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

[humanbean]

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

Not quite HB,

If the account/agreement is not regulated then the CCA request will be rejected. CPR 31 . 14 is only relevant until the claim is allocated to the small claims track so they may say they are not going to comply and say check your own records.
What we need to find out is IF the CCA request is valid here or not.

nem

I will find out first thing tomorrow and report back

thanks
humanbean

[humanbean]

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

Seconded!
:beagle:



####

Thank you charitynjw !! :goodjob: maybe I wont need to send another CCA

(I was thinking I may try and ring Lowell tomorrow and actually just ask them to spell out their 'Lowell Portfolio' name in full. To be doubly sure .. I haven't looked for a number yet, just a thought)

your help is very much appreciated!
humanbean

[nemesis45]

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

Hi nemesis,
thanks very much for your feedback!
I will certainly do as you suggested and ring SHOP DIRECT on Monday.
So, basically, if this account isn't regulated under CCA 1974 they may argue CPR 31.14 doesn't apply.
(Hmm .. would they still have to fulfill my CCA Request?)
Oh well .. I'll cross that bridge when I come to it. For now I'll ring them, see what they say and report back.
Thank you very much for your guidance and input
Its very much appreciated
humanbean uersmiley:

Not quite HB,

If the account/agreement is not regulated then the CCA request will be rejected. CPR 31 . 14 is only relevant until the claim is allocated to the small claims track so they may say they are not going to comply and say check your own records.
What we need to find out is IF the CCA request is valid here or not.

nem

[humanbean]

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

Hi nemesis,
thanks for your input. What is the significance if my agreement was non-regulated?


humanbean :confused2:

To he best of my knowledge Shop Direct /Catalogue accounts are regulated under CCA 1974, which is why it was suggested you check with SD on Monday,.

It leaves the claimant without obligation to provide an agreement and s it's probable that they will argue that CPR 31.14 wont apply as the claim will be allocated to the SCT getting information is more difficult.

nem

Hi nemesis,
thanks very much for your feedback!
I will certainly do as you suggested and ring SHOP DIRECT on Monday.
So, basically, if this account isn't regulated under CCA 1974 they may argue CPR 31.14 doesn't apply.
(Hmm .. would they still have to fulfill my CCA Request?)
Oh well .. I'll cross that bridge when I come to it. For now I'll ring them, see what they say and report back.
Thank you very much for your guidance and input
Its very much appreciated
humanbean uersmiley:

[nemesis45]

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

Hi nemesis,
thanks for your input. What is the significance if my agreement was non-regulated?


humanbean :confused2:

To he best of my knowledge Shop Direct /Catalogue accounts are regulated under CCA 1974, which is why it was suggested you check with SD on Monday,.

It leaves the claimant without obligation to provide an agreement and s it's probable that they will argue that CPR 31.14 wont apply as the claim will be allocated to the SCT getting information is more difficult.

nem

[charitynjw]

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

I believe it's 1 xx

Seconded!
:beagle:

Thanks charitynjw
I have to say it looks like an 'I' on the CLAIM FORM (a capitol 'i')

'LOWELL PORTFOLIO I LTD'

If this is the case, I will have to send another CCA and postal order (to the right company!!!)
(it will be my third, as I got the cheque wrong on the first. This is turning into a nightmare

Would somebody have a look at their name and tell me what they think?
Someone must know
I know this sounds like a silly thing to lose it over, but am struggling here.

thank you
humanbean :thumb:

####

[humanbean]

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

The Claimant's name is that given on the court claim form.

Thanks charitynjw
I have to say it looks like an 'I' on the CLAIM FORM (a capitol 'i')

'LOWELL PORTFOLIO I LTD'

If this is the case, I will have to send another CCA and postal order (to the right company!!!)
(it will be my third, as I got the cheque wrong on the first. This is turning into a nightmare

Would somebody have a look at their name and tell me what they think?
Someone must know
I know this sounds like a silly thing to lose it over, but am struggling here.

thank you
humanbean :thumb:

[humanbean]

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

Hi,

I see that the POC state " non regulated agreement" If I were you humanbean I 'd be on the phone to Shop Direct enquiring if their account s are regulated or not.

