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Court Claim - Lowell Portfolio I LTD / Shopacheck - 18-01-2016

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  • dbc1702
    started a topic Court Claim - Lowell Portfolio I LTD / Shopacheck - 18-01-2016

    Court Claim - Lowell Portfolio I LTD / Shopacheck - 18-01-2016

    Hi everyone, I tried using the court claim automatic form, but it kept on saying message too short so have manually recreated it here,

    Received a claim? Yes
    Issue Date: 18-1-2016
    Amount approx: under 1000
    Claimant: Lowell Portfolio 1 LTD
    Solicitor: Lowell Solicitors Limited
    Original Credit: Shopacheck

    Particulars of Claim:
    1) The defendant entered into a Consumer Credit Act 1974 regulated agreement with Shopacheck under account reference ******** ("the agreement").

    2) The defendant failed to maintain the required payments and a default notice was served and not complied with.

    3) The agreement was later assigned to the claimant on 2012 and notice given to the defendant.


    4) Despite repeated requests for payment, the sum of *** remains due and outstanding.


    And the claimant claims

    a) The said sum of ***


    b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, acrruing at a daily rate of *** but limited to one year, being ***.


    c) Costs

    Stat Barred? No

    Have sent:

    UPDATED 21.01.2016
    1) Acknowledgement of service - Online MCOL Website (20/01/2016)
    2) CCA REQUEST - 1 postal order - Signed For Post (21/01/2016)
    3) CPR 31.14 - Requesting Default Notice, CCA Agreement and assignment - Signed For Post (21/01/2016) ( thanks Nemesis45 )


    Other Info:

    Cannot for the life of me remember having shopacheck, but then again in 2012 my head wasup my proverbial **** as my mother died that year.

    I have never received any default notice from Shopacheck or Lowells, I am very good with paperwork/documents/post, everything that comes that is official if filed in ring binder boxes...

    If I had received any default notice I would have acted.

    Also, I never received any letter from Shopacheck / Lowells to inform me that the debt has been re-assigned.

    I am not denying the loan but also am not accepting it as I just do not know, what I do know is I have had 20 + loans from shopacheck in the past since circa 2000 , so do have a financial history with the company
    I have looked through any/all paper work kept from previous loans but cannot find details of the one they are referring to with the reference number they gave me in the Particulars of Claim.

    Any advice would be appreciated, and thank you in advance to anyone who takes the time out of their own lives to help me, I would be very grateful and gracious.
    Last edited by dbc1702; 21st January 2016, 19:42:PM. Reason: Update to have Sent section
    Tags: None

  • nemesis45
    replied
    Re: Court Claim - Lowell Portfolio I LTD / Shopacheck - 18-01-2016

    Originally posted by dbc1702 View Post
    Thanks nemesis, do you know if the DQ can be emailed to Northampton or does it have to be posted?
    Best posted us signed for and check delivery.

    nem

    Leave a comment:


  • Stu
    replied
    Re: Court Claim - Lowell Portfolio I LTD / Shopacheck - 18-01-2016

    As they (Lowell and sols) have not responded to your request to the CCA & CPR you won't be eligible for mediation, which imo says they haven't got a leg to stand on because they don't have the relevant papers

    Leave a comment:


  • Amethyst
    replied
    Re: Court Claim - Lowell Portfolio I LTD / Shopacheck - 18-01-2016

    If you've completed and and signed it electronically then you can email it - see http://legalbeagles.info/forums/show...ments-to-Court

    Leave a comment:


  • MIKE770
    replied
    Re: Court Claim - Lowell Portfolio I LTD / Shopacheck - 18-01-2016

    deleted

    Leave a comment:


  • dbc1702
    replied
    Re: Court Claim - Lowell Portfolio I LTD / Shopacheck - 18-01-2016

    Thanks nemesis, do you know if the DQ can be emailed to Northampton or does it have to be posted?

    Leave a comment:


  • nemesis45
    replied
    Re: Court Claim - Lowell Portfolio I LTD / Shopacheck - 18-01-2016

    Answer the questions honestly and if you get stuck come back here.

    nem

    Leave a comment:


  • dbc1702
    replied
    Re: Court Claim - Lowell Portfolio I LTD / Shopacheck - 18-01-2016

    Hi, update is that the court have asked for me to complete a DQ (Directions Questionaire) what should I put in this. As stated I deny the debt, Lowell and their solicitors have not responded to anything I have sent them be it a CCA or CPR, any help would be great

    Leave a comment:


  • dbc1702
    replied
    Re: Court Claim - Lowell Portfolio I LTD / Shopacheck - 18-01-2016

    Originally posted by charitynjw View Post
    Does it say that on the court letter?

