** DiScOnTinUeD ** BC/Lowell V Kelike28 ** WON **

[kelike28]

Hi All,

Forgive me if i should be asking this elsewhwere, this is my first thread and im in a little panic. I had a letter from BC a few weeks ago asking for me to arrange a payment of an old debt to Very (which got sold to lowell) then passed to him. Through various reasons i stopped paying Lowell sometime ago and having moved a few times things have obviously lapsed and only just come to my attention again. I admit to oweing the money and tried to make an arrangemnet via BC website which my last 3 or 4 emails have just been ignored. Then i have a letter saying a claim form from Northampton would be with me withihng 48hrs which is was the next morning. I am filling the forms out but confused as i agree to owing the money but dont see why i should pay extra interest and fees when id already made an offer via the website prior to getting this claim form. What should i do, i feel sick at the thought of a CCJ.
Thanks

[Amethyst]

Re: Bryan Carter on behalf of Lowell Claim form

Hi, Try not to panic, you have the evidence of your emails sent prior to the court claim being issued. I would complete the forms (and return them TO THE COURT and send a COPY to BC ) stating a partial admission to the claim (the amount you admit you owe and want to pay) and that you intend to defend the remainder of the claim.

[FlamingParrot]

Re: Bryan Carter on behalf of Lowell Claim form

Hi All,

Forgive me if i should be asking this elsewhwere, this is my first thread and im in a little panic. I had a letter from BC a few weeks ago asking for me to arrange a payment of an old debt to Very (which got sold to lowell) then passed to him. Through various reasons i stopped paying Lowell sometime ago and having moved a few times things have obviously lapsed and only just come to my attention again. I admit to oweing the money and tried to make an arrangemnet via BC website which my last 3 or 4 emails have just been ignored. Then i have a letter saying a claim form from Northampton would be with me withihng 48hrs which is was the next morning. I am filling the forms out but confused as i agree to owing the money but dont see why i should pay extra interest and fees when id already made an offer via the website prior to getting this claim form. What should i do, i feel sick at the thought of a CCJ.
Thanks

Hi, Try not to panic, you have the evidence of your emails sent prior to the court claim being issued. I would complete the forms (and return them TO THE COURT and send a COPY to BC ) stating a partial admission to the claim (the amount you admit you owe and want to pay) and that you intend to defend the remainder of the claim.

A partial admission will very likely result in a CCJ for the amount admitted.

Wouldn't it be possible to make a partial settlement offer instead? How much is the amount claimed?

If it's an old catalogue account, it may be possible to dispute it on the basis of no signed agreement, as they often didn't require one before sending out the goods.

[kelike28]

Re: Bryan Carter on behalf of Lowell Claim form

Ouch, i just wrote out so much and it has disappeared!! Do i send forms N9A, N9CPC and N9B back to the court with a copy to BC?

[kelike28]

Re: Bryan Carter on behalf of Lowell Claim form

it is for very catalogue £1698.44 to which interest of £516.38 has been added plus court costs and sols fees...total now 2399.82. I opened the account around 2007, i cant remember how when etc i opened it. HOw can i avoid a CCJ? Only way is to pay in full what they are askign as i dont have anthing near that amount. Im devestated at this, really does stop one functioning properly. Thanks for helping me with advice

[kelike28]

Re: Bryan Carter on behalf of Lowell Claim form

Sorry guys but could any of you tell me... If I offer part settlement would it have to be a large amount and paid in full. This is still not likely to work for me as have no spare funds

[Amethyst]

Re: Bryan Carter on behalf of Lowell Claim form

If you really want to avoid the CCJ then I would firstly enter your acknowledgment of service saying you intend to defend the claim, then send a CCA request off to Lowell and a CPR 31.14 off to Bryan Carter.

Then give it a bit and see what comes back, and as they probably won't have the documents they may well negotiate with you, some people get a tomlin order to make a reduced settlement by installments (ie. the claim sits with the court in case you don't make payments but you don't have a CCJ).

[kelike28]

Re: Bryan Carter on behalf of Lowell Claim form

Ok. So I can defend the claim even if I've paid lowell for it in the past? Does defending it just give me some more time. I really don't want a ccj... If I can agree an installment plan that would be Ok afterall this is what if asked BC but got no reply.

[FlamingParrot]

Re: Bryan Carter on behalf of Lowell Claim form

Ok. So I can defend the claim even if I've paid lowell for it in the past? Does defending it just give me some more time. I really don't want a ccj... If I can agree an installment plan that would be Ok afterall this is what if asked BC but got no reply.

Yes, you can defend even if you paid in the past, you're not denying having the account, you're just asking them to produce the documents alluded to in their particulars of claim. Any idea when you took out the catalogue?

Just because you state your intention to defend at the moment, it doesn't mean you can't make an offer of settlement later on, if they produce all the documents, etc. you could settle right up to the day of the hearing (if it got that far). :thumb:

[FlamingParrot]

Re: Bryan Carter on behalf of Lowell Claim form

Ouch, i just wrote out so much and it has disappeared!! Do i send forms N9A, N9CPC and N9B back to the court with a copy to BC?

