recieved a county court claim form

[charitynjw]

Re: recieved a county court claim form

Looks fine to me.

Just one thing....you previously stated that you had no idea what this claim was for, yet you now bring a statute-barred limb to your defence.
Are you now saying that there was a Shop D account?
If so, do you have positive proof that it would be SB?

[gemini64]

Re: recieved a county court claim form

Looks fine to me.

Just one thing....you previously stated that you had no idea what this claim was for, yet you now bring a statute-barred limb to your defence.
Are you now saying that there was a Shop D account?
If so, do you have positive proof that it would be SB?

Hi thanks for reply i haven't a clue what it's for yet, thought it might be best to put it in just in case. No proof of anything, any paperwork kept over the years was thrown out around 4 years ago as had to move out for damp proofing. should i take it out.

[charitynjw]

Re: recieved a county court claim form

If you can raise the possibility of SB & justify it in some way, then leave it in.
Do you have historic bank records going back 6+ years to show that no payments have been made to the claimed account?

[gemini64]

Re: recieved a county court claim form

only had this bank account for no less than 9-10 years only direct debit i've had is for insurance. to my knowledge we only have statements going back as far as 4 years. anything prior was thrown out / destroyed. Wouldn't know where to start looking if there was anything left as everything was packed up. Been 4 years back in the home and still not sorted.

[Amethyst]

Re: recieved a county court claim form

I'd leave it in, the onus of proof that it is not statute barred is on the claimant, so if you aren't sure it doesn't hurt you to plead it and you can always withdraw that later if the claimants provide evidence to show it is not stat barred. You are pleading you are unsure what the debt is but you can say upon researching you see that Shop direct run catalogue accounts and you do not recall having held any catalogue account since before 2010 etc .... that kind of thing. You could also say nothing shows on your credit file at all ( if that is the case )

As Lowells were assigned this in May 2011 it isn't beyond the pail that you hadn't paid for 6 months before that. Have you ever had any contact with Lowell before the claim? Ever made any payments to them ?

[gemini64]

Re: recieved a county court claim form

I'd leave it in, the onus of proof that it is not statute barred is on the claimant, so if you aren't sure it doesn't hurt you to plead it and you can always withdraw that later if the claimants provide evidence to show it is not stat barred. You are pleading you are u

Asnsure what the debt is but you can say upon researching you see that Shop direct run catalogue accounts and you do not recall having held any catalogue account since before 2010 etc .... that kind of thing. You could also say nothing shows on your credit file at all ( if that is the case )

Lowells were assigned this in May 2011 it isn't beyond the pail that you hadn't paid for 6 months before that. Have you ever had any contact with Lowell before the claim? Ever made any payments to them ?

Thanks Amethyst. Not that i can recall only Cabot & Co and Brian Carter come to mind. Brian carter was for an argos card which was eventually paid off not sure what cabot & co was for it has been that long.

[gemini64]

Re: recieved a county court claim form

[QUOTE=Amethyst;740875 you can say upon researching you see that Shop direct run catalogue accounts and you do not recall having held any catalogue account since before 2010 etc[/QUOTE]


Hi Amethyst would it be ok added to no 5 or should i add to new paragraph

[Amethyst]

Re: recieved a county court claim form

I think probably add a new para - and yes next to 5 is the right place.

[gemini64]

Re: recieved a county court claim form

Thank you have now submitted defence via Mcol all i can do now is wait. strange i haven't had a reply from Lowell portfolio was waiting for a response before putting defence in, just as well i didn't would of probably missed my deadline.

[gemini64]

Re: recieved a county court claim form

Hello need some advice. have still had no reply from Lowell portfollio 1 themselves concerning CCA .
I received a letter from Shop Direct on Saturday 05/08 asking for my D.O.B. wanting a copy of birth certificate or driving licence etc. why would they need this, surely address should do have lived here for over 30 yrs . should i send them a copy seems strange how i haven't heard anything from Lowell portfollio or is it me being suspicious.

I have just received a letter today 07/08 from Lowell solicitors containing a copy of there directions questionnaire for small claims court. got me baffled as still no mention of what the claim is for or any clarity on whom other than Shop Direct.

[charitynjw]

Re: recieved a county court claim form

Hi gemini64

Re the SAR & SD's response, more & more emphasis is being made nowadays for companies to guard themselves against potential breaches of the Data Protection Act. They do have the right to ask you to prove you are who you say you are.

As for the Lowell response, that is an indication that they are going to take the claim to the next stage. But it's worth bearing in mind that they have nothing to lose by doing so. They have already paid the claim issue fee, & have nothing more to pay until they need to cough up for the hearing fee. I reckon that many of these debt purchase co's push on regardless until that stage. They have nothing to lose by doing so, & everything to gain. Whoever blinks first loses.
It might be worth contacting the court for an updated status report on the claim.