**DISCONTINUED** court claim lowell bw legal :-(

[fishfood1]

lowell /BW Claimform - old CAt debt

hi

in need of some advice please, anyone who can help

I received a letter last year from Lowell and stupidly ignored it because I couldn't remember the debt.


I received another one 13/7/15 saying that id failed to make arrangements to pay etc..
. and it is passed to bw legal and to make contact with them.


I sent a short letter asking for details of this account etc...(shop direct )to bw .
bw legal letter that came with lowells letter stated they have been instructed to commence legal action if no response or payment received by 29/7/15.


I sent my response recorded delivery and I received a letter back from bw legal saying thanks for the letter we received it on the 29/7/15 etc..
. we have referred your request to original creditor.


today I have received a county court form N1 issue date 30/7/15. they have added interest and other costs

I have just acknowledged the form online so I read it that I have 33 days from today... what steps should I take should I contact bw legal or send cca request or cpr 18 not sure what to do really

I even stated in my letter to them that if I do owe it we can come to some sort of settlement figure or payments but they have not given me chance

if I owe it I will pay it but id like to know what im paying for first.


many thanks

[FlamingParrot]

Re: court claim lowell bw legal :-(

today I have received a county court form N1 issue date 30/7/15. they have added interest and other costs

I have just acknowledged the form online so I read it that I have 33 days from today...

That's not correct, the 33 days start from the date printed on the claim, not when you acknowledge, in this case it would be from the 30th of July not from today.

what steps should I take should I contact bw legal or send cca request or cpr 18 not sure what to do really

You need to send the CCA request to Lowell and a CPR 31.14 request to BW Legal for documents referred to on the particulars of claim. It would be useful if you could post them up. :typing:

See below for links to the letters to send. The Part 18 request you refer to is a request for further information.

2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )

I even stated in my letter to them that if I do owe it we can come to some sort of settlement figure or payments but they have not given me chance

if I owe it I will pay it but id like to know what im paying for first.

Do you remember when you took out this catalogue account?

[fishfood1]

Re: court claim lowell bw legal :-(

hi thanks for your speedy reply

to be honest im not sure I vaguely remember having an account my marriage broke up in march 2009 and I moved to rented accommodation but cant remember which address I would of been at, my ex husband never gave me any letters addressed to me hence not knowing its 6/7 years ago..

when you say post, do you mean put the particulars of the claim up on the thread?.

many thanks

[FlamingParrot]

Re: court claim lowell bw legal :-(

to be honest im not sure I vaguely remember having an account my marriage broke up in march 2009 and I moved to rented accommodation but cant remember which address I would of been at, my ex husband never gave me any letters addressed to me hence not knowing its 6/7 years ago..

Was that when you opened the account or when you last made a payment? If there's been no payments or written acknowledgement in at least 6 years, the debt could be statute barred, which is an absolute defence. :whoo:

when you say post, do you mean put the particulars of the claim up on the thread?.

Yes, either type them up or scan/take a picture of the claim and upload it, removing all personal details first.

[fishfood1]

Re: court claim lowell bw legal :-(

its got to be over six years ago that I paid anything, im almost certain, wish I could think back :tinysmile_cry_t:

POC
the claimants claim is for the sum of xxx being monies due from the defendant to the claimant under a home shopping agreement regulated by the consumer credit act 1974 between the defendant and shop direct finance company limited under account ref xxxxx and assigned to the claimant on 15/12/2009 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 includes statutory interest pursuant to section 69 of the county courts act 1984 at a rate of 8.00% per annum (a daily rate of 0.13 from the date of assignment of the agreement to 15/12/2010 being an amount of xxxx

I have not acknowledged anything only the letter I sent last week to bw for information I honestly cannot remember making any payments over the last six years.

many thanks

[FlamingParrot]

Re: court claim lowell bw legal :-(

its got to be over six years ago that I paid anything, im almost certain, wish I could think back :tinysmile_cry_t:
POC
the claimants claim is for the sum of xxx being monies due from the defendant to the claimant under a home shopping agreement regulated by the consumer credit act 1974 between the defendant and shop direct finance company limited under account ref xxxxx and assigned to the claimant on 15/12/2009 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 includes statutory interest pursuant to section 69 of the county courts act 1984 at a rate of 8.00% per annum (a daily rate of 0.13 from the date of assignment of the agreement to 15/12/2010 being an amount of xxxx

OK, based on the above, on your CPR 31.14 request you can ask for copies of the following:

• The credit agreement
• The notice of assigment
• The default notice

They should respond in 7 days as stated on the letter, if they don't you need to chase them up. There is no fee for this request.

