Any advice kindly appreciated

[bexinneed80]

Hi, I'm hoping someone can give me advice. I have had a Claim Form come through which has 2 existing debts joined together onto a Claim Form. I'm now at this point and feel in a state and not sure what I can do.
I have filled in the info suggested, hoping some of you may be able to give me guidance on what to do next.


Received a claim? Yes/No: yes

Issue Date: 20/02/20

Have you Acknowledged the Claim?: no

Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000) £1500

Claimant’s Name: Lowell Portfolio

Solicitors Firm: Lowell Solicitors

Original Creditor: Shop Direct Financial Services
E.on Energy Solutions Limited

Original Debt (eg. Credit card/Loan/Overdraft) : Store card & Utility Bill

Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
1)The claim comprises the following Agreements the Defendant entered into: a (..)with reference (..)and current balance of (..)
B(..) with reference (..)and current balance of (..). The agreements were terminated as payments were notmaintaned and subsequently assigned to the Claimant.
And the Claimant claims:

1. The total of said sums being (..)
2. 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, but limited to one year, being (..)
3. Costs

Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): No

List any letters you have sent (eg: CCA/ CPR ): None

Any Other Information or Background Details: ?

[bexinneed80]

Can anyone please help with this?

[jaguarsuk]

Acknowledge service is your first move to give you the most time to prepare the defence.

Send a CCA Request Lowell Portfolio for the Shop Direct account enclosing a £1 cheque/postal order with "CCA 1974 STAT FEE ONLY" written across the front. Take two copies of the letter and cheque/postal order.

Send a CPR 31.14 Request to Lowell Solicitors enclosing one copy of the CCA Request and asking for copies of:

agreement with Shop Direct Financial Services with reference X
agreement with E.on Energy Solutions Limited with reference Y
notices of them being assigned to the Claimant

Finally send a Subject Access Request Letter to both Shop Direct Financial Services and E.on Energy Solutions Limited as this will tell you what documents are available to the claimant if they don't have them.

It's good that they are not pleading you were served a default notice by Shop Direct Financial Services as that's a legal requirement to terminate the agreement and recently they haven't been able to provide them from this original creditor.

[bexinneed80]

Thank you for your reply. Can you please tell me how to Acknowledge the Service?

[jaguarsuk]

https://legalbeagles.info/library/gu...ledge-a-claim/

[bexinneed80]

When writing out the PO is it made to Lowel and then CCA 1974 STAT FEE ONLY after it?

[jaguarsuk]

No, it’s made out to Lowell and the across the top write that it’s for the statutory fee in any space available

[bexinneed80]

Thank you.

On the CPR 31.15 Request what date is entered here?

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 on xx/xx/xxxx.

I don't know when the defence will be as it's not showing on any of the paperwork.
I'm really sorry for all the questions, i'm just so overwhelmed at the moment.

[bexinneed80]

CPR 31.15 Request

Can someone please tell me what i can request from the following extracted from the Particulars of Claim

1)The Claim comprises the following
Agreements the Defendant entered into:
a. Shop Direct Financial Services
with reference 00000000 and
current balance of £0.0
b. E.on Energy Solutions Limited
with reference 00000000 and
current balance of £00.00
The Agreements were terminated as payments
were not maintained and subsequently
assigned to the Claimant.
And the Claimant claims:
a) The total of the said sums being £00.00
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, but
limited to one year, being £00.00
c) Costs

Thank you

[jaguarsuk]

CPR 31.15 Request

Can someone please tell me what i can request from the following extracted from the Particulars of Claim

1)The Claim comprises the following
Agreements the Defendant entered into:
a. Shop Direct Financial Services
with reference 00000000 and
current balance of £0.0
b. E.on Energy Solutions Limited
with reference 00000000 and
current balance of £00.00
The Agreements were terminated as payments
were not maintained and subsequently
assigned to the Claimant.
And the Claimant claims:
a) The total of the said sums being £00.00
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, but
limited to one year, being £00.00
c) Costs

Thank you

See post #3 regarding part 31 whether para 14 or 15

[bexinneed80]

Thank you

[bexinneed80]

Thank you.

