**DISCONTINUED!!** Jus01 v Lowell Portfolio Court Claim

[Jus01]

Hi I received a court claim from Lowell Portfolio for an old Shop Direct account I had and couldn't keep up payments.
I have acknowledged the claim online and am currently making the letters to send off.

.Issue Date: 11th Jan 2018
Amount approx: 1959.19 with costs
Claimant: Lowell Portfolio Ltd
Solicitor:Cohen Cramer Solicitors
Original Creditor: Shop Direct
Particulars of Claim: Please type out in full excluding names/account numbers:
The claim is for the sum of £1642.77 due under an agreement regulated by the consumer credit act 1974 for a Shop Direct account with a ref of XXXXXX.
The defendant failed to maintain contractual payments required by the agreement and a Default Notice was served under s.87(1) of the Consumer Credit Act 1974 which has not been complied with.
The debt was legally assigned to the claimant on 24/Apr/2015 notice of which has been given to the defendant.
The claim includes statuory interest under s.69 of the county courts act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £131.42
The claimant claims the sum of £1774.19
Is the debt Statute Barred? Don't think so
List any letters you have sent: About to send CCA to Lowell and CPR, with copy of CCA to the solicitor.

Any advice would be grateful.
Thanks

[Jus01]

Re: Jus01 v Lowell Portfolio Court Claim

Hi I have completed the letters now and will be sending them first thing in the morning. Can I just have proof of posting or do I need recorded delivery?
I omitted Formal Demand on the CPR31.14 letter as it didn't mention any there but I did include contract and Agreement and default notice as they are all mentioned in there in various forms?

[nemesis45]

Re: Jus01 v Lowell Portfolio Court Claim

Hi I have completed the letters now and will be sending them first thing in the morning. Can I just have proof of posting or do I need recorded delivery?
I omitted Formal Demand on the CPR31.14 letter as it didn't mention any there but I did include contract and Agreement and default notice as they are all mentioned in there in various forms?

Signed for post is always best it gives you the date of delivery/signature which may well be useful later.

nem

[Jus01]

Re: Jus01 v Lowell Portfolio Court Claim

Ok thanks will do.

[Jus01]

Re: Jus01 v Lowell Portfolio Court Claim

Hi I have received a response from the solicitor this morning. I have attached the letter I hope you can read it ok? Not sure what I need to do next now?

[Kati]

Re: Jus01 v Lowell Portfolio Court Claim

[MENTION=55034]nemesis45[/MENTION] [MENTION=6]Amethyst[/MENTION]??

[Amethyst]

Re: Jus01 v Lowell Portfolio Court Claim

Generous of them.

There's a couple of ways you can go really. Wait for the 12 working days to be up for the agreement to be unenforceable while in breach of your CCA request and file your defence on that basis - as per http://legalbeagles.info/library/gui...-court-claims/

Or consider asking the court to enforce your CPR request for documents mentioned in the statement of case. ( Needs doing before Defence and allocation to track - there is a cost of the application ( £100 or £255 ) and it does carry a costs risk so depends on the facts of the case whether it's worthwhile ) It can result in an order for the claimant to provide the documents or their claim is struck out. They do mention the agreement, notice of assignment and default notice quite clearly in their claim particulars. First you'd draft the application and write to the claimant with a copy ( draft ) telling them you intend to apply so they should just provide the documents by X date to save the cost of the application. But as I say, this is more risky than just defending, but could get things sorted quicker.

Any idea when you originally opened the account ?
Any idea when it defaulted ? Any sign of it on your credit file? ( should show on there if it was under 6 years ago )

Before issuing the court claim had they sent you a Letter of Claim ? ( should have contained a reply form, income & expenditure sheet and information sheet )

Other than just not being able to keep up the payments, were there any issues with the account ?

( Either way you should do a Subject Access Request ( http://legalbeagles.info/library/gui...ccess-request/) to Shop Direct ( which catalogue this was for ? ) )

[nemesis45]

Re: Jus01 v Lowell Portfolio Court Claim

Hi I have received a response from the solicitor this morning. I have attached the letter I hope you can read it ok? Not sure what I need to do next now?

Hi standard response to CPR request.

Any response to the CCA request?

nem

[Jus01]

Re: Jus01 v Lowell Portfolio Court Claim

Ah ok, no nothing from CCA yet.

[Jus01]

Re: Jus01 v Lowell Portfolio Court Claim

Generous of them.

There's a couple of ways you can go really. Wait for the 12 working days to be up for the agreement to be unenforceable while in breach of your CCA request and file your defence on that basis - as per http://legalbeagles.info/library/gui...-court-claims/

Or consider asking the court to enforce your CPR request for documents mentioned in the statement of case. ( Needs doing before Defence and allocation to track - there is a cost of the application ( £100 or £255 ) and it does carry a costs risk so depends on the facts of the case whether it's worthwhile ) It can result in an order for the claimant to provide the documents or their claim is struck out. They do mention the agreement, notice of assignment and default notice quite clearly in their claim particulars. First you'd draft the application and write to the claimant with a copy ( draft ) telling them you intend to apply so they should just provide the documents by X date to save the cost of the application. But as I say, this is more risky than just defending, but could get things sorted quicker.

Any idea when you originally opened the account ?
Any idea when it defaulted ? Any sign of it on your credit file? ( should show on there if it was under 6 years ago )

Before issuing the court claim had they sent you a Letter of Claim ? ( should have contained a reply form, income & expenditure sheet and information sheet )

Other than just not being able to keep up the payments, were there any issues with the account ?

( Either way you should do a Subject Access Request ( http://legalbeagles.info/library/gui...ccess-request/) to Shop Direct ( which catalogue this was for ? ) )

Hi yes, I originally opened the account with Very in 2010. There was no issues and I always paid on time for years but my partner lost his job through an accident at work and then things became hard and he's never worked since. I just fell behind with payments and it got harder and harder to pay back so in the end I just concentrated on keeping a roof over my head. It was defaulted June 2015 according to my credit file it is on there. I don't remember seeing a letter of claim, I don't know.

[Jus01]

Hi, I still haven't heard anything from the CCA request although they did cash the cheque. Nothing back yet from the SAR request either. I'm going for the first option as I'm just about to loose my job in restructuring, so paying out may not be possible. Do I post my defence now?

[Jus01]

Hi, I have now put in my defence online and I received acknowledgement saying that if nothing is heard from the defendant within 28 days it will be stayed. Today I received a Notice of Small claims track and I have to complete a small claims directions questionnaire and file it with the court office by 2 March.
Should I mediate with Lowell considering they have not sent me anything from the CCA or anything at all?? Is this common practice?
Please could someone advise? Many thanks
Justine

[MIKE770]

Mediation = say yes - mediation at the time will ask if you have the documentation etc to mediate? if not you will say NO and they will state not suitable for mediation, unless of course you are trying to settle with offers, BUT if they have no correct or have not issued the required paperwork , you can always offer at a later date if that was the need

[Jus01]

Hi Mike thanks, I've seen a checklist on the back, and I don't have any documentation etc so I think I'll say no.

[MIKE770]

Hi Mike thanks, I've seen a checklist on the back, and I don't have any documentation etc so I think I'll say no.

you agree to shows willing to mediate if necessary, if you have not got requested paperwork MEDIATION will refer case back to court as I have tried to explain, you have to show reasonable effort to solve case and court time if the solicitors fail to supply requested paperwork then they may be sanctioned later?