio / Shop Direct LTD - 11-2-2015

Yeah id really like to avoid the CCJ, how would I go about that? Contact (Email? I get nervous on the phone, much better when i can write things down) them direct or does this still have to go via the courts?

We are looking at two options here, a lump sum (reduced) offer in full and final settlement OR a Tomlin order which stays proceedings as long as you keep to the terms of the order, i.e. the agreed monthly instalment. It all depends on your circumstances and which way you want to go.

The Tomlin order would very likely have to be for the full amount claimed to be paid in affordable instalments which, for them, would be much the same as having judgment, i.e. you would end up paying in full but it would take time for them to get their hands on the money.

[wanters]

Re: Court Claim - Lowell Portfolio / Shop Direct LTD - 11-2-2015

Hiya! Long time no see.

I'm a bit confused. I've just found a letter that the other half has dropped down the side of the sofa from 30th Sept, it's a letter from Bryan Carter saying they're issuing a Notice of Discontinuance... I'm trying not to get excited, but does that mean they're not chasing it any more or something else?

It says

To the court,

The claimant discontinues all of this claim.

[Kati]

Re: Court Claim - Lowell Portfolio / Shop Direct LTD - 11-2-2015

Hiya! Long time no see.

I'm a bit confused. I've just found a letter that the other half has dropped down the side of the sofa from 30th Sept, it's a letter from Bryan Carter saying they're issuing a Notice of Discontinuance... I'm trying not to get excited, but does that mean they're not chasing it any more or something else?

It says

To the court,

The claimant discontinues all of this claim.

can you post up a redacted copy of it??

[FlamingParrot]

Re: Court Claim - Lowell Portfolio / Shop Direct LTD - 11-2-2015

Hiya! Long time no see.

I'm a bit confused. I've just found a letter that the other half has dropped down the side of the sofa from 30th Sept, it's a letter from Bryan Carter saying they're issuing a Notice of Discontinuance... I'm trying not to get excited, but does that mean they're not chasing it any more or something else?

It says

To the court,

The claimant discontinues all of this claim.

WOW! That was some find behind the sofa! :whoo: Usually you just find coppers! :lol:

You may want to give the court a call on Monday to make sure they have received their copy and updated your records, however, for now I think it may be suitable to play our official anthem.