There has been some other claims issued by Lowell/ Lowell solicitors with the same detail in the POC not seen any outcome on those personally, this and other faulty POC's are becoming familiar with Lowell.

nem

Hi nemesis,
thanks for your input. What is the significance if my agreement was non-regulated?


humanbean :confused2:

[charitynjw]

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

Hi ALL,
ANOTHER QUESTION .. (thank you !!) :help::help::help::help:

Are the Claimants 'LOWELL PORTFOLIO 1 LTD' or 'LOWELL PORTFOLIO I LTD' ?

I sent off the CCA to 'LOWELL PORTFOLIO 1 LTD' and now I'm afraid I've got it wrong. If their name is wrong then the crossed £1 postal order I sent to them with the CCA will also be no good!

Would really welcome some feedback (hopefully reassuring!!) as I'm feeling quite stressed about this.
If I have got it wrong again, then I need to correct my mistake.

PLEASE ADVISE !! thank you
human bean :faint:

'Lowell Portfolio 1 LTD' .. or .. 'Lowell Portfolio I LTD?'

Also, just to say .. have looked online and references to them seem evenly split between the two names

I SENT MY CCA & POSTAL OPRDER TO 'LOWELL PORTFOLIO 1 LTD'
DID I GET THEIR NAME RIGHT?

PLEASE ADVISE (thank you)
humanbean :noidea:

The Claimant's name is that given on the court claim form.

[nemesis45]

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

Hi,

I see that the POC state " non regulated agreement" If I were you humanbean I 'd be on the phone to Shop Direct enquiring if their account s are regulated or not.

There has been some other claims issued by Lowell/ Lowell solicitors with the same detail in the POC not seen any outcome on those personally, this and other faulty POC's are becoming familiar with Lowell.

nem

[Kati]

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

'Lowell Portfolio 1 LTD' .. or .. 'Lowell Portfolio I LTD?'

Also, just to say .. have looked online and references to them seem evenly split between the two names

I SENT MY CCA & POSTAL OPRDER TO 'LOWELL PORTFOLIO 1 LTD'
DID I GET THEIR NAME RIGHT?

PLEASE ADVISE (thank you)
humanbean :noidea:

I believe it's 1 xx

[humanbean]

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

'Lowell Portfolio 1 LTD' .. or .. 'Lowell Portfolio I LTD?'

Also, just to say .. have looked online and references to them seem evenly split between the two names

I SENT MY CCA & POSTAL OPRDER TO 'LOWELL PORTFOLIO 1 LTD'
DID I GET THEIR NAME RIGHT?

PLEASE ADVISE (thank you)
humanbean :noidea:

[humanbean]

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

Hi ALL,
ANOTHER QUESTION .. (thank you !!) :help::help::help::help:

Are the Claimants 'LOWELL PORTFOLIO 1 LTD' or 'LOWELL PORTFOLIO I LTD' ?

I sent off the CCA to 'LOWELL PORTFOLIO 1 LTD' and now I'm afraid I've got it wrong. If their name is wrong then the crossed £1 postal order I sent to them with the CCA will also be no good!

Would really welcome some feedback (hopefully reassuring!!) as I'm feeling quite stressed about this.
If I have got it wrong again, then I need to correct my mistake.

PLEASE ADVISE !! thank you
human bean :faint:

[humanbean]

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

Thank you very much for your help Kati :okay:
will get on that CPR and send it to Cohen Cramer Solicitors !!

human bean :car:

[Kati]

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

33 days from DATE OF ISSUE on the claim form

Hi ALL, :help:

Here is my 'PARTICULARS OF CLAIM' from Claim form I received. It is dated '14th April 16'.

QUESTION: AM I RIGHT IN THINKING THAT IN MY CPR 31.14 I CAN ONLY ASK FOR THE:

NOTICE OF ASSIGNMENT
and the
THE ACCOUNT AGREEMENT (is this the 'credit agreement'?)
as this is all it seems to mention in my 'particulars of claim' .. ? (SEE BELOW)

'PARTICULARS OF CLAIM'
---------------------------
The claim is for the sum of £2200 due by the Defendant under a non-regulated Shop-Direct account reference of M#########
The Defendant failed to maintain contractual payments required under the terms of the account agreement.
The debt was legally assigned to the claimant on 06/Dec/2010, notice of which has been given to the defendant. The claim includes statutory 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 £177ish
The Claimant claims the sum of £2400.00 (ish)

ANY INPUT GRATEFULLY APPRECIATED !!
human bean :okay:

Looks like it HB ... they don't say anything about you defaulting from what I can see (so no DN) :noidea:

:bump: for @nemesis45 xx