On the CPR 31.15 Request what date is entered here?

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 on xx/xx/xxxx.

I don't know when the defence will be as it's not showing on any of the paperwork.
I'm really sorry for all the questions, i'm just so overwhelmed at the moment.

How can i find out this date please?

[jaguarsuk]

Tuesday 24th March 2020 at 4pm (33 days from the date on the claim form when you have acknowledged service).

[bexinneed80]

Hi. Followed the advice given above and did all the things mentioned. I have now received this letter as a response Lowel 20 03 2020 2.pdf Lowel 20 03 2020 1.pdf

[bexinneed80]

Received the following from Lowell Solicitors. Can someone please help with this?

We are writing in relation to correspondence recently received by our office.
We are instructed by our client to recover the balances outstanding below which
are consolidated under the reference to the right.
Date: 05 March 2020
Our client
Lowell Portfolio I Ltd.
Our reference number XXX/XXXXXXX
Please provide this reference number when you contact us.
Amount due
£xxxx.xx

Lowell Reference - XXXXXXXXX - Original Reference - XXXXXXXX- Shop Direct - Balance - £XXX.XX
Lowell Reference - XXXXXXXXX - Original Reference - XXXXXXXXXXXX- E.on Energy - Balance - £XXX.XX

The E.on Energy account relates to a Service Agreement and not a Credit Agreement; these are not governed by the
provisions of the-CoA-sumer Credit Act 1974, Therefore, there is no statutory requirement to complete and sign any such 'Agreement' in order to obtain an account of this nature.

As this is a Service Agreement, the use of the services provided by the original creditor is deemed to mean you accept the terms and conditions imposed by them, and are liable to repay them for the use of this service. If the matter proceeds further we may ask the Court to accept there was a contract based on other evidence that may be available

A Default Notice is a technical notice required by the Consumer Credit Act 1974 in certain circumstances in relation to Credit Agreements. As this debt does not arise from a Credit Agreement, and is therefore not regulated by the Act, no Default Notice would have been sent.

We confirm that the original creditor assigned only the benefit and not the burden of the original agreement to our client and that there was no requirement for your consent. No novation took place and therefore no Novation Agreement exists or was required.

A request for statements on the E.on account and the available documents on the Shop Direct account has now been raised with our client and we will contact you once a response is received, however we are unable to provide a timeframe for them to respond. Please note that these are for your reference only.

Our client does not deem that the production of these documents would assist in the filing of any defence and as such will not be agreeing to an extension of the time for you to file this with the Court.

If you wish to dispute the matter further you may wish to seek your own independent legal advice from a Solicitor or the Citizens Advice Bureau.

You should read the Claim form issued by the Court carefully and respond how you deem appropriate within the timescales set by the Court. This would have been served by the Court to the address that we currently have for you on our records.

Should you require one, you can request another copy of the Claim from the Court by:

Email: CCBC@justice.gov.uk
Phone Number: 0300 123 1056 or 01604 619 400
Address: 4 St. Katharines House, 21-27 St. Katharines Street, Northampton, Northamptonshire NNl 2LH

For your reference, your Claim number is XXXXXXXX.

If you are admitting the debt in full and wish to pay by instalments, our team is available to complete the Admission form with you over the telephone if you prefer. If you wish to speak to a member of our team they can be contacted by calling XXXXXXXXXXX between 8:30am and 8:00pm Monday to Thursday, between 8:30am and 06:00pm Friday, or between 9:00am and 1:00pm Saturday. Alternatively, you can complete the form and return it by post to the address provided above, or to the Court.

lf for any reason you are unable to respond to the Claim, please contact XXXXXX Credit Services on XXXXXXXXXXX to
discuss your available options. Please note, if no response is received, we may be instructed to continue with legal
action. If a Judgment is issued, this will result in interest and legal costs being added to the debt.
Yours sincerely,

Lowell Solicitors Limited
*