Court Claim - Lowell / Shop Direct - 13-1-2016

**nemesis45** · 15th January 2016, 19:28:PM

Re: Court Claim - Lowell / Shop Direct - 13-1-2016

Originally posted by DreamX View Post

Received a claim? Yes
Issue Date: 13-1-2016
Amount approx:
Claimant: Lowell
Solicitor: Lowell Solicitors Limited
Original Credit: Shop Direct

Particulars of Claim:
The defendant entered into a consumer credit act 1974 regulated agreement with shop direct and the defendant failed to maintain payments.

The agreement was later assigned to the claimant on 16/05/2014 and notice given to the defendant.

Despite repeated requests the sum still remains due and outstanding.

Stat Barred? No

Have sent: Acknowledged the Claim

Other Info:
I recognise the debt but do not know if the amount is correct and I have not been sent any information from them.

Good evening, welcome to LB.

Things to do:

1. A CCA request for the agreement relevant to the debt which is the subject of the claim.
This goes direct to Lowell at the address on the claim form, there is a £1 statutory fee to pay,
use a Postal Order endorsed " For Statutory Fee Only" . Lowell has 12 + 2 Working Days to comply.

Use the template from the forum library. Send by signed for post.

2. A request under the provisions of Civil Procedure Rule 31.14 (CPR) (no Fee ) for the documents mentioned
in the statement of claim. In this case the " regulated agreement " & the Notice of Assignment

This goes to the solicitors by signed for post. A nominal 7 day timescale applies.
Could give us some more detailed history of the debt please.

nem

**DreamX** · 16th January 2016, 12:05:PM

Re: Court Claim - Lowell / Shop Direct - 13-1-2016

Originally posted by nemesis45 View Post

Good evening, welcome to LB.

Things to do:

1. A CCA request for the agreement relevant to the debt which is the subject of the claim.
This goes direct to Lowell at the address on the claim form, there is a £1 statutory fee to pay,
use a Postal Order endorsed " For Statutory Fee Only" . Lowell has 12 + 2 Working Days to comply.

Use the template from the forum library. Send by signed for post.

2. A request under the provisions of Civil Procedure Rule 31.14 (CPR) (no Fee ) for the documents mentioned
in the statement of claim. In this case the " regulated agreement " & the Notice of Assignment

This goes to the solicitors by signed for post. A nominal 7 day timescale applies.
Could give us some more detailed history of the debt please.

nem

Hi there,

Thank you for the welcome and advice...I will follow the above and update the thread as I go along...

As for the history, the payments became to much for me as other debts stacked up and I became unable to pay any of them around 2012. I slowly worked around paying priority debts first. The original catalogues I owed money too merged at some point and I lost track of what was owed or if the amount they were asking for was correct. The debts bounced around between various dca's and I didn't hear anything for a long while until we moved house recently.

**DreamX** · 3rd February 2016, 20:39:PM

Re: Court Claim - Lowell / Shop Direct - 13-1-2016

Hi again guys,

So I received the first letter which was from Lowell solicitors... it stated that my request for documents has been forwarded to the client but it is unlikely to be within the 7 day deadline. I guess this is the usual default letter they send out?

I haven't yet received anything from Lowell themselves regarding the CCA request...they received both requests on the 19/01/2016. Is it normal for them to leave it this long?

Regards

**DreamX** · 5th February 2016, 12:11:PM

Re: Court Claim - Lowell / Shop Direct - 13-1-2016

Hi guys....still no CCA from Lowell.....what should I do next???

**icrina53** · 6th February 2016, 10:22:AM

Re: Court Claim - Lowell / Shop Direct - 13-1-2016

Originally posted by DreamX View Post

Hi guys....still no CCA from Lowell.....what should I do next???

Presuming you acknoledged the claim online , you need to file your defence by the 15th of Feb.
There's loads of templates on here to help you with that . They have 12 days to respond to your CCA , if they haven't then they failed to comply with your request therefore the debt in unenforcable without an agreement .There is no penalty for not complying with the CPR request .

