Lowell Solicitors Vs WENDY2215

[WENDY2215]

Hello all,

1. The defendant
   entered into a consumer credit act 1974 regulated agreement with
   shop direct under account number... the agreement.
   2. The
   defendant failed to maintain the required payments and a default
   notice was served and not complied with.
   3. The Agreement was
   later assigned to the claimant on the 15.03.2013 and notice given to
   the defendant.
   4. Despite repeated requests for payment the sum
   of £1,108.56 remains due and outstanding.
   a) The said sum of
   £1,108.56
   b) Interest pursuant to s69 county court act 1984 at
   the rate of 8% per annum from the date of assignment to the date of
   issue accruing at a daily rate of £0.243, but limited to one year ,
   being £88.68
   c) Costs

I have followed the
guides found on here so far and had one reply from Lowell
Solicitors.
They state that they have requested the agreement,
statement of account, and the default notice from the original
creditor and will forward them on when possible.
They have also
said the Deed of assignment wont be sent as it is a confidential
agreement between the client and the original creditor and contains
information I am not entitled to see.
They also noted I have
acknowledged the claim but I must still file a response by 29th
August 2017 (Clearly this date is wrong).
They finish by saying
action on my account has been suspended until the original creditor
provides the requested documents.

I don' remember this debt or
getting anything they say they have sent me. I have lived at my
current address 10 years now and have never acknowledged this debt
with anyone. I guess I just wait for the documents requested?

Thanks
in advance for any advice.

[ostell]

Re: Lowell Solicitors Vs WENDY2215

So what was the date of issue of the claim?

[WENDY2215]

Re: Lowell Solicitors Vs WENDY2215

Sorry the date of issue was 24th August 2017

[Amethyst]

Re: Lowell Solicitors Vs WENDY2215

You have already acknowledged the claim, so now you have to ensure you put in your defence before the 26th Sept ( regardless of whether you hear back from the claimant or not ) If you have a read of the Example Defence you'll see there is a statute barred paragraph in there which you can use, along with the lack of documentation parts and amend as needed.

I'll move your thread the the court claim section of the forum.

So this is a Shop Direct account - so Very, Littlewoods, Isme etc catalogues.

[WENDY2215]

Re: Lowell Solicitors Vs WENDY2215

Hi Amethyst, i think it was a Kays account years ago. Like i said around 10 years im guessing. Thanks for moving it to the correct section for me and for theadvice. I will read the example defences to get a idea. Should i do the letter straight away or wait to see if they send the requested documents? Thanks.

[Amethyst]

Re: Lowell Solicitors Vs WENDY2215

I'd wait till about the 20th before submitting your defence, just in case they pop up with compliant documents in between now and then xxx

Sorry just checking - you did acknowledge the claim didn't you ( either sending back the response pack bit or online at moneyclaim online ?)

Any questions on anything in the defence just shout. If this hasn't been paid or acknowledged for 10 years then it is likely to have been opened before the catalogue companies got their butts into gear with proper credit agreements - so fingers crossed they come up empty handed.

[WENDY2215]

Re: Lowell Solicitors Vs WENDY2215

Yes i aknowledged the claim online. Thaks again for all the help, i wouldnt have a clue how to deal with this without you guys. X

[warwick65]

Re: Lowell Solicitors Vs WENDY2215

Hi

As your defence is due on 26th , I really would wait until the 26th if possible or the 25th if you are unable to do it during the day .

The reason I suggest this is that these solicitors know all too well what the timelines are and are not beyond waiting until the last minute befoe posting out documents.

If you enter a defence early ( which is what i would naturally want to do) and they then send the documents they may argue that your defence is useless as you had the documents you are claiming not to have- does that make sense

From what you say you seem to think this is statute barred - it might be worth sending a Subject Access Request to SD - this will give you all the details. I know you say you have had no dealings but ten years is a long time to remember and you clearly did have some dealings with a catalogue

Better to have all your ducks in a row in my opinion

[WENDY2215]

Re: Lowell Solicitors Vs WENDY2215

Hi all, just to update i filed my defence and it got aknowledged by the court. I have today had another letter from the court with a notice of proposed allocation to the small claims track and a Directions questionnaire.
It asks if i agree to mediation? Do i have to do this? Lowell have failed to provide any of the information i requested and i would just like the case thrown out if possible. Can this be done or should i agree to mediation?
Thanks in advance for any advice.
Wendy.

[WENDY2215]

Re: Lowell Solicitors Vs WENDY2215

Any advice guys?

[warwick65]

Re: Lowell Solicitors Vs WENDY2215

It's wise at this point to agree to mediation. You never know they might send you some docs

[WENDY2215]

Re: Lowell Solicitors Vs WENDY2215

Ok thank you.

[warwick65]

Re: Lowell Solicitors Vs WENDY2215

Hi again Wendy

Did you plead SB in your defence or did you say you may need to amend it should they produce documents?

[WENDY2215]

Re: Lowell Solicitors Vs WENDY2215

I said i may need to defend it if the documents come forward as im unsure of any dates and have had nothing requested from the other party as yet.