Help for my mum - Lowells issuing court forms for a CCJ

[helpformymum]

Hi all

I really need to help my mother with a proposed CCJ that Lowell have instructed Bryan Carter solicitors to get awarded against her.

The debt is from an Isme catalogue from a couple of years ago. Lowell have added interest on top at the rate of 8% and they have added on court costs as well.

My mother fell behind on the catalogue when my dad was ill and had to give up work. My dad always used to help my mum pay it as my mum has been retired for some time now. All she gets is a state pension.

A couple of things that I have thought about that don't seem right are, the letter that Bryan Carters sent my mum said she had 48 hours to clear the balance of over £4,000 was dated the same date as the court papers and also my mum has never signed a credit agreement so how are they able to enforce the debt through a court.

Any help would be greatly appreciated.

Thank you all.

[sueham]

Re: Help for my mum - Lowells issuing court forms for a CCJ

I would ask for all contract and terms and conditions at the time it was taken out to run the catalogue. 48 hours is not I would have thought legal. Sorry but I don't have enough knowledge but I am sure someone will be about soon. This reply should bump this up for you.

[Inca]

Re: Help for my mum - Lowells issuing court forms for a CCJ

:bump:

[CleverClogs]

Re: Help for my mum - Lowells issuing court forms for a CCJ

the letter that Bryan Carters sent my mum said she had 48 hours to clear the balance of over £4,000 was dated the same date as the court papers

Had mumsy received an earlier letter from Carters wherein legal action was actually threatened?

[helpformymum]

Re: Help for my mum - Lowells issuing court forms for a CCJ

I have found this letter and hope this helps....



In accordance with the Consumer Credit Act 1974, please find enclosed the following documents:

1. A re-constituted copy of your credit agreement sent to you at the time of opening the account; and
2. A copy of her current credit agreement, which includes all applicable contractual variations and amendments that have taken place since the account was opened.

According to our records, you opened your account on 28th April 2008. The current outstanding balance on your account is £3778.84.

The rest of the letter was just general information.

Tried to post the court claim form but it said the document was too big. That said:

This claim is for £3905.65 the amount due under an agreement between the original creditor and the defendant to provide finance and/or services and/or goods.

This debt was assigned to/purchased by Lowell Portfolio Ltd on 17/05/2013 and notice served pursuant to the law of property act 1925.

Particulars
Re Shop Direct - Isme

And the claimant claims £3905.65

The claimant also claims interest pursuant to S69 county court for act 1984 from 17/05/2012 to date at 8% per annum amounting to £158.36.

Amount claimed - £4064.01
Court fee - 85.00
Solicitors costs - £80.00
Total amount - £4229.01

My mum cannot afford to pay any this and only receives a state pension now. We need help badly please because this debt has just got higher and higher!

Thank you all

[helpformymum]

Re: Help for my mum - Lowells issuing court forms for a CCJ

Could really do with some help people

[Amethyst]

Re: Help for my mum - Lowells issuing court forms for a CCJ

With this letter - ''In accordance with the Consumer Credit Act 1974, please find enclosed the following documents:

1. A re-constituted copy of your credit agreement sent to you at the time of opening the account; and
2. A copy of her current credit agreement, which includes all applicable contractual variations and amendments that have taken place since the account was opened.

According to our records, you opened your account on 28th April 2008. The current outstanding balance on your account is £3778.84.''

Did you find the copy of the credit agreement they sent ?

If you have trouble posting documents it is fine to email them to me ( admin@legalbeagles.info ) and I can do it for you. Make sure you remove any personal information first. It would be useful to see the the claim although it is likely quite standard - the CCA is most important.

So ISME, account opened April 2008. So a tick box agreement will be acceptable.

Have any payments been being made to the account ? If not, when did they stop ? Have you had a default notice ? Any contact between default and now regarding payments ?

48 hours is terrible notice - are you sure there were no previous letters mentioning court action - from BC , or ISME ?

[helpformymum]

Re: Help for my mum - Lowells issuing court forms for a CCJ

Thanks for the reply Amethyst.

I've attached the court claim form but it does look standard to me. I seem to have letters from them but not the credit agreement. I presume it would be too late to request another copy?

I believe it will have been a tick box terms and conditions when she opened the account but I still thought that without a signed credit agreement, although the debt remains outstanding and it would never be just wiped off, that a court wouldn't issue a CCJ over it!

Plenty of payments have been made to the account but the last one was approximately 1 1/2 years ago direct to Isme. No payments have been made to the DCA.

I couldn't possibly give a definite answer to whether they sent a default notice although again I presume they did and my mum hasn't got that letter anymore.

I have a couple of letters chasing for payment but nothing threatening court action until the 48 hour notice one dated the same date as the claim itself. I can post them if it helps?

[Amethyst]

Re: Help for my mum - Lowells issuing court forms for a CCJ

POC image from claim form, just for ease of reference.

Does your mum have any of the statements from the account / emails saying how much she owes / list of transactions / know how much she spent etc. If not we can send a CPR request for further information to get details how the claim is made up and / or a subject access request to get full transaction lists.

Without a credit agreement they are not entitled to charge interest or late payment charges etc so if they are trying to get around that then you should be able to do a repayment offer based on the value of goods purchased.

They have 12 days to supply another copy of the CCA so yes, get a request in. Do you know why your mum asked for one originally? What was the dates on the letters sending them out to her?

[helpformymum]

Re: Help for my mum - Lowells issuing court forms for a CCJ

No she hasn't kept any old statements but is it too late to ask for them with impending court action?

They are saying there is a reconstituted credit agreement