Lowell v Andy77

[Andy77]

Issue Date: 12th May 2016
Amount approx: £300
Claimant: Lowell
Solicitor: BW Legal
Original Creditor: Avon

Claimant is claiming for the sum of £300 being monies due from the defendant to the claimant under the home shopping agreement regulated by the CCA 1974 between the defendant and Avon assigned to the claimant on the 2015 notice of which has been given to the defendant. The defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with.


Hi - first post.
The mrs doesn't think shes had a default notice for this and doesn't remember signing any agreement. But I have to deal with where it is now, so I've done the acknowledgement of service today and I intend to send out a CCA and CPR request to the claimant and their solicitor.

In the CPR to their solicitor I am asking for all these 4 things:

1. Agreement / Contract
2. Default Notice
3. Assignment
4. Formal Demand

Thanks in advance.

[nemesis45]

Re: Lowell v Andy77

Issue Date: 12th May 2016
Amount approx: £300
Claimant: Lowell
Solicitor: BW Legal
Original Creditor: Avon

Claimant is claiming for the sum of £300 being monies due from the defendant to the claimant under the home shopping agreement regulated by the CCA 1974 between the defendant and Avon assigned to the claimant on the 2015 notice of which has been given to the defendant. The defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with.



The mrs doesn't think shes had a default notice for this and doesn't remember signing any agreement. But I have to deal with where it is now, so I've done the acknowledgement of service today and I intend to send out a CCA and CPR request to the claimant and their solicitor.

Hello Andy,

Welcome to LB,

When you send your CCA request use a Postal Order marked " For Statutory Fee Only" copy for your records.
This is too avoid funds being allocated to the alleged debt!

nem

[Andy77]

Re: Lowell v Andy77

A quick update. The mrs received a letter today from the claimants solicitor, saying that she needs to contact them to discuss repayment installments, if she doesn't then it will go to the county court proceedings. Which is strange as shes already received county court papers earlier this week.
[MENTION=55034]nemesis45[/MENTION] could you see this being in response to me doing the AOS and saying it will be defended? I haven't even sent out the CCA or CPR requests yet.

[nemesis45]

Re: Lowell v Andy77

A quick update. The mrs received a letter today from the claimants solicitor, saying that she needs to contact them to discuss repayment installments, if she doesn't then it will go to the county court proceedings. Which is strange as shes already received county court papers earlier this week.
@nemesis45 could you see this being in response to me doing the AOS and saying it will be defended? I haven't even sent out the CCA or CPR requests yet.

Hello Andy,
It's an odd one Andy, what is the date of issue on the N1 claim form and this latest letter?

Get those requests off asap.

nem

nem

[Andy77]

Re: Lowell v Andy77

Hello Andy,
It's an odd one Andy, what is the date of issue on the N1 claim form and this latest letter?

Get those requests off asap.

nem

nem

OK I've got home and checked the letter and it came out the same time as the court claim. So they say they have issued a county court claim which she should receive soon and they want her to contact them direct to set up an arrangement to pay, otherwise she will have a CCJ against her name for 6 years.

It seems odd to me to send that letter at the same time as the issue of the court claim, when they are hoping to get what they want through a court judgement anyway.

[nemesis45]

Re: Lowell v Andy77

They have to win first!!
Lowell and it's in house solicitors are making some odd moves lately.
The letters crossed it seems.

nem

[Andy77]

Re: Lowell v Andy77

They have to win first!!
Lowell and it's in house solicitors are making some odd moves lately.
The letters crossed it seems.

nem

In the letter direct from their solicitor they specifically mention they have issued a county court claim, so they have intentionally sent them out at the same time.

Anyway I;ll get the requests out tomorrow for these. Thanks for the help.

[nemesis45]

Re: Lowell v Andy77

In the letter direct from their solicitor they specifically mention they have issued a county court claim, so they have intentionally sent them out at the same time.

Anyway I;ll get the requests out tomorrow for these. Thanks for the help.

They are not that bright, more likely no communication between departments.

nem

[Andy77]

Re: Lowell v Andy77

[MENTION=55034]nemesis45[/MENTION]

The CPR and CCA letters went out to the claimants solicitors and the claimant on the 20th May. The solicitors have replied to the CPR request saying they need to get in touch with their client for the information.

At which point do I put in a defence for this and also what should my defence be if they haven't sent me the information I asked for?

Do I hang on a few more days to see what they come back with?

Court issue date was 12th May
AOS was done on 18th May
CPR & CCA requests sent 20th May

Thanks

[Andy77]

Re: Lowell v Andy77

Another update on this. The defence went in at the beginning of June and as of yet I have heard nothing back from the court. I have also received none of the info I asked of the solicitor either.

In the meantime the mrs had a letter from the claimants solicitor saying they had seen she had put a defence in, however their client was confident they would win the case anyway and urged her to take an offer of 20% off.

[Stu]

Re: Lowell v Andy77

Don't worry Andy look at it this way they say "we see you have put your defence in however we are confident we are going to win but ill knock money off for you" Its just another ploy to get you to pay as they know they ain't gonna win, stick to your guns and soon they will discontinue the claim ...

They haven't got the paperwork and that why they're offering discounts... and no CCA no court action

[Andy77]

Re: Lowell v Andy77

Don't worry Andy look at it this way they say "we see you have put your defence in however we are confident we are going to win but ill knock money off for you" Its just another ploy to get you to pay as they know they ain't gonna win, stick to your guns and soon they will discontinue the claim ...

They haven't got the paperwork and that why they're offering discounts... and no CCA no court action

Thanks. The letter worried her, but I said the same, that they are trying to 'trick' her in to paying up without her actually seeing any of the paperwork thats been asked for.

It amazes me that these companies try it on to such a degree that they don't actually have the paperwork to back up these court claims.

[Stu]

Re: Lowell v Andy77

They just wing most of the claims on the hope people panic and pay, they buy the debts in bulk but as a whole pay a tiny percent of the full amount so they don't really lose by doing it...

[Andy77]

Re: Lowell v Andy77

Final update.

I received confirmation today from the claimants solicitors that they have cancelled the court claim.

Big thanks for the advice and help on this forum.

[nemesis45]

Re: Lowell v Andy77

Final update.

nem

I received confirmation today from the claimants solicitors that they have cancelled the court claim.

Big thanks for the advice and help on this forum.

That's great news Andy, well done!!:tinysmile_twink_t2: