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received a court claim for lowell from simply be catalogue I have a lot of letter pro

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  • received a court claim for lowell from simply be catalogue I have a lot of letter pro

    received a court claim for lowell from simply be catalogue I have a lot of letters proving they
    have added a lot more interest /charges my letters say 265 they say 450 when i was unemployed and at one point
    on a suspended order to repossess my house between 2008 and 2011 and i was also with CAB Saxon to get me back on track.
    I finally won a tribunal and used the money to pay them back but only when all money was gone from the tribunal I thought I paid most of my debtors back but i may have missed this one out. The job i took also know pays a lot less so i would struggle paying it back in one lump but i dispute the figure. They say it is under the consumer credit act 1974 not sure what that means.
    Help please very much appreciated
    Tags: None

  • #2
    Re: received a court claim for lowell from simply be catalogue I have a lot of letter

    Can you type up the exact particulars of claim from the form?

    Comment


    • #3
      Re: received a court claim for lowell from simply be catalogue I have a lot of letter

      Originally posted by halsaps View Post
      received a court claim for lowell from simply be catalogue I have a lot of letters proving they
      have added a lot more interest /charges my letters say 265 they say 450 when i was unemployed and at one point
      Once they've issued a claim you need to start by acknowledging service and ticking the box that says you intend to defend the whole claim. You should be able to do the whole thing online using the P/W provided on the claim, see here for full instructions: http://www.legalbeagles.info/forums/...313#post499313

      Below are the first steps to take upon receipt of a claim:

      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 )
      You will need to send the letters linked to above requesting documents. Knowing this dynamic duo, they won't be able to supply you with anything.
      Originally posted by halsaps View Post
      on a suspended order to repossess my house between 2008 and 2011 and i was also with CAB Saxon to get me back on track.
      I finally won a tribunal and used the money to pay them back but only when all money was gone from the tribunal I thought I paid most of my debtors back but i may have missed this one out. The job i took also know pays a lot less so i would struggle paying it back in one lump but i dispute the figure.
      There is no need to even consider paying it back in one lump sum at this stage, you will be asking them for documents they would rely on in court if it went that far. A lot of those catalogue companies didn't even use to ask people to sign an agreement before sending out the goods, so there wouldn't be one to start with. Do you remember when you set up this account? Presumably it was before 2008.

      Originally posted by halsaps View Post
      rThey say it is under the consumer credit act 1974 not sure what that means.
      Help please very much appreciated
      Most consumer credit such as personal loans, credit cards, HP agreements and catalogue accounts like this one are regulated by the Consumer Credit Act, meaning there are certain requirements that have to be met by the creditor. We can use this fact in your favour, that's why you'll be sending a request for a copy of your credit agreement, i.e. the CCA request, to Lowell. :thumb:

      On the CPR request you can only request documents mentioned in the particulars of claim, so it would be good if you could type them up as per post above. :typing:

      Comment


      • #4
        Re: received a court claim for lowell from simply be catalogue I have a lot of letter

        Lowell is very unlikely to take any notice of claims of an ongoing dispute about charges/interest, they have acquired the debt at much discounted price and with an absolute minimum of information and will certainly have no knowledge of any dispute.

        If Lowell cannot find an agreement the debt will be unenforceable via the courts until an agreement is found, but it will still remain live and payable/collectable any other debt collecting process.

        nem

        Comment


        • #5
          Re: received a court claim for lowell from simply be catalogue I have a lot of letter

          There are two issues here
          1) provision of the agreement under a CCA request, if they can not do that , as has been said they can not get a defended ccj but can produce the agreement at any time

          2) If this agreement was entered into prior to 2007 then it needs to be set out in a certain way and if not they could never enforce through a court.


          In either case while it remains unenforceable in court they can still write and request payment, call you , send someone round , register a default . Most of these can be seen off with a few good letters, in addition if it is the cca request the FCA say they must not try and mislead you into believing that it is enforceable in court.

