Lowell Portfolio/ Drydens Fairfax Solicitors Claim Form

[SammyC]

Hi all,

I am self employed and like most of us struggling to make ends meet.

I often struggle to purchase parts needed for jobs and at the end of last year stupidly got a Vanquis credit card to buy parts when I am short of money.

I was getting on OK and paying it off days after using it but work then took a big nosedive just in time for Christmas, and I used my credit card to get me through on the hope that things would improve in the new year.

Things haven't improved much, and I am now stuck with a £571 debt which I cannot pay off. With everything else I have to pay out I just buried my head in the sand and now I have a county court claim form from Drydens Fairfax Solicitors acting on behalf of Lowell Group for Northampton County Court, with solicitors costs making the total up to £696.72.

I am not up on these things, but I am basically wondering how best to deal with this situation, do they normally accept very small instalments or is there any way I can make this process easier to manage, as I am in a bit of a financial mess at the moment, extremely worried, as I can barely afford heating and food.

Thanks for your time.

[Celestine]

Re: Lowell Portfolio/ Drydens Fairfax Solicitors Claim Form

Yes, your financial circumstances would very much be taken into consideration. You can ask for manageable monthly repayments based on a Income & Expenditure form filed with the Court.

[PlanB]

Re: Lowell Portfolio/ Drydens Fairfax Solicitors Claim Form

I am now stuck with a £571 debt which I cannot pay off. With everything else I have to pay out I just buried my head in the sand and now I have a county court claim form from Drydens Fairfax Solicitors acting on behalf of Lowell Group for Northampton County Court, with solicitors costs making the total up to £696.72.

I am not up on these things, but I am basically wondering how best to deal with this situation, do they normally accept very small instalments or is there any way I can make this process easier to manage, as I am in a bit of a financial mess at the moment

If you're certain you haven't got a defence to this claim ( and it looks unlikely ) you can ask the solicitor if they'll agree to a repayment schedule and record the settlement details in a Tomlin Order (or a consent order) so you won't have to go to court and you won't get a CCJ recorded on your credit file

[SammyC]

Re: Lowell Portfolio/ Drydens Fairfax Solicitors Claim Form

Thanks a lot guys.

Out of interest, what would constitute me having a defence? I applied online via a tick box application and never signed anything, that's all I can think of!

[SammyC]

Re: Lowell Portfolio/ Drydens Fairfax Solicitors Claim Form

I'm now actually unsure who this debt is from, it appears it may be from a catalogue order from years ago.

I have applied for a CCA from Drydens, do I need to notify the court I am waiting for this?

I know about the acknowledgement of service form, but the only options on there are to apply for more time in order to defend the claim or admit it, how do I know which of these options I want until I know what evidence Drydens have?

Many thanks.

[Celestine]

Re: Lowell Portfolio/ Drydens Fairfax Solicitors Claim Form

Morning

You can write to Dryden's making a CPR 31.14 request for all documents mentioned in their claim form. You can also ask for an extension of time to file a defence pending receipt of these documents. (Max 28 days in addition to usual timescales)

Dear Sirs,

I request disclosure of documents referred to in your claim, pursuant to CPR 31.14.

1. Copy Agreement dated XX
2. Default Notice dated XX
etc

I require inspection of these documents ahead of filing the defence on, so I request that they are provided to us within 7 days.

If you are unable to provide the required documents within 7 days, please let me know by return whether you can agree an extension of time to lodge a defence until 4pm on the XX XXX 2013. If this cannot be agreed I will apply for an extension and will request costs be ordered in our favour. This letter will be referred to in such application.


Yours faithfully,


SammyC

[SammyC]

Re: Lowell Portfolio/ Drydens Fairfax Solicitors Claim Form

Good morning,

Thanks a lot, is this request the same request which requires me to send a £1 postal order aswell? Also, who am I asking for more time, the court or Dryden's or both?

Pardon my ignorance, but I am new to this and very confused!

[Celestine]

Re: Lowell Portfolio/ Drydens Fairfax Solicitors Claim Form

No, because you have received a claim form, you don't need to do a CCA request (£1). The request pursuant to CPR31.14 is appropriate now because proceedings have been issued.

You are asking Drydens for more time, but if they agree, (and they should if docs are outstanding) it is up to you to inform the Court with a letter such as this:
Dear Sirs

Re XX v SammyC

Claim number XXXXXX

I write to advise the Court we have agreed pursuant to CPR Rule 15.5 an extension with the Claimant for filing the Defendants Defence.

The Defence will now be due on XX XXX 2013.

Please ensure that no requests for judgment are entertained until after this date

Regards
SammyC

[Celestine]

Re: Lowell Portfolio/ Drydens Fairfax Solicitors Claim Form

Can you post up the wording of your claim form please?

[SammyC]

Re: Lowell Portfolio/ Drydens Fairfax Solicitors Claim Form

Thanks a lot, this is the wording:

"Particulars of claim.

1. The claim is in the sum of 571.72 in respect of monies owing by the defendant on a credit agreement regulated by the consumer credit act 1974, originally taken with Shop direct, under account number XXXXXXXX. The defendant failed to maintain the contractual payments in respect of the agreement and a default notice has been served upon the defendant and not complied with.

2. The debt was legally assigned to the claimant by Shop Direct and a notice of assignment was served upon the defendant. The debt is therefore properly owing to the claimant.

3. The claimant also claims statutory interest pursuant to the section 69 of the county courts act 1984 at a rate of 8% per annum becoming a daily rate of 0.12427, from termination of the agreement to the date of issue (to) being and amount of 4.72."

[Celestine]

Re: Lowell Portfolio/ Drydens Fairfax Solicitors Claim Form

Cool, so you need to ask for agreement, default notice and assignment notice.

When was the card started?

[SammyC]

Re: Lowell Portfolio/ Drydens Fairfax Solicitors Claim Form

Well that's the thing, I am now unsure what the debt relates to. It could be a catalogue from several years back (around 2009) or a Vanquis card from late last year.

I now actually believe it to be the catalogue, as Vanquis is quite recent and they are still trying to contact me by phone every day, suggesting they are still in the early stages of collecting the money. 'Shop Direct' also sounds more like a catalogue company.

[PlanB]

Re: Lowell Portfolio/ Drydens Fairfax Solicitors Claim Form

I often struggle to purchase parts needed for jobs and at the end of last year stupidly got a Vanquis credit card to buy parts when I am short of money. . . .

. . . I was getting on OK and paying it off days after using it but work then took a big nosedive just in time for Christmas, and I used my credit card to get me through on the hope that things would improve in the new year. . . .

Things haven't improved much, and I am now stuck with a £571 debt which I cannot pay off. With everything else I have to pay out I just buried my head in the sand and now I have a county court claim form from Drydens Fairfax Solicitors acting on behalf of Lowell Group for Northampton County Court, with solicitors costs making the total up to £696.72
.

This is looking better So it's not for your Vanquis card.

Since the Claimant hasn't put the date of the agreement on the POC maybe leave that out of your CPR 31.14 request so they can't create a recon using your information :wink: If they knew the date this account was opened they would have put it on the claim form wouldn't they :doh: Maybe they don't know the date because they haven't got your credit agreement.

Ditto the DN

[SammyC]

Re: Lowell Portfolio/ Drydens Fairfax Solicitors Claim Form

Thank you very much.

So to summarise, I will request the docs from Drydens, then do I need to tick a box in the court's acknowledgement of service or just override that with a letter to the court?

[Celestine]

Re: Lowell Portfolio/ Drydens Fairfax Solicitors Claim Form

More likely to be the Shop Direct card, Lowell definitely buy their debts.