    If no extension has been agreed, & they haven't replied to the defense, the case will be stayed.

    Allow a couple of days or so (for postage), then check the status of the claim (phone the court)

    If stayed, you can ask the court for the claim to be struck out.
    Just re-read the letter from court saying they have received my defence, and it states the claimant has 28 days to continue or not...

    Leave a comment:


  • charitynjw
    replied
    Re: Court Claim - Lowell Portfolio I LTD / Shopacheck - 18-01-2016

    Originally posted by dbc1702 View Post
    So, it is now 11/03/2016, it has been 25 days since I submitted my defence, I have received/heard absolutely nothing from the court and/or claimant, all I received was a letter from the court confirming they have received my defence.

    What happens now?, I read somewhere that they have 28 days to respond.....

    Do I need to do anything my self on day 28? do I ask the court to strike the claim out? what would be my next move?

    Thanks
    Does it say that on the court letter?

    If no extension has been agreed, & they haven't replied to the defense, the case will be stayed.

    Allow a couple of days or so (for postage), then check the status of the claim (phone the court)

    If stayed, you can ask the court for the claim to be struck out.

    Leave a comment:


  • dbc1702
    replied
    Re: Court Claim - Lowell Portfolio I LTD / Shopacheck - 18-01-2016

    So, it is now 11/03/2016, it has been 25 days since I submitted my defence, I have received/heard absolutely nothing from the court and/or claimant, all I received was a letter from the court confirming they have received my defence.

    What happens now?, I read somewhere that they have 28 days to respond.....

    Do I need to do anything my self on day 28? do I ask the court to strike the claim out? what would be my next move?

    Thanks

    Leave a comment:


  • dbc1702
    replied
    Re: Court Claim - Lowell Portfolio I LTD / Shopacheck - 18-01-2016

    Got my dates a bit mixed up, I re read all my posts and noticed the date for defence should be 15th

    Leave a comment:


  • dbc1702
    replied
    Re: Court Claim - Lowell Portfolio I LTD / Shopacheck - 18-01-2016

    UPDATE

    Today is the 13/02/2016, I have not received anthing with regards to my CCA Request on 22/01/2016. Deadline was 11/02/2016
    I have not received anything regarding the CPR Request, not even an acknowledgement letter.

    I have to put my defence in today I think, so could someone please look in on me, as above shall I put in the template defence regarding not reeiving documents and been embarrassed to fully defend the claim, and the fact that they have failed to follow CPR rules and failed on the directions of the Consumer Credit Act regards my CCA Request.

    Pretty urgent please, I'm sure the dates work out for my defence to be in by tomorrow.

    Leave a comment:


  • dbc1702
    replied
    Re: Court Claim - Lowell Portfolio I LTD / Shopacheck - 18-01-2016

    Just a little question to anyone more versed with the dealings of the small claims track.

    I have been reading the CPR Rules and understand that Costs are not to be awarded to any party in the small claims save for court costs ie the court fee, however, the rules do allow for the court to consider costs under CPR 27.14 (g).

    CPR 27.14 States..

    (2) The court may not order a party to pay a sum to another party in respect of that other party’s costs, fees and expenses, including those relating to an appeal, except –

    (g) such further costs as the court may assess by the summary procedure and order to be paid by a party who has behaved unreasonably;


    Now, on doing some digging, I have found the following to be classed as Unreasonable behaviour, those I have stated below are some that may be relevant to my case;

    1) A consistent failure to respond to correspondence and/or telephone calls
    Failure to respond to the CCA or Failure to comply with the CPR 31.14 may constitute unreasonable behaviour

    2) Dilatory conduct leading to delay
    Surely failing to respond to either the CCA, CPR within time allowing me to properly submit a defence could be classed as unreasonable behaviour.

    3) A failure to follow the standard Small Claims track directions
    Now surely this one is covered by failing to follow directions of the CPR by not responding to my CPR 31.14 request.

    What do people think? Is this worth exploring more? have others explored this and found it to be without merit?

    Leave a comment:


  • MIKE770
    replied
    Re: Court Claim - Lowell Portfolio I LTD / Shopacheck - 18-01-2016

    they can only change the name and put theirs, no date change can be made just the owners CRA on line complaint to start, also you can challenge Lowells on this as well, failure which you will report them to the ICO

    if the entries are only debt then only one entry and actual original default date to be shown, do not ring lowells sometimes a ploy to get you to contact them!

    Leave a 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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