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Lowells v Pod72

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  • Lowells v Pod72

    Hi I have tried to fill out the form on your advice forum but it will not let me submit it, saying it is to short

    So the basics are that I received a court claim from Lowells for a shop direct debt of which i have no recollection of. I swear that any catalogue debts had already been paid of in full, however I can not find any proof of this. I will tomorrow send requests for for CCA and CPR
    This is pariculars of the claim made by lowells
    Defendant entered into consumer credit act with shop direct
    failed to maintian required payments
    Agreement was later assigned to the claimant on 07/06/2013 and notice given to defendant
    Despire request for payments the sum of £426.59 remains outstanding.
    The claim totalling £545.72 was issued on 8th August 2017
    Tags: None

  • #2
    Re: Lowells v Pod72

    Remember that in your CPR request you will only be able to ask for the agreement and the , the notice of assignment and I would also ask for the actual deed of assignment as well.

    What do you mean the form wont let you fill it in as too short? If it is on LB I believe it is a technical glitch

    Have you acknowledged the claim on MCOL - you have 19 days from the date on the claim form to do this but get it done sooner rather than later

    I would also send a SAR to shop direct - this will give you more details about the debt and things such as when and if a default notice was sent - useful in a witness statement and defence

    Comment


    • #3
      Re: Lowells v Pod72

      Hi pod72, welcome to LB.

      Have you acknowledged the court claim yet?

      Edit
      X-posts with [MENTION=98117]warwick65[/MENTION] (Evening, Warwick ).
      CAVEAT LECTOR

      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

      You and I do not see things as they are. We see things as we are.
      Cohen, Herb


      There is danger when a man throws his tongue into high gear before he
      gets his brain a-going.
      Phelps, C. C.


      "They couldn't hit an elephant at this distance!"
      The last words of John Sedgwick

      Comment


      • #4
        Re: Lowells v Pod72

        Great minds [MENTION=5553]charitynjw[/MENTION]
        Not sure where though!

        Comment


        • #5
          Re: Lowells v Pod72

          Thank you for the advice, yes I acknowledge the claim yesterday online.

          What date would i write here ? the claim was issued on 8th August 2017
          To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence onxx/xx/xxxx.

          Comment


          • #6
            Re: Lowells v Pod72

            HI
            Sorry for the late reply

            If the claim was issued on 8th August (the date on the claim form) you have 33 days to submit your defence which I make 10th September which I think is a Sunday so you will have until 4pm on 11th to do it. I would however put 10th on your letter just to be super careful.

            Comment

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            SHORTCUTS


            First Steps
            Check dates
            Income/Expenditure
            Acknowledge Claim
            CCA Request
            CPR 31.14 Request
            Subject Access Request Letter
            Example Defence
            Set Aside Application
            Directions Questionnaire



            If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





            NOTE: If you receive a court claim note these dates in your calendar ...
            Acknowledge Claim - within 14 days from Service

            Defend Claim - within 28 days from Service (IF you acknowledged in time)

            If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




            We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
            If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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