Wife just received CCJ court claim from Lowell

[Seasider1956]

Hello everyone

Not posted for a few years but we appear to have a new problem.

My wife has just been sent a Court claim from Northampton regarding a catalogue debt she had with shop direct and which Lowell sayy say they bought in 2012, we have had no contact with shop direct since 2010 when they were informed we could not keep up payments owing to illness and disability, we have also never received a default notice from shop direct or Lowell , the original agreement dates from 2006, and we never signed a credit agreement.

As far as I am concerned this debt is now Statute Barred, can anyone advise what to put on the N9B as our defence to set the ball rolling, which will be very much appreciated.

Will try and attach the claim, but may not work as it's only photographed by a tablet.

[MIKE770]

Re: Wife just received CCJ court claim from Lower.

First Steps |

- - - Updated - - -

defend all tick in box no admittance at all lkowells and their trying it on ----- go to MCOL and register details top rught of the cliam form

- - - Updated - - -

defend all tick in box no admittance at all lkowells and their trying it on

CCA Request || CPR 31.14 Request


CCArequest to Lowells themselves with £1,00 postal order,

CPR31.14 to lowell solicitors no charge requesting all documents mentioned on the N1 court form

[Seasider1956]

Re: Wife just received CCJ court claim from Lower.

Thank you Mike will do that, and keep the forum informed.

Bob.

[warwick65]

Re: Wife just received CCJ court claim from Lower.

Hi Seasider
As Mike says

Follow the first steps
1) Acknowledge the claim (online) if you can- MCOL often plays up at weekends
2) Send a CCA request with the £1 fee to Lowell by Royal Mail signed for
3) Send a CPR31.14 request to the solicitors -but only ask for the documents in mentioned in the POC which seem to be
The agreement
The Default Notice
The Notice of assignment
The Deed of assignment

A couple of questions, when you opened the account can you remember how it was done, over the phone, online or something else ? If it was online they might not need to actually have your signature as post 2005 digital signatures were ok

A further step is send a Subject Access Request to the catalogue company , this needs a fee of £10
http://legalbeagles.info/forums/show...quest-template use one of the versions, or a combination that are on this thread

As the account seems to be over £10K it might go to the fast track which could have cost implications so may be worth getting some legal advice [MENTION=87380]Diana M[/MENTION] [MENTION=551]pt2537[/MENTION]

Hope the above helps
[MENTION=49370]Kati[/MENTION] - you know what I am going to ask don't you. New claim :-)

[Seasider1956]

Re: Wife just received CCJ court claim from Lower.

Mike forgot to ask what MCOL is.h

[warwick65]

Re: Wife just received CCJ court claim from Lower.

https://www.moneyclaim.gov.uk/web/mcol/welcome

Moneyclaim online

[Seasider1956]

Re: Wife just received CCJ court claim from Lower.

Thanks Warwick.

[pt2537]

Re: Wife just received CCJ court claim from Lowell

Hello everyone

Not posted for a few years but we appear to have a new problem.

My wife has just been sent a Court claim from Northampton regarding a catalogue debt she had with shop direct and which Lowell sayy say they bought in 2012, we have had no contact with shop direct since 2010 when they were informed we could not keep up payments owing to illness and disability, we have also never received a default notice from shop direct or Lowell , the original agreement dates from 2006, and we never signed a credit agreement.

As far as I am concerned this debt is now Statute Barred, can anyone advise what to put on the N9B as our defence to set the ball rolling, which will be very much appreciated.

Will try and attach the claim, but may not work as it's only photographed by a tablet.

Hello Bob,

I too had a shop direct account many years ago, i think my thread on when i slapped them around in court is still over on one of the other forums, anyway, SD had a habbit of allowing people credit just on a call to their call centre, i remember when i opened my account i rang them up and they sent me out tonnes of stuff. All of which was very much unenforceable.

I think that there are likely to be two issues here, one the limitation angle, (or even Laches) and the second the fact that you never signed an agreement thus s127(3) Consumer Credit Act has engaged.

Can i just ask, how did you open the account?

I agree that getting legal advice may well be a good idea, the Claim may well fall into the fast track on complexity grounds, so there are risks of cost consequences if the claim fails, and equally if they win in the small claims track then they can still seek costs, especially if the contract has an indemnity clause ala Shaw v Nine Regions and also Sahota v Amex.

We do deal with cases like this on a no win no fee basis, so feel free to get intouch id be more than happy to have a chat with you about this if you want to, my details are in the footer of my email.

if you can let us know how the account was opened that would be great

[pt2537]

Re: Wife just received CCJ court claim from Lower.

CPR31.14 to lowell solicitors no charge requesting all documents mentioned on the N1 court form

Well there technically is, under CPR 31.15 you do have to give an undertaking to pay reasonable copying costs, otherwise they dont have to give you copies, so while youre right that the request has no fixed fee as such, you may have to pay them copying costs if they ask.

[MIKE770]

Re: Wife just received CCJ court claim from Lowell

if they request payment!

[warwick65]

Re: Wife just received CCJ court claim from Lowell

Seasider

Just a further thought
No need to panic and make knee jerk decisions
The priority is acknowledge the claim
get the letters sent off

I can't quite read the claim date so am assuming it is 16th May ( if it is different just add the number of days to what I put below
Acknowledge claim by 4th June
Submit defence by 19th June

[pt2537]

Re: Wife just received CCJ court claim from Lowell

if they request payment!

No not really,

(c) that party may request a copy of the document and, if he also undertakes to pay reasonable copying costs, the party who disclosed the document must supply him with a copy not more than 7 days after the date on which he received the request.

The party requesting a copy must undertake to pay the costs, not the other way round, ergo they dont have to ask, you have to offer

[Seasider1956]

Re: Wife just received CCJ court claim from Lowell

Thanks everyone, the claim date is 18th May, thanks all again.

Bob.

[Seasider1956]

Re: Wife just received CCJ court claim from Lowell

Hi again, just an update. Have posted of the CCA and CPR request posted recorded, and aknowledged the County Court claim and sent special next day delivery.

Also my wife cannot be sure how how she took out the catalogue, but thinks it could be in a shopping centre where they have people asking if you would be interested in one and then send out the catalogue, but it was 12 years ago and she cannot be certain.

Thanks again all. Bob.

[warwick65]

Re: Wife just received CCJ court claim from Lowell

Keep an eye on the date for filing your defence and let us know what you get back - if anything

A bit of a waiting game now although if you have old records you might want to collate them to see if anything interesting pops up