Poor Ammy Vs Lowell!!

[PoorAmy]

Hello awesome people:

I am glad this forum exists in the world of Putin and Trump and big corporations where the ordinary souls like us get some relief. I am summing up my calamity below:

1. I used a Creation card 3-4 years ago. All going well. Spending and paying.
2. There came a big transaction that was approx £1,500 worth that I did not own but Creation could not address it in time. That remained disputed. I did pay approx £600 through the direct debit.
3. I changed my home in the meantime and was unaware that the direct debit started bouncing. Did not get any letters either.
4. In short this July, Lowell Solicitors sent me a CCJ and asked me to cough up £3,000 immediately otherwise they would get a CCJ against me.
5. Thanks to you amazing people, I managed to write to them and asked for the original agreement to pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.
6. They remained silent for 3 months and then came back in November with the message - the contract found. Here it is and they posted me copies as well.
7. The threatening process started 'if you don't pay the whole amount, we are getting the CCJ. The deadline is around the Boxing Day - isn't it ridiculous? )
8. Now I want to know my options. I am out of work and cannot afford to pay more than £50 a month. They don't agree. They need it all otherwise, ..........!
9. I told them about the disputed transaction that I raised with Creation but they say they don't have anything to do with it blah blah blah
10. VERY IMPORTANT: The CCJ acknowledgment was sent in July 2017 in time. However, the DEFENCE has not been submitted yet as we could not arrive at that stage due to the paper work in progress.
11. QUESTIONS: Should I offer Lowell the best payment I could make (£50 per month) or go for the defence and file it now?
12. Is there anything else that can stop the juggernaut. CCJ is definitely not an option.
13. How can I slow them down? Get more time? Or exit the whole situation?

Same my soul. Many thanks in advance.

Looking forward, AmyX

[Amethyst]

Re: Poor Ammy Vs Lowell!!

You need to send a Subject Access Request off to Creation as soon as possible to find out about this disputed transaction. It sounds like that makes up a large part of the account and you should defend it if it was not yours. It wil have had interest applied to it and you should get the claimants to evidence the debt - did you keep any records of statements etc from Creation at the time ? I'm not sure what you mean by Creation couldn't address it in time?

I'm sure you are now aware that you should still have entered your Defence into court by the deadline. You are in a bit of vulnerable position now as they could apply for a default judgment at any time.

So what defence other than the disputed transaction do you have ? they have provided the agreement - as it's relatively recent it is likely to be okay but worth checking it over - also did you do the CPR31.14 and ask for the assigmment and default notices ?