**DreamX** · 8th February 2016, 10:30:AM

Re: Court Claim - Lowell / Shop Direct - 13-1-2016

Originally posted by icrina53 View Post

Presuming you acknoledged the claim online , you need to file your defence by the 15th of Feb.
There's loads of templates on here to help you with that . They have 12 days to respond to your CCA , if they haven't then they failed to comply with your request therefore the debt in unenforcable without an agreement .There is no penalty for not complying with the CPR request .

Thanks for the reply....so I don't need to send them another letter asking for an extension as they haven't provided the documents?

**icrina53** · 8th February 2016, 11:23:AM

Re: Court Claim - Lowell / Shop Direct - 13-1-2016

No don't , you usually receive an extension for the CPR request but if you haven't heard anything from the CCA don't chase it up and just file your defence as normal , it works in your favour not having a reply .

**nemesis45** · 8th February 2016, 12:17:PM

Re: Court Claim - Lowell / Shop Direct - 13-1-2016

Originally posted by icrina53 View Post

No don't , you usually receive an extension for the CPR request but if you haven't heard anything from the CCA don't chase it up and just file your defence as normal , it works in your favour not having a reply .

Each debt purchaser and their solicitors has a different approach to CPR 31.14 requests for inspection of documents.
Some such a Mortimer Clarke ( Part of the Cabot group ) will apply an extensions in Some cases.

It is Not automatic ( Lowell Solicitors are really an unknown quantity as yet) so do Not assume an extension is
or will be agreed, if you need more time you will have to ask for it.

nem

**DreamX** · 10th February 2016, 13:40:PM

Re: Court Claim - Lowell / Shop Direct - 13-1-2016

Thanks for the replies guys!

I have now filed my defence so lets see what happens!

**charitynjw** · 10th February 2016, 13:51:PM

Re: Court Claim - Lowell / Shop Direct - 13-1-2016

Originally posted by icrina53 View Post

Presuming you acknoledged the claim online , you need to file your defence by the 15th of Feb.
There's loads of templates on here to help you with that . They have 12 days to respond to your CCA , if they haven't then they failed to comply with your request therefore the debt in unenforcable without an agreement until such time as they can dig one out from somewhere & send it to you .There is no penalty for not complying with the CPR request .

Small addition to your post if I may, icrina.

**DreamX** · 22nd March 2016, 13:42:PM

Re: Court Claim - Lowell / Shop Direct - 13-1-2016

Hi again guys...

My N180 arrived recently so I have filled it all in and sent it off today...I will keep the thread updated.

Thanks

**DreamX** · 18th July 2016, 09:06:AM

Re: Court Claim - Lowell / Shop Direct - 13-1-2016

Hi again guys...

Long time no update...

So the court date is set for this Friday (22/07/16) the issue is we moved house just over a month ago...we have just recently managed to change the address over for the courts but I'm not sure if lowell would have sent anything over to the old address.

After speaking to the courts they say they haven't heard anything from lowell since may? I'm panicking now....what should I do?

Thanks

**MIKE770** · 18th July 2016, 09:13:AM

Re: Court Claim - Lowell / Shop Direct - 13-1-2016

court says they have heard nothing - then contact the court in couple of days to check any update if you have heard nothing, they may/discontinue at the last moment (they hope you cave in =their underhand tactics at times), but check with the courts as the courts paper work is days behind some times. other will comment also so keep looking on here!

**nemesis45** · 18th July 2016, 09:18:AM

Re: Court Claim - Lowell / Shop Direct - 13-1-2016

Originally posted by DreamX View Post

Hi again guys...

Long time no update...

So the court date is set for this Friday (22/07/16) the issue is we moved house just over a month ago...we have just recently managed to change the address over for the courts but I'm not sure if lowell would have sent anything over to the old address.

After speaking to the courts they say they haven't heard anything from lowell since may? I'm panicking now....what should I do?

Thanks

Hello DreamX

Still no CCA request compliance? or CPR?

As this is being handled by Lowell solicitors who have shown total incompetence in a growing number of claims you would be wise to check with the court just before the end of the court "day" 1600hrs. LS has been seen to take matters right to the wire or actually fail to appear then seeking relief from sanctions put in place because or their non compliance with the court process.

nem

Court Claim - Lowell / Shop Direct - 13-1-2016