Help needed with Lowell and Small Claims Track

[Amethyst]

Re: Help needed with Lowell and Small Claims Track

What is the deadline for filing your Directions Questionnaire?

Di

25th May

. I have to reply to this letter to the courts by 25th May and i am at a loss which way to turn. Thanks guys

[Diana M]

Re: Help needed with Lowell and Small Claims Track

25th May

Thank you

This gives the OP time to research what went on and take steps to remedy the situation *phew*

Di

[Amethyst]

Re: Help needed with Lowell and Small Claims Track

That's the plan

[LoNK1]

Re: Help needed with Lowell and Small Claims Track

Did Lowells send you a second page for that statement? It says "Carried forward (see sheet 2)" on the bottom?

Did you never make any payments during the life of the loan or even after the loan expiry date such as through a DMP?

This was a Buy Now Pay Later product but I'm not clear on whether you entered into an original contract/credit agreement (interest free?) where the loan (with interest added) only kicked in if you didn't pay the full amount by a certain date? Sometimes there was a small 10% deposit to pay in store.

This will be important if they produce documents purporting to be a credit agreement but the dates don't tally because the credit agreement may have been entered into before the actual loan began (if you follow me).

Can you post up or type out the Particulars of Claim removing anything which could identify you to see what they are claiming and why they think they have the right to claim it. The names and dates will be useful.

Your credit agreement was with HSBC not PC World apparently.

Di

Okay so no, its a long story involving my ex but no, no payments were ever made.

the second sheet is like this...
Date. Description Payments Interest/Fees Loan Balance
15 May 08 Admin Fee £15.
31 May 08 Interest £23.07 £1,061.40
14 June 08 Admin Fee £15
28 June 08 Transfer Fees to Balance -£150 £1,211.40

It stops there, no further info was sent out to me.

So the particulars of the claim are -
The claimant's Claim is for the sum of £1,211.40 being monies due from the Defendant to the Claimant under a financial Services agreement regulated by the Consumer Credit Act 1974 between the defendant and HFC Bank Ltd under account reference ....... and assigned to the claimant on 23/12/2011 notice of which has been given to the defendant.
The defendant failed to maintain the contractural payment under the terms of the agreement and a default notice has been served and not complied with.
The claim also includes statutory interest pursuant to section 69 of the county courts Act 1984 at a rate of 8% per annum (a daily rate of £0.27 from the date of assignment of the agreement to 22/12/2012 being an amount of £98.82

[Diana M]

Re: Help needed with Lowell and Small Claims Track

What was your ex's involvement (if any) in case it's relevant?

They've not stated when the agreement started in the POC so maybe a Part 18 Question (or two) would help you at this stage.

Di

[LoNK1]

Re: Help needed with Lowell and Small Claims Track

What was your ex's involvement (if any) in case it's relevant?

They've not stated when the agreement started in the POC so maybe a Part 18 Question (or two) would help you at this stage.

Di

Not sure if my ex's involvement is really applicable because everything was in my name, you know how it goes, the person you trust the most turns out to be a ... ahem. and my head was a shed back then.
Bought a laptop in 2006 for work purposes as we were moving countries, i thought i had transferred the funds into my account to keep up the monthly payments, however life took over, had to file for divorce due to domestic abuse - like i said, my head was a shed, not in a good place - i was unable to check back on things in UK. Finally got back to UK 2010, my ex took the laptop and i was in too much of a state to even think about a silly laptop or any credit agreements, it had gone out of my mind and i forgot all about it.

Sorry, what is a part 18 question?

[LoNK1]

Re: Help needed with Lowell and Small Claims Track

Okay so i have now emailed BW Legal asking them to email a copy of my defense to me.

[Diana M]

Re: Help needed with Lowell and Small Claims Track

Okay so i have now emailed BW Legal asking them to email a copy of my defense to me.

It'll be interesting to see 'how' the Defence got filed too.

You can still call MCOL and ask them that - it should show on their system (filed online by the Defendant or a letter of yours to Lowell sent via BW Legal).

Di

[LoNK1]

Re: Help needed with Lowell and Small Claims Track

[MENTION=6]Amethyst[/MENTION], [MENTION=87380]Diana M[/MENTION]
thank you both

Is there anything further that i need to do today, both the CCA and CPR have know been sent and i emailed bw legal about the defense.

[Amethyst]

Re: Help needed with Lowell and Small Claims Track

Nope Think you've done enough for one day - you've asked for help instead of muddling along on your todd getting confused ... so that's a good step. Come back on tomorrow though and let us know soon as you hear back from BW. We'll have to come up with a plan to fix things - but hopefully we'll just be able to get them to discontinue considering whichever way its looked at it is statute barred xxx You'll have back up now with the CCA request and CPR letter - so basically fingers crossed it's the Nat Debtline letter used as defence rather than the ID theft missive - that will be much simpler to sort out going forward xxxx Should be able to use the Directions Questionnaire anyway.

[LoNK1]

Re: Help needed with Lowell and Small Claims Track

ok will do.
again, thank you so much xxxxxxx

[LoNK1]

Re: Help needed with Lowell and Small Claims Track

[MENTION=87380]Diana M[/MENTION] [MENTION=6]Amethyst[/MENTION]
Morning
Just wondered if you guys had managed to have a think?
Not heard from BW Legal yet.
Thanks guys

[Diana M]

Re: Help needed with Lowell and Small Claims Track

Not heard from BW Legal yet.

I'm not surprised since you only emailed them yesterday afternoon and they're not obliged to respond. They may not ever reply, but you still need to know what Defence was filed.

This was my suggestion >

It'll be interesting to see 'how' the Defence got filed too.

You can still call MCOL and ask them that - it should show on their system (filed online by the Defendant or a letter of yours to Lowell sent via BW Legal).

As explained >

need to find out how the court got your Defence. Ask them if it was filed online (regardless of what it said) or was it filed by the Claimant on your behalf? The court should be able to tell you that.

If it was the latter (the Claimant filed on your behalf without your knowledge or consent) then that should make it easier for you to file an Amended Defence without an Application to the court for permission if Lowells are prepared to consent to it.

Because >

What you want to avoid is Lowells making an Application for a Summary Judgment to strike out your Defence as having no merit if it only pleaded identity theft.

My point being although the court may resist sending you a copy of your Defence, you can at least figure out what it might (or even did) say if they tell you how it was filed.

Whatever the outcome of your enquires you will need to file an Amended Defence.

Di

[LoNK1]

Re: Help needed with Lowell and Small Claims Track

I'm not surprised since you only emailed them yesterday afternoon and they're not obliged to respond. They may not ever reply, but you still need to know what Defence was filed.

This was my suggestion >



As explained >



Because >



My point being although the court may resist sending you a copy of your Defence, you can at least figure out what it might (or even did) say if they tell you how it was filed.

Whatever the outcome of your enquires you will need to file an Amended Defence.

Di

Thanks Di
finished speaking to the courts and it was sent in by us. Therefore it would have based upon identity theft. So I need to file an amended defense asap.
(The reason it was based upon identity theft was because we were informed by Lowell that it was a purchase at pc world dated 23/12/2011, knew that wasn't me, i had moved address a few times and so thought someone had got my details)
So where do I go from here?
Thanks

[Diana M]

Re: Help needed with Lowell and Small Claims Track

Thanks Di
finished speaking to the courts and it was sent in by us. Therefore it would have based upon identity theft.

. . . . So where do I go from here?

You will need to file an Amended Defence.

To do that you either need to make an application to the court for permission to amend it or ask the Claimant to consent to you amending it.

Di