Bcs claim form, lowell/shop direct

[jojo03]

Hi all,

I'd really appreciate your guidance if you don't mind.

I have received a claim form from Northampton CC Business centre dated 29/04/2015. The debt should be statute barred and the goods were never received by me.
Long story short, my mum hijacked the account (with permission) but never paid for anything she ordered.
The debt was £638.74 and they are claiming a further £60.00 in court fees and £70.00 in solicitors costs.
The debt/case was opened on 17th Feb 2007 and absolutely no payments have been made.
Because this is SB, do I still need to send the CPA/CPR letters? Or can I just use that as my defence and get it submitted?
I am guessing that I should send the letters anyway?

Thanks!

[Amethyst]

Re: Bcs claim form, lowell/shop direct

Yes I would still acknowledge the claim and send your CPR and CCA letters intially, I'd also inform the solicitors that you consider this to be statute barred at this stage.

The CPR and CCA letters will give you a fall back if there is something which kyboshes the stat barred argument.

[jojo03]

Re: Bcs claim form, lowell/shop direct

Ok great, thank you.
I keep getting errors when trying to acknowledge online so I am going to use the postal route.
I will get a letter sent off to BCS to advise them that it is statute barred- hopefully I can find a template somewhere as I don't have time to think right now :tinysmile_grin_t:

[jojo03]

Re: Bcs claim form, lowell/shop direct

Should I send the CPR and SB letters together?

[jojo03]

Re: Bcs claim form, lowell/shop direct

Ok so I posted off the claim form this morning (acknowledged, denied the claim in full).
Tomorrow I plan to send the CCA to Lowell and the CPR and SB letter to BC.
Does it make better sense to send just 1 letter to BC reminding them that it is SB and add the cpr request to it? At the moment I have two separate letters.
Also, am I to send recorded delivery?

[jojo03]

Re: Bcs claim form, lowell/shop direct

Wouldn't sending a SB letter suggest I am aware of the claim particulars and have evidence of when the case was opened by the claimant, therefore acknowledging the debt?

[jojo03]

Re: Bcs claim form, lowell/shop direct

Ok so Saturday I sent all 3 letters off, the CCA to Lowell with £1 postal order and the CPR and SB letter to Bryan Carter. I sent them all first class recorded so they should get there tomorrow. Hope I did everything right!

[jojo03]

Re: Bcs claim form, lowell/shop direct

Friday I received two letters back from Bryan Carter. One was the letter where they say they don't need to send me any documents as its likely to be put through the small claims track and another in response to the debt being SB.
In the SB letter they have said that they believe the time starts from when the debt was passed on to their client (Lowell) in 2011 and therefore its not SB.
Is that right? Considering I have never acknowledged the debt to anyone, not shop direct, or any debt collection agencies this may have bee passed to before it reached Lowell? My credit file clearly shows that the case was opened in 2006.
What do I do now? Appreciate your help! :-)

[jojo03]

Re: Bcs claim form, lowell/shop direct

I've just worked out that my defence needs to be filed by 1st June... that's coming around very fast!! Have checked out other threads and come across the template letter in response to their small claims track letter. Shall I request they provide a copy of the default notice so I can check the SB status or something?
Your soonest reply will be appreciated, I would like to get this sent off today or tomorrow so I hear back from them before the end of next week.
Thank you!

[nemesis45]

Re: Bcs claim form, lowell/shop direct

Sounds like a load of old bowlocks,

The Limitation period cannot apply from the date Lowell acquired the debt.

Please post a copy of that letter here, remove your name / address/account numbers etc.

What is the default date on the credit file?

nem

[jojo03]

Re: Bcs claim form, lowell/shop direct

Hi Nem, Thank you for your reply. I don't have the letters here with me at the moment (left them home this morning).

It does sound like they are trying it on, I have looked at the limitation act just now and seen that it starts from the date on which the cause of action accrued- which I presume is when the debt became overdue which would have been in 2007.

My credit file shows the claim was opened with Lowell on 17 Dec '07 with an initial balance of £528. They are now claiming £819.84 with court/solicitors costs.

Would you suggest I add to the template letter and request they refer to the limitation act regarding the SB status and request proof? Something like the following;

'Futhermore, regarding your response suggesting that this debt is not statute barred, I refer you to chapter 85 of the 1980 Limitation Act;

5 Time limit for actions founded on simple contract.

An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.

I request that you provide me with proof of the date on which the cause of action accrued. This should be included in the documents I have asked for in my CPR 31.14 request.'

Thank you for your help! :-)

- - - Updated - - -

oooooh cr*p (excuse my language).....
I have just seen the following;
Status:
Defaulted on 31 Jan '11 with a default balance of £528


So even though Lowell took on the debt in 2007, and I never ever acknowledged this debt or made payment does the limitation start from the date of default?

[jojo03]

Re: Bcs claim form, lowell/shop direct

Jan'11 is ringing a bell with the letter they sent me, I think that is the date they have put on the letter so they probably have said that it starts from when it was defaulted? I will be able to confirm later :-)
Besides, they probably wont have the docs anyway.... hopefully!!

[jojo03]

Re: Bcs claim form, lowell/shop direct

My understanding of the limitation act, is that the date the cause of action accrues is the date of which the contract was breached- meaning the date I failed to make payment. Is that correct? If so, I made no payments and they were due in 2007. Should I make this clear in my letter? Thanks again :-)

[nemesis45]

Re: Bcs claim form, lowell/shop direct

This is a simple contract, so the 6 year clock started one month after the last payment was made after which no further payments or written acknowledgment of the debt were made.

If Lowell are claim that the default date started the clock on this they are imo wrong.

I guess they are referring to an Appeal Court Judgement in BMW Finance - v - Hart which was in relation to an Hire Purchase account.
Not applicable to a catalogue debt.

nem

[jojo03]

Re: Bcs claim form, lowell/shop direct

This is what I have written- obviously I am not legally trained and probably got a good chance of getting myself into trouble so I you don't mind looking over it for me and letting me know if it is ok or if I should change it? I'd really appreciate it :-)

*Me
My address
Postcode

18/05/2015

Bryan Carter Solicitors LLP
11 De Havilland Drive
Weybridge
Surrey
KT13 0YP


Dear Sirs,

Claim No: BXXXXXX
Lowell Portfolio v *me

Request for documents mentioned in a statement of case under CPR 31.14

Thank you for your response to my request for disclosure of documents mentioned in your statement of case under CPR 31.14.

With regards to your assertion that ''we confirm this matter will most properly be allocated to the small claim track as this is a simple contractual matter and part 31 of the civil procedure rules will therefore not apply.'' I am afraid I must disagree, the case has not been allocated to a track for determination and as a consequence the provisions of CPR 27(2) have no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise.

I am unable to lodge my defence and/or counterclaim at this moment as I have no information regarding the alleged debt. If you require more time in which to comply with this request you must tell me in writing and state a date by when you will comply with this request. In addition I require a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

If you are unwilling to comply with my request for specific disclosure please inform me and I will consider entering an application to the court to obtain such.

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.



Futhermore, regarding your response suggesting that this debt is not statute barred, I refer you to chapter 85 of the 1980 Limitation Act;

5 Time limit for actions founded on simple contract.

An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.

I request that you provide me with proof of the date on which the cause of action accrued.

My credit file clearly shows that the debt was assigned to the claimant on 17^th December 2007. I believe that the date that you have stated in the particulars of the claim regarding the date the debt was assigned to the claimant (‘10/02/2011’) is incorrect. I understand the time limitation starts from when the payment was due, or when the alleged agreement was breached. Therefore, I believe the date you have given in your response to my letter is also incorrect and by law you are required to give me a truthful answer.

I look forward to hearing from you within the next 7 days.

Yours sincerely,
*me

- - - Updated - - -

This is a simple contract, so the 6 year clock started one month after the last payment was made after which no further payments or written acknowledgment of the debt were made.

If Lowell are claim that the default date started the clock on this they are imo wrong.

I guess they are referring to an Appeal Court Judgement in BMW Finance - v - Hart which was in relation to an Hire Purchase account.
Not applicable to a catalogue debt.

nem

It is a shop direct catalogue debt :-)