!! Won !! Notice of impending Legal Action: 5 year old Catologue Debt

[humanbean]

Hi All at legal beagles,

5 years ago my life was very chaotic. Now I am disabled with Spinal Injury and other conditions and unable to work.

I recently successfully defended a County Court Claim by CABOT for a 6k CREDITCARD Debt. They weren't able to provide CCA & CPR documents so I won.

It has only been 3 months since my victory and now I have received a 'Notice of Impending Legal Action' by Lowell, represented by solicitors Cohen Cramer
It is for a £2,201 CATALOGUE debt which went into Default in 29/11/2010.

My question is should I defend this Catalogue debt in the same way as I defended my Credit Card debt?
Are there any differences I should know about?

Thank you
humanbean

[Celestine]

Re: Notice of impending Legal Action: 5 year old Catoloogue Debt

Yep pretty much the same. What year did you open the catalogue account and how did you order your first goods? Online or over phone?

At least you're now well versed in the procedures! Xx

[humanbean]

Re: Notice of impending Legal Action: 5 year old Catoloogue Debt

What year did you open the catalogue account and how did you order your first goods? Online or over phone?

The year I opened the account was 1996 and I ordered my first goods over the phone. Is this helpful? (please say yes !)

I'm daunted by my visit to noddle, There is a LOT of debt there, which runs out this year! I'm wondering if I will get 5-6 court claims against me in the next 6 months?

Thank you for your help:stars:
humanbean

[Celestine]

Re: Notice of impending Legal Action: 5 year old Catoloogue Debt

You may get claims, this is certainly 'sniper alley' when it comes to debts falling off credit files etc.

OK, when you ordered your first goods on the phone, did you set up the credit account at the same time? Or was it set up separately and how?

Have you sent off a CCA request yet, maybe now is the time.

[humanbean]

Re: Notice of impending Legal Action: 5 year old Catoloogue Debt

OK, when you ordered your first goods on the phone, did you set up the credit account at the same time? Or was it set up separately and how?

Hi Celestine,
Its difficult to remember, but I think I filled in a form and sent it off, then I received a catalogue through the post with a covering letter explaining I had 'x' amount of credit to spend on it.

Have you sent off a CCA request yet, maybe now is the time.

I didn't send a CCA, as I haven't actually received the 'Court Claim' yet, just a definite 'Notice' that one is on the way. I will get on to it. Thanks
humanbean:thumb:

[humanbean]

Re: Notice of impending Legal Action: 5 year old Catoloogue Debt

Er .. hang on .. is it possible to send off a CCA before I get the County Court Claim Form? :tinfoil3: humanbean

[Celestine]

Re: Notice of impending Legal Action: 5 year old Catoloogue Debt

Yes you can send a CCA anytime. Perhaps you're muddling with CPR requests? X

[Kati]

Re: Notice of impending Legal Action: 5 year old Catoloogue Debt

Er .. hang on .. is it possible to send off a CCA before I get the County Court Claim Form? :tinfoil3: humanbean

Yes you can send a CCA anytime. Perhaps you're muddling with CPR requests? X

CCA = request for a copy of the agreement you signed (can be asked for ANY time)
CPR = request for documents specified in the POC of a court claim

^^^ simple explanation (eg; what I understand :lol xx

[humanbean]

Re: Notice of impending Legal Action: 5 year old Catoloogue Debt

ok thank you will get on it

(any clarification to aid my murky understanding is much appreciated!!)

humanbean:bathbaby:

[humanbean]

Re: Notice of impending Legal Action: 5 year old Catoloogue Debt

Hi all,
Question: Sending off the CCA letter.
Do I send off the ORIGINAL 'MASTERCOPY' with my ink signature and keep a COPY for my records, or the other way round?

(annoyingly I did know this last year but have forgotten and can find no reference to this in my research)

Thanks in advance
humanbean

[Kati]

Re: Notice of impending Legal Action: 5 year old Catoloogue Debt

Hi all,
Question: Sending off the CCA letter.
Do I send off the ORIGINAL 'MASTERCOPY' with my ink signature and keep a COPY for my records, or the other way round?

(annoyingly I did know this last year but have forgotten and can find no reference to this in my research)

Thanks in advance
humanbean

either or I believe (but personally I'd send them the original ) ... don't forget to keep a copy of the postal order and write "for statutory fee only" on the back xx

[humanbean]

Re: Notice of impending Legal Action: 5 year old Catoloogue Debt

HELP NEEDED!

Hi All, thanks Kati,
(Ok, looks like I've messed up already).

I sent off the CCA yesterday.
But I didn't write 'for statutory fee only' on the back of the postal order (which I stapled to the CCA Request).
Also, I didn't save a copy of the postal order, though I made a note of the postal order number on my copy of the request I saved for my records.

Should I send another copy putting those things right?
(I'd rather it was watertight)
Please advise !!!!
THX
humanbean :bounce:don't want them just taking that £1 off the alleged debt!

[humanbean]

Re: Notice of impending Legal Action: 5 year old Catoloogue Debt

HELP NEEDED!

Hi All, thanks Kati,
(Ok, looks like I've messed up already).

I sent off the CCA yesterday.
But I didn't write 'for statutory fee only' on the back of the postal order (which I stapled to the CCA Request).
Also, I didn't save a copy of the postal order, though I made a note of the postal order number on my copy of the request I saved for my records.
Lastly, I wrote on the back of the postal order, 'to pay for CCA Request in response to Court Claim.. I put my account number instead of the court claim number!



Should I send another copy putting those things right? I'm guessing yes.
(I'd rather it was watertight)
Please advise !!!!
THX
will try harder.
humanbean :bounce:don't want them just taking that £1 off the alleged debt!

[humanbean]

Re: Notice of impending Legal Action: 5 year old Catoloogue Debt

hi all,

if you read the my last installment you will know that I missed a couple of things when sending off my CCA request on the 18th (didn't put 'for statutory fee only' on the back of the £1 postal order and didn't make a copy of the cheque for my records ..). Not a complete disaster, but I decided to send off the CCA request again today, hopefully doing everything right this time!

On the back of the cheque I wrote,' for statutory fee only, Court claimC#########, CCA Request, Mr. human bean'. This time I also have a photocopy of the postal order made out to 'Lowell Portfolio 1 LTD'.
Finally it all got sent off Royal Mail 1st class signed for (for proof of postage and recorded delivery-receipt for postage stapled onto my copy ).

Also, I managed to get my 'Acknowledgement of Service' sent off to the Court Manager at Northampton County Court, saving a copy for myself, again using Royal Mail 1st class signed for.

So I suppose that leaves my CPR 31.14 to do?!
NOTE:
(found it all a bit 'stressy' today, even though I've done all this before (and won). I have found I forget the details and its so easy to make mistakes. Still, that's the territory I suppose. I made a little bit of progress today. Any feedback would be very much appreciated. Did it sound all right what I finally wrote on the back of the cheque?
Did my decision to re-send the CCA hold water? (hope so!)

thank you everybody :tea: best regardz mr human bean

[humanbean]

Re: Notice of impending Legal Action: 5 year old Catoloogue Debt

Also just to say the CLAIM FORM has arrived, its dated 14th April. I sent off my 'Acknowledgement of service' today. Will this give me 28 days from 5 days after this date? (14th April) to prepare and return my Defence?
:confused2: thanks people