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Firstly, I just want to say how useful this forum has been in helping me understand the situation I find myself in (im new here, I hope I am doing this right). I am now in a position to try and move forward and am asking for any help that you can give me.
I have received a Claim Form, claimant Lowell Portfolio 1 LTD being dealt with by BW Legal in the Northampton County Court. It refers to a Littlewoods account opened in July 2007.
Particulars of Claim:
"The Claimant’s Claim is for the sum of 3.531.83 being monies due from the Defendant to the Claimant under a Mail Order agreement regulated by the Consumer Credit Act 1973 between the Defendant and Shop Direct Finance Company Limited
Under account reference XXXXXXXX and assigned to the Claimant on 26/02/2010 notice of which has been given to the defendant. The defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with.
The Claim also included statutory interest pursuant to section 69 of the County Courts Act 1984 ar a rate of 8.00% per annum (a daily rate of 0.57) from the date of assignment of the agreement to the date of issue (27/11/2013) being an amount of 781.47"
My initial questions and ones I hope someone can help with are:
If I go onto the moneyclaim website and do an Acknowledgment of Service, is it still possible to negotiate with the Claimants if I choose to not defend the claim further down the line or does filling in an AOS mean I must submit a defence?
I have since found documents which show that the account was opened in July 2007, so post-April 2007 which is a date I often see people mention on the forums. I have seen on this website and others that if the account was opened before April 2007 then in many cases a CCA request can be sent often leading to the Claimant not being able to provide a signed agreement. I have also found documents they sent me when the account was active called ‘fixed loan agreement regulated by the Consumer Credit Act 1974’ of which I have two copies for orders I placed, both with their signature on but not mine, (I was supposed to sign/date both copies) one copy was supposed to be returned to them but never was.
Do these documents show that I have not signed an agreement or is this not valid for accounts open after April 2007?
Should I (and who should I, BW Legal or Lowell) contact the Claimant and try and discuss ways to avoid a judgement, I would obviously prefer to agree monthly payments with them without the need to go to court. I have also seen mentioned Tomlin Orders and wondered if this is something I should be looking into or mentioning to them?
I started to get into payment difficulties when the account reached £770.23 in July 2009 since then they have added interest etc. taking it to £2585.36 and now since adding the interest mentioned in the particulars this has risen again to £3366.83 and £3531.83 after court/solicitor fees.
I just need to get my head around these initial questions and then I will understand better what I should do next. The advice on this forum is so valuable, thank you in advance to anyone who has taken the time to read this.
-me
I have received a Claim Form, claimant Lowell Portfolio 1 LTD being dealt with by BW Legal in the Northampton County Court. It refers to a Littlewoods account opened in July 2007.
Particulars of Claim:
"The Claimant’s Claim is for the sum of 3.531.83 being monies due from the Defendant to the Claimant under a Mail Order agreement regulated by the Consumer Credit Act 1973 between the Defendant and Shop Direct Finance Company Limited
Under account reference XXXXXXXX and assigned to the Claimant on 26/02/2010 notice of which has been given to the defendant. The defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with.
The Claim also included statutory interest pursuant to section 69 of the County Courts Act 1984 ar a rate of 8.00% per annum (a daily rate of 0.57) from the date of assignment of the agreement to the date of issue (27/11/2013) being an amount of 781.47"
My initial questions and ones I hope someone can help with are:
If I go onto the moneyclaim website and do an Acknowledgment of Service, is it still possible to negotiate with the Claimants if I choose to not defend the claim further down the line or does filling in an AOS mean I must submit a defence?
I have since found documents which show that the account was opened in July 2007, so post-April 2007 which is a date I often see people mention on the forums. I have seen on this website and others that if the account was opened before April 2007 then in many cases a CCA request can be sent often leading to the Claimant not being able to provide a signed agreement. I have also found documents they sent me when the account was active called ‘fixed loan agreement regulated by the Consumer Credit Act 1974’ of which I have two copies for orders I placed, both with their signature on but not mine, (I was supposed to sign/date both copies) one copy was supposed to be returned to them but never was.
Do these documents show that I have not signed an agreement or is this not valid for accounts open after April 2007?
Should I (and who should I, BW Legal or Lowell) contact the Claimant and try and discuss ways to avoid a judgement, I would obviously prefer to agree monthly payments with them without the need to go to court. I have also seen mentioned Tomlin Orders and wondered if this is something I should be looking into or mentioning to them?
I started to get into payment difficulties when the account reached £770.23 in July 2009 since then they have added interest etc. taking it to £2585.36 and now since adding the interest mentioned in the particulars this has risen again to £3366.83 and £3531.83 after court/solicitor fees.
I just need to get my head around these initial questions and then I will understand better what I should do next. The advice on this forum is so valuable, thank you in advance to anyone who has taken the time to read this.
-me
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