** DISCONTINUED *** County Court Claim: Lowell - JD Williams

[Amethyst]

Re: Do I have grounds for defence? County Court Claim: Lowell - JD Williams

Also, just to add, these companies like Lowell often buy these debts at 10p in the £1 so if you decided not to battle with them you could consider negotiating settlement at something in the region of 40-50% of the amount claimed ( it normally depends whether you offer a lump sum or installments to settle how much of a discount you can wangle )

[Mustbekarma]

Re: Do I have grounds for defence? County Court Claim: Lowell - JD Williams

My thoughts are you need to follow the steps outlined by Amethyst earlier , so CCA request , Cpr request and SAR

You can, at any point decide to offer a settlement but do you really want to pay anything you don't have to

When it comes to the defence, you really need to use the tried and tested method as just saying I don't think I owe it just won't stand up in court - but non compliance with a cca request would work.

However if there are lots of charges which the SAR will show up you might be able to claim those back

What happens though if they comply with the CCA request, and I find I don't have a leg to stand on in regards to my defence after saying I would defend? What happens to the case then?

I'm not so much bothered about the CCJ coz I haven't applied for credit in many years and never intend to. Plus I wouldn't be given it anyway. You could say I've learnt to live within my means. I am more concerned of being given a massive bill at the end of any court case that I can't afford to pay in a lump sum if expected to, or bailiffs coming round....not that there is much for them to take, but what I have got I'd like to keep

On some of the statements I have from Fashion World between 2008-12, it shows I was given TWO separate charges of £12 a month. They were in receipt of a regular monthly payment too from me during that time but the amount I was paying wasn't what they wanted me to pay. I read somewhere though that a company was allowed to charge up to £12 per charge, is that true?

Thank you for your help, much appreciated

[Mustbekarma]

Re: Do I have grounds for defence? County Court Claim: Lowell - JD Williams

Also, just to add, these companies like Lowell often buy these debts at 10p in the £1 so if you decided not to battle with them you could consider negotiating settlement at something in the region of 40-50% of the amount claimed ( it normally depends whether you offer a lump sum or installments to settle how much of a discount you can wangle )

I have actually received a letter today from Lowell Solicitors saying they have now issued Legal Proceedings but they are also saying I can still call their team to discuss paying the outstanding balance. It also says that if I can't pay in full they can discuss the options for payment with me.

I can only offer to repay in small instalments and in effect, it will take a few years to clear that balance at what I could offer them. Do I actually have the right to negotiate a discount if only paying by instalments?

Thanks for your help, greatly appreciated

[MIKE770]

Re: Do I have grounds for defence? County Court Claim: Lowell - JD Williams

begging you to give them monies for their hildays, await the form they always send them out

[Mustbekarma]

Re: Do I have grounds for defence? County Court Claim: Lowell - JD Williams

begging you to give them monies for their hildays, await the form they always send them out

I've already had the county court claim forms last Friday. For some reason they have taken almost a week to tell me that.

[MIKE770]

Re: Do I have grounds for defence? County Court Claim: Lowell - JD Williams

oh! yes that right, beggers belief the way the operate

[warwick65]

Re: Do I have grounds for defence? County Court Claim: Lowell - JD Williams

Hi again

Just so you know the process

You get the claim and you do all the stuff like acknowledge , send off the cca requests etc and submit your defence

If, once you submit your defence they decide to continue , you are sent a Directions questionnaire where you can tick to say you will go to mediation

At mediation you can make offers etc that the court will not know about and maybe get an arrangement or not and carry on

then it would go to court but Lowell might still discontinue before then

Right up until the court date you can offer a settlement

Of course depending on the strength of your hand i.e have they produced a default notice or the cca request or the assignment can depend on what you may want to offer ( if you do).

