Court Claim - Lowell Portfolio 1 LTD / Shop Direct Group - 10-8-2017

[khkh8509]

Re: Court Claim - Lowell Portfolio 1 LTD / Shop Direct Group - 10-8-2017

Above is my defense which needs filing. Could someone please look through and tell me if it sounds ok?
I am unsure about the points in red so if someone can advise on what I need to leave in or remove there, that'd be great.
To date, Lowell haven't provided any documentation so I am simply working with this at the moment.

I just copied / pasted the above. The lack of spaces here and there don't exist on the actual document!

[warwick65]

Re: Court Claim - Lowell Portfolio 1 LTD / Shop Direct Group - 10-8-2017

I was going to say about para 4 but you are adamant you do not recall the debt so fair enough.
As it is a catalogue debt it will be s78

I would also add something along the lines of
It is denied the claimant has the right to bring the claim and it put to strict proof of their right by disclosing the deed of assignment and notice of assignment that should have been served according to the law of property act.

[khkh8509]

Re: Court Claim - Lowell Portfolio 1 LTD / Shop Direct Group - 10-8-2017

Thank you, I have added that bit.

My SAR was responded to by shop direct today asking for ID as the info they have on me isn't in this address. Well I've been here since April 2011 (and had a period of homelessness from Sept 2010 until then) so leaves 2 options:
This debt is not mine and in someone else's address or
It is mine from my previous address but will be statute barred as would have defaulted prior to my relationship breakup in 2010.

Do I need to write something about it being statute bared in my defence or should I leave that for now given I'm not sure whether or not the debt belongs to me?

[warwick65]

Re: Court Claim - Lowell Portfolio 1 LTD / Shop Direct Group - 10-8-2017

If you believe it is SB then yes say so in your defence

Have you sent the ID requested by SD ?

Could you have been making payments without updating your address? or maybe they forgot to update it

[khkh8509]

Re: Court Claim - Lowell Portfolio 1 LTD / Shop Direct Group - 10-8-2017

Thank you for you help. Its much appreciated!
Defence has been submitted.
Now we wait........

[khkh8509]

Re: Court Claim - Lowell Portfolio 1 LTD / Shop Direct Group - 10-8-2017

Received a letter from the court today:

I acknowledge receipt of your defence. A copy is being served on the claimant (or the claimants solicitor). The claimant may contact you direct to attempt.to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen.

Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy.of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay.

I assume this is just standard?

[warwick65]

Re: Court Claim - Lowell Portfolio 1 LTD / Shop Direct Group - 10-8-2017

Yes pretty standard stuff

If you have done it all online keep an eye on MCOL to see the status

[khkh8509]

Re: Court Claim - Lowell Portfolio 1 LTD / Shop Direct Group - 10-8-2017

I have received a "Notice of Proposed Allocation to the Small Claims Track" which I have to complete and return. Is this standard?

Could you help with a few of the questions please.

1. Do you agree to this case being referred to the Small claims mediation service?

2. Do you agree the all claims track is the appropriate track for this case?

3. Would you like your case to go to court without a hearing?

4. I can confirm that I have enough information about the claim to allow me to enter into negotiations?

- - - Updated - - -

I also have a copy where Lowell Solicitors have completed this form too.
One question is:

How many witnesses, including yourself, will give evidence on your behalf at the hearing?

Their response is: 0

So are they not planning to turn up?

[warwick65]

Re: Court Claim - Lowell Portfolio 1 LTD / Shop Direct Group - 10-8-2017

Apparently they always do that but then turn up.

Your answers will be similar to theirs. So yes to small claim but 1 witness-you

[khkh8509]

Re: Court Claim - Lowell Portfolio 1 LTD / Shop Direct Group - 10-8-2017

I have received an email and phone call to arrange mediation.
I didn't think that was possible given I don't have the required documents in order to fully defend the claim?
Should I call back and say this?

[warwick65]

Re: Court Claim - Lowell Portfolio 1 LTD / Shop Direct Group - 10-8-2017

Hi
It is entirely up to you

You can use mediation to make some sort of settlement offer that would not end with a cci and may be affordable to you.

Just because they haven't sent anything now doesn't mean they won't send anything later

Did you add SB to your defence?

have they sent anything at all in the way of paperwork- even an acknowledgment ?

Have you had any reply back from your SAR other than asking for ID?

You could use mediation to tell them you know nothing of the debt and they should therefore discontinue

[MIKE770]

Re: Court Claim - Lowell Portfolio 1 LTD / Shop Direct Group - 10-8-2017

mediation will ask you if you have the necessary documents to mediate - your answer in not is NO = they will inform you that due to this no mediation can take place and send case back to court system for their next stage but read the post above

[warwick65]

Re: Court Claim - Lowell Portfolio 1 LTD / Shop Direct Group - 10-8-2017

mediation will ask you if you have the necessary documents to mediate - your answer in not is NO = they will inform you that due to this no mediation can take place and send case back to court system for their next stage but read the post above

I must disagree.

This is your opportunity to tell them that this is not your debt (if you are sure it is not) and ask them to discontinue. You may even want to tell them there is a history of fraud on your name

Nothing you say can be used in court

My worry for you would be that this is your debt and it took them some time to default it- you say it is on your credit file . Did you only know this because of the claim or have you known this for some time. If I were Lowell I would want to know why you had not raised the fraud issue before

@Diana M