Court Claim - lowell / home retail group - 1-7-2015

[teeder]

Received a claim? Yes
Issue Date: 1-7-2015
Amount approx: £1179.23
Claimant: lowell
Solicitor: bryan carter
Original Credit: home retail group

Particulars of Claim:
claim for the sum of £954.72 being monies due from the defendant to the claimant under an agreement regulated by the consumer credit act 1974 between the defendant and the home retail group under account reference XXXXXXXXXXXXXXX and assigned to the claimant on 09/07/2014 notice of which has been given to the defendant the defendant failed to maintain contractual repayment under the terms of the agreement and a default notice was served which has not been complied with and the claimant claims £954.72 he then goes on to say he claims statutory interest cannot answer what the debt is because I don't know who the home retail group are

Stat Barred?

Have sent:

Other Info:
I haven't done any of the above yet as this has come out of the blue and I have no idea what it is or how to go about finding out .The only debt I can think of as home retail group is with argos but this was over 10 years ago so any help would be much appreciated .Do I need to send the acknowledgment of service to give me more time to prepare the defence

[jon1965]

Re: Court Claim - lowell / home retail group - 1-7-2015

Hi
Yes get the acknowledgement of service in ASAP , here is a guide about what you need to do

Firstly, don't panic.

Secondly, many of these Consumer Credit debt based Court Claims are issued through the County Court Business Centre and are rather lacking in detail and information. The are often claims bought by debt purchasers who don't have the paperwork to back them up to hand and who wing it on the hope that they obtain a default judgment.

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 - this will extend the time you have to respond to the claim to 28 days from when you received it

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)

If you are unsure of any of those steps then please make a new thread on the forum (you must be registered to do this)

Once those letters have been sent off you should make a new thread on the forum (you must be registered to do this) and make a post titled the claimants name v your username, and containing the date of issue from your claim form, date of service (ie when you received the claim form), type out the Particulars of Claim (exclude account numbers) and tell us the approx amount of the claim. Also tell us any specific disputes or background to the claim you may have. If you know please also tell us the last time you made a payment towards the debt or acknowledged the debt in writing, and confirm you have acknowledged the claim, and what letters you have sent off.
OR
If you received a court claim and want to start a new thread in this forum please complete this form . Thank you.


And people here will help guide you through the next steps.

NOTE: The defence date is 28 days from service (ie when you received the claim) or 33 days (which allows 5 days for service) from the issue date printed on the front of the claim form.

Just a cautionary note when calculating times, unless it tells you somewhere differently, the date printed on the claim form is Day 1
so issue date 1st July claim to be acknowledged by 19th and defence entered by 2nd August ,

[jon1965]

Re: Court Claim - lowell / home retail group - 1-7-2015

Home retail group are indeed Argos

[teeder]

Re: Court Claim - lowell / home retail group - 1-7-2015

Thanks for the reply I have now been online and completed the acknowledgment of service form The only thing on the form regarding time allowed says the day of service is taken as 5 days after the issue date . I will now send the CCA and CPR LETTERS

[jon1965]

Re: Court Claim - lowell / home retail group - 1-7-2015

No problem, just come back when you have a reply or ANY questions

[teeder]

Re: Court Claim - lowell / home retail group - 1-7-2015

No problem, just come back when you have a reply or ANY questions

Hi Jon1965
Have just been on noodles to check my history for the claim It says account started in 2004 default 22/08/2010. however unlike all my other files it wont give me any history of monthly payments apart from January 2015 to date. .Is there any way I can check this default date is correct given that I have found letters from dlc dated 15th December 2010 giving outstanding balance at the same amount Lowells are claiming yet it says the default balance was £861

[nemesis45]

Re: Court Claim - lowell / home retail group - 1-7-2015

Hi Jon1965
Have just been on noodles to check my history for the claim It says account started in 2004 default 22/08/2010. however unlike all my other files it wont give me any history of monthly payments apart from January 2015 to date. .Is there any way I can check this default date is correct given that I have found letters from dlc dated 15th December 2010 giving outstanding balance at the same amount Lowells are claiming yet it says the default balance was £861

Default balance is different from the final amount outstanding and if the amount which had to be paid
to put the account back into " normal " status as per the Default Notice.

nem

[teeder]

Re: Court Claim - lowell / home retail group - 1-7-2015

Default balance is different from the final amount outstanding and if the amount which had to be paid
to put the account back into " normal " status as per the Default Notice.

nem

I appreciate what youre saying nem any idea as to why the only file on noodles which wont give me previous years history is the lowells one.

[jon1965]

Re: Court Claim - lowell / home retail group - 1-7-2015

Hi teeder
If you look at your credit file and go into closed accounts you might find one from dlc that says satisfied with the default date, this should and I would think will be the same as the default date shown by lowells
As for the balance, the default balance is as said the balance at the time of default but the present balance may be different depending on if you have paid any money off or such like. Also remember that Noddle is sometimes a little bit behind the others hence the missing history. If you have never tried them you could get a free trial of credit reports from experian and equifax but remember to cancel them once you have the report

- - - Updated - - -

Default balance is different from the final amount outstanding and if the amount which had to be paid
to put the account back into " normal " status as per the Default Notice.

nem

Nemisis
That isn't quite correct , the default balance is the balance at default and not the balance needed to put the account back in order

[nemesis45]

Re: Court Claim - lowell / home retail group - 1-7-2015

I appreciate what youre saying nem any idea as to why the only file on noodles which wont give me previous years history is the lowells one.