          Lots of facts to check first but the details that Flaming parrot put up are spot on

          Comment


          • #6
            Re: received a court claim for lowell from simply be catalogue I have a lot of letter

            Thanks for all your help i am off tomorrow and will start to sort it out very grateful just what i need when trying to move from neighbours from hell with there 8 kids.

            Comment


            • #7
              Re: received a court claim for lowell from simply be catalogue I have a lot of letter

              this letter from bw came the day after. this shows the wording
              Attached Files
              Last edited by halsaps; 12th August 2015, 06:38:AM. Reason: grammar

              Comment


              • #8
                Re: received a court claim for lowell from simply be catalogue I have a lot of letter

                Good morning,

                The letter is a standard BW Legal template a little late as you already have the claim.

                nem

                Comment


                • #9
                  Re: received a court claim for lowell from simply be catalogue I have a lot of letter

                  Originally posted by halsaps View Post
                  this letter from bw came the day after. this shows the wording
                  Both the letter and the claim are dated the 6th of August. There's hardly any point in sending a letter on the same day as the claim and the letter goes on about getting in touch to arrange repayment. That suggests they are not too confident in being able to back up their claim and succeed, otherwise why ask you to contact them at this stage? :confused2:

                  Comment


                  • #10
                    Re: received a court claim for lowell from simply be catalogue I have a lot of letter

                    Hi Sorry to be a pain do i Start AOS or the Start defence button help please the aos one mentions 28 day bit is it that one

                    Comment


                    • #11
                      Re: received a court claim for lowell from simply be catalogue I have a lot of letter

                      Originally posted by halsaps View Post
                      Hi Sorry to be a pain do i Start AOS or the Start defence button help please the aos one mentions 28 day bit is it that one
                      You need the AoS one, which gives you a total of 28 days to submit your defence.

                      Comment


                      • #12
                        Re: received a court claim for lowell from simply be catalogue I have a lot of letter

                        thanks for that the defense pack password is that something that comes in the post or should i have it already

                        Comment


                        • #13
                          Re: received a court claim for lowell from simply be catalogue I have a lot of letter

                          Originally posted by halsaps View Post
                          thanks for that the defense pack password is that something that comes in the post or should i have it already
                          The P/W is on the claim form, it's the fourth and last bullet under Important Note, right hand side of the claim. :thumb:

                          Comment


                          • #14
                            Re: received a court claim for lowell from simply be catalogue I have a lot of letter

                            Tar these forms just worry me

                            Comment


                            • #15
                              Re: received a court claim for lowell from simply be catalogue I have a lot of letter

                              Originally posted by halsaps View Post
                              Hi Sorry to be a pain do i Start AOS or the Start defence button help please the aos one mentions 28 day bit is it that one
                              AOS first and foremost at this point all is explained on the forms.

                              nem

                              - - - Updated - - -

                              Originally posted by halsaps View Post
                              Hi Sorry to be a pain do i Start AOS or the Start defence button help please the aos one mentions 28 day bit is it that one
                              AOS first and foremost at this point all is explained on the forms.

                              nem

                              - - - Updated - - -

                              Originally posted by halsaps View Post
                              Hi Sorry to be a pain do i Start AOS or the Start defence button help please the aos one mentions 28 day bit is it that one
                              AOS first and foremost at this point all is explained on the forms.

                              nem

                              Comment

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                              SHORTCUTS

                              Pre-Action Letters
                              First Steps
                              Check dates
                              Income/Expenditure
                              Acknowledge Claim
                              CCA Request
                              CPR 31.14 Request
                              Subject Access Request Letter
                              Example Defence
                              Set Aside Application
                              Witness Statements
                              Directions Questionnaire
                              Statute Barred Letter



                              If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





                              NOTE: If you receive a court claim note these dates in your calendar ...
                              Acknowledge Claim - within 14 days from Service

                              Defend Claim - within 28 days from Service (IF you acknowledged in time)

                              If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




                              We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
                              If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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