Personally i would never start with your best offer and maybe even as low as 10-15%

In the small claims track the costs are likely to be only what are printed on the claim form so long as you are reasonable , hence agreeing to mediation etc

I would really give it a go at this point but it is of course up to you = only you know what not having any hassle is worth to you

- - - Updated - - -

Do you know exactly when the account was opened - that is quite important, you say sometime around 2007 . April 2007 is quite a critical point in legislation

[warwick65]

Re: Do I have grounds for defence? County Court Claim: Lowell - JD Williams

http://legalbeagles.info/forums/show...o-Ltd-v-Studly

A thread where the poster fought them and won

[Mustbekarma]

Re: Do I have grounds for defence? County Court Claim: Lowell - JD Williams

Hi again

Just so you know the process

You get the claim and you do all the stuff like acknowledge , send off the cca requests etc and submit your defence

If, once you submit your defence they decide to continue , you are sent a Directions questionnaire where you can tick to say you will go to mediation

At mediation you can make offers etc that the court will not know about and maybe get an arrangement or not and carry on

then it would go to court but Lowell might still discontinue before then

Right up until the court date you can offer a settlement

Of course depending on the strength of your hand i.e have they produced a default notice or the cca request or the assignment can depend on what you may want to offer ( if you do).

Personally i would never start with your best offer and maybe even as low as 10-15%

In the small claims track the costs are likely to be only what are printed on the claim form so long as you are reasonable , hence agreeing to mediation etc

I would really give it a go at this point but it is of course up to you = only you know what not having any hassle is worth to you

- - - Updated - - -

Do you know exactly when the account was opened - that is quite important, you say sometime around 2007 . April 2007 is quite a critical point in legislation

Thank you for all this info, it has helped me understand the process better. I have read through a couple of cases on the forum and will read the one you've given me a link to as well.

The account was opened either 2005/06 time I believe, it was definitely before 2007. The last order I ever placed with them was in March 2007.

[Mustbekarma]

Re: Do I have grounds for defence? County Court Claim: Lowell - JD Williams

Hi,

Please can someone tell me how the legislation in April 2007 changed in comparison to 2006 as I have found that I opened my account in February 2006.

Thank you in advance

[warwick65]

Re: Do I have grounds for defence? County Court Claim: Lowell - JD Williams

Hi

If an account was opened pre April 2007 there has to be a signed agreement that included all the prescribed terms. If they can not provide your signed copy they would need to provide a reconstituted copy ( i.e a copy of what they would have given you) and then convince a judge ( if you deny signing one) that on balance you would have signed it. It gets a little more complicated after 2005 because if you applied online a tickbox is enough for a signature

[Mustbekarma]

Re: Do I have grounds for defence? County Court Claim: Lowell - JD Williams

....

[Mustbekarma]

Re: Do I have grounds for defence? County Court Claim: Lowell - JD Williams

Please can someone tell me if I am asking for the right things in regards to the CPR request as I need to get it sent off.

1. The Agreement
2. Default Notice
3. Deed of Assignment ? It was mentioned in another thread that I read through to ask for the Deed.
4. Notice of Assignment
5. Formal Demand - Is it right to ask for a formal demand even though the words 'formal demand' are not mentioned in the particulars of claim. The particulars say "repeated requests"

Thanks in advance

[MIKE770]

Re: Do I have grounds for defence? County Court Claim: Lowell - JD Williams

only items mentioned in the particulars of claim , other areas later stage

[Amethyst]

Re: Do I have grounds for defence? County Court Claim: Lowell - JD Williams

In the CPR 31.14 request you can ask for the agreement, the default notice and the notice of assignment

The Particulars Of Claim

1) The Defendant entered into a Consumer Credit Act 1974 regulated agreement with JD Williams under account reference XXXXXXX ('The Agreement')

2) The Defendant failed to maintain the required payments and a default notice was served and not complied with.

3) The Agreement was later assigned to the Claimant on XX/1/2016 and notice given to the Defendant.

4) Despite repeated requests for payment, the sum of £1,250,00 remains due and outstanding.
And the Claimant claims
a) The said sum of £1,250.00
b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.30, but limited to one year, being £98.00
c) Costs