Not if you don't want a CCJ! :scared:

it is for very catalogue £1698.44 to which interest of £516.38 has been added plus court costs and sols fees...total now 2399.82. I opened the account around 2007, i cant remember how when etc i opened it.

Any idea whether it was before or after April 2007? I would help if it was before. :grin:

HOw can i avoid a CCJ? Only way is to pay in full what they are askign as i dont have anthing near that amount. Im devestated at this, really does stop one functioning properly. Thanks for helping me with advice

Sorry guys but could any of you tell me... If I offer part settlement would it have to be a large amount and paid in full. This is still not likely to work for me as have no spare funds

It would be paid in installments, as Ame said above, you could arrange for a Tomlin Order if it comes to that. For now, you could just do as she suggested above and send Lowell a CCA request and a CPR 31.14 to BC. Take a look at this thread for reference: http://www.legalbeagles.info/forums/...322#post418322

[kelike28]

Re: Bryan Carter on behalf of Lowell Claim form

I've just checked my credit file. It says start date 8.11.00 Blimey. That long ago. I assumed once I'd got married and used it again it was a new account but obviously just same old account. So my very next step is just to acknowledge claim plus letter to Lowell and to BC.. I'm so nervous I'm sure I will get this wrong.
Default date 12.7.10 last updated 8.5.13

[FlamingParrot]

Re: Bryan Carter on behalf of Lowell Claim form

I've just checked my credit file. It says start date 8.11.00 Blimey. That long ago. I assumed once I'd got married and used it again it was a new account but obviously just same old account.

That's excellent news! :whoo:

First of all, s.127 of the CCA stops a court from enforcing a debt unless there was a properly executed agreement containing all the prescribed terms in the first place, however, this section was repealed in April 2007, but it would still apply to any accounts opened before that time, hence my question. :grin:

From past history, it's highly unlikely there would even have been such an agreement to start with, for a catalogue account from 2000, since they didn't usually require people to sign one before sending out the goods. For that reason, most of them would be unenforceable. :high5:

So my very next step is just to acknowledge claim plus letter to Lowell and to BC.. I'm so nervous I'm sure I will get this wrong.
Default date 12.7.10 last updated 8.5.13

Calm down, you have a very good chance of defending this one, as above. :dance:

Yes, you need to acknowledge the claim and state your intention to defend it in full (tick that box), you can do it online. :typing: That should give you an extra 14 days to submit a defence, a total of 33 days form the date on the claim.

Once you've done that:

• send the CCA request letter to Lowell - they should respond in 14 days.
• send the CPR 31.14 request letter to Bryan Carter - they should respond in 7 days.

Send them both recorded delivery so you can track them.

[kelike28]

Re: Bryan Carter on behalf of Lowell Claim form

That's excellent news! :whoo:

First of all, s.127 of the CCA stops a court from enforcing a debt unless there was a properly executed agreement containing all the prescribed terms in the first place, however, this section was repealed in April 2007, but it would still apply to any accounts opened before that time, hence my question. :grin:

From past history, it's highly unlikely there would even have been such an agreement to start with, for a catalogue account from 2000, since they didn't usually require people to sign one before sending out the goods. For that reason, most of them would be unenforceable. :high5:

Calm down, you have a very good chance of defending this one, as above. :dance:

Yes, you need to acknowledge the claim and state your intention to defend it in full (tick that box), you can do it online. :typing: That should give you an extra 14 days to submit a defence, a total of 33 days form the date on the claim.

Once you've done that:

• send the CCA request letter to Lowell - they should respond in 14 days.
• send the CPR 31.14 request letter to Bryan Carter - they should respond in 7 days.

Send them both recorded delivery so you can track them.

Ok, thanks for your time, i feel better already with your advice on board. I have acknowledged the claim, with intention to defend in full, so i now today..send the letters to Lowell and BC.
Do i send to Lowell and put them as creditor or Very catalogue info?

Thanks

[FlamingParrot]

Re: Bryan Carter on behalf of Lowell Claim form

Ok, thanks for your time, i feel better already with your advice on board. I have acknowledged the claim, with intention to defend in full, so i now today..send the letters to Lowell and BC.

Thanks

That's a good start! :clap2:

Do keep an eye on the timescales. :clock:

You shouldn't chase Lowell for the CCA request, if they don't respond, this fact can be used in your defence. :thumb:

If BC haven't responded in 7 days (they won't, but you have to follow the process), you need to chase them for the documents and ask them to agree to an extension to file your defence.

Do post up if you hear anything, or if you don't hear anything once the 7 days are up, which is much more likely. :typing:

[kelike28]

Re: Bryan Carter on behalf of Lowell Claim form

does anyone know the actuall address to use for Lowell? thanks

also can i just put a £1 inside as recorded so im assuming it will be safe haha? Or how else would i give them the money?

cheers again and again.