You shouldn't chase the CCA request which is the one you send to Lowell with £1 fee, they are supposed to respond in 12+2 working days (but never, ever do). :grin:

Send both recorded delivery so you can track them. :typing:

I have not acknowledged anything only the letter I sent last week to bw for information I honestly cannot remember making any payments over the last six years.

many thanks

If that's the case, it would be statute barred. If you submit a SBd defence, the claimant will have to show that it isn't. Having said that, it's always a good idea to request the documents, etc. as Lowell never seem to be able to get their hands on anything resembling paperwork. Remember that non-compliance with a CCA request is a bar to enforcement for as long as they are in default and that can also be added to your defence as the chances of Lowell sending you something before the 14 working days are virtually nil.

With those catalogue accounts, the goods were often dispatched without a credit agreement being signed, so there may not be one to start with. All this can go in your defence in case it turns out not to be SBd which is obviously the most significant point. :thumb:

[fishfood1]

Re: court claim lowell bw legal :-(

many thanks for all your help and advice I will do this now and keep you posted :tinysmile_grin_t:

[nemesis45]

Re: court claim lowell bw legal :-(

lowell /BW Claimform - old CAt debt

hi

in need of some advice please, anyone who can help

I received a letter last year from Lowell and stupidly ignored it because I couldn't remember the debt.


I received another one 13/7/15 saying that id failed to make arrangements to pay etc..
. and it is passed to bw legal and to make contact with them.


I sent a short letter asking for details of this account etc...(shop direct )to bw .
bw legal letter that came with lowells letter stated they have been instructed to commence legal action if no response or payment received by 29/7/15.


I sent my response recorded delivery and I received a letter back from bw legal saying thanks for the letter we received it on the 29/7/15 etc..
. we have referred your request to original creditor.


today I have received a county court form N1 issue date 30/7/15. they have added interest and other costs

I have just acknowledged the form online so I read it that I have 33 days from today... what steps should I take should I contact bw legal or send cca request or cpr 18 not sure what to do really

I even stated in my letter to them that******* if I do owe it we can come to some sort of settlement figure or payments ****** This will no doubt be seen as an admission of liability but they have not given me chance

if I owe it I will pay it but id like to know what im paying for first.


many thanks

See above.

[FlamingParrot]

Re: court claim lowell bw legal :-(

Yes, a payment offer would acknowledge the debt, however, if the debt was already SBd at the time it wouldn't make any difference as once it's SBd it cannot be 'un-barred', not even by making a payment.

[fishfood1]

Re: court claim lowell bw legal :-(

hi
I only sent a brief letter I think on the Monday this week asking for more info because I was unsure of the debt I didn't admit to the debt in the letter.

if I haven't made a payment within six years or had verbal or written contact with either the original creditor or Lowell etc... is that when its SB.

thanks

[FlamingParrot]

Re: court claim lowell bw legal :-(

hi
I only sent a brief letter I think on the Monday this week asking for more info because I was unsure of the debt I didn't admit to the debt in the letter.

If it was that recent then it probably wouldn't have made much difference if the debt was already SBd and the clock stopped when they issued the claim which was just a few days later. :thumb:

if I haven't made a payment within six years or had verbal or written contact with either the original creditor or Lowell etc... is that when its SB.

thanks

You can have verbal or written contact as long as you don't make any payments or acknowledge the debt in writing, for example, by making a repayment offer. The acknowledgment has to be in writing, not over the phone. The six years start to run from the cause of action which is not exactly when you last made a payment because they would have no cause to take action at that point, it would be a bit later, for a catalogue account I think we could assume it would be after you missed a payment. Knowing Lowell, they may well come up with arguments but we'll deal with them if and when they put them to you.

[fishfood1]

Re: court claim lowell bw legal :-(

big thank you flamingparrot :tinysmile_grin_t:

[fishfood1]

Re: court claim lowell bw legal :-(

hi flaming parrot

on the cpr.31 there is a sentence "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 XXXX 201X" what date do I put in here
also I need to submit a defence to the court not sure what to do or put


many thanks

[nemesis45]

Re: court claim lowell bw legal :-(

hi flaming parrot

on the cpr.31 there is a sentence "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 XXXX 201X" what date do I put in here
also I need to submit a defence to the court not sure what to do or put


many thanks

Defence due 33 days from the date of service =but I use 28 days just for safety.
Take a looks at some of the Lowell threads with defences this will give you a better
idea of content and terminology.

Make a draft and post it here then it can be "tweked" if needed.

nem

[fishfood1]

Re: court claim lowell bw legal :-(

hi nem

just to clarify the date of service is the issue date on the court claim form

thanks