It depends much on the data that is supplied by the data controller to the CRA's Noddle is an off shoot of Call Credit the lesser used
of the 3 main agencies and may not hold the data.
My guess is it's just not been reported.

nem

[FlamingParrot]

Re: Court Claim - lowell / home retail group - 1-7-2015

Nemisis
That isn't quite correct , the default balance is the balance at default and not the balance needed to put the account back in order

There is often a misunderstanding with regards to defaults and default notices because both relate to the same thing but in a different way. A default notice issued under s.87 of the CCA should only ask for the amount in arrears at the time of issue and not for the full amount outstanding on the account, as to remedy the breach one would only need to pay the arrears. That would be the amount needed to put the account back in order, while the default balance would be the full outstanding amount -the default would be recorded if you fail to comply with the DN and put the account back in order, i.e. the full amount would become payable. :thumb:

[teeder]

Re: Court Claim - lowell / home retail group - 1-7-2015

No problem, just come back when you have a reply or ANY questions

Hi Jon1965 cca and cpr letters sent recorded delivery bryan carter has signed for his but so far nothing from lowell. Anyway trying to get ahead of the game am I right in thinking after reading other similar cases Mr Carter Now plays mind games without sending any of the evidence he is going to use in court and Lowell also fail to respond .If that is the case can they still proceed to court without disclosing any evidence prior to the court case

[FlamingParrot]

Re: Court Claim - lowell / home retail group - 1-7-2015

Hi Jon1965 cca and cpr letters sent recorded delivery bryan carter has signed for his but so far nothing from lowell. Anyway trying to get ahead of the game am I right in thinking after reading other similar cases Mr Carter Now plays mind games without sending any of the evidence he is going to use in court and Lowell also fail to respond .If that is the case can they still proceed to court without disclosing any evidence prior to the court case

They can proceed up to a certain point but once your defence is submitted and the claim is allocated, the court will require Mr Carter to provide the documents at least 14 days before the hearing, that's when he may have to give up the ghost if his clients were not able to obtain any documents. ray:
https://www.justice.gov.uk/courts/pr...l/rules/part27

(2) The court will –
(a) give the parties at least 21 days’ notice of the date fixed for the final hearing, unless the parties agree to accept less notice; and
(b) inform them of the amount of time allowed for the final hearing.
(3) In this rule –
(a) ‘standard directions’ means –
(i) a direction that each party shall, at least 14 days before the date fixed for the final hearing, file and serve on every other party copies of all documents (including any expert’s report) on which he intends to rely at the hearing; and

[teeder]

Re: Court Claim - lowell / home retail group - 1-7-2015

They can proceed up to a certain point but once your defence is submitted and the claim is allocated, the court will require Mr Carter to provide the documents at least 14 days before the hearing, that's when he may have to give up the ghost if his clients were not able to obtain any documents. ray:
https://www.justice.gov.uk/courts/pr...l/rules/part27

Hi There Flaming Parrot

I would now welcome some help with my defence as mentioned above all letters and follow up letters have been sent recorded delivery and been received by both lowell and Bryan Carter. As of yet neither have supplied any documentation asked for. I Have checked my credit file on Equifax and it shows that the amount being claimed by Lowells is a credit card which was started in 2004 .It shows a default notice was served in august 2010 it shows no payments have been made on the account but it only goes back to January 2010. It dosent tell me who the original creditor was So basically I am unsure who the original creditor is although someone earlier suggested home retail could be argos. Im also unsure if the debt if it is indeed mine is statue barred. Can you tell me if I can use both statue barred as my defence as well as unenforceable due to non supply of docs and have you a template to set it all out so I don't shoot myself in the foot Then clock is ticking on me know so I would appreciate some help asap many thanks Teeder

[nemesis45]

Re: Court Claim - lowell / home retail group - 1-7-2015

Hi There Flaming Parrot

I would now welcome some help with my defence as mentioned above all letters and follow up letters have been sent recorded delivery and been received by both lowell and Bryan Carter. As of yet neither have supplied any documentation asked for. I Have checked my credit file on Equifax and it shows that the amount being claimed by Lowells is a credit card which was started in 2004 .It shows a default notice was served in august 2010 it shows no payments have been made on the account but it only goes back to January 2010. It dosent tell me who the original creditor was So basically I am unsure who the original creditor is although someone earlier suggested home retail could be argos. Im also unsure if the debt if it is indeed mine is statue barred. Can you tell me if I can use both statue barred as my defence as well as unenforceable due to non supply of docs and have you a template to set it all out so I don't shoot myself in the foot Then clock is ticking on me know so I would appreciate some help asap many thanks Teeder

Good morning,
For clarification please.

1. Have you received the agreement yet?

2. Have you had a response to the CPR 31.41 request.

3. You say a default notice was served in 2010, a DN is not a default, does your credit file have a red D showing.

4. What is the default date?

5. Statute barred in England & Wales = 6 clear years no payments ( to any party) and no unequivocal written acknowledgment of the debt.

The 6 year clock for a store card starts when a contractual payment was due and not made, after which no further payment or written acknowledgement was ever made.

If can just answer the points above we can assist with your defence ( dates as accurate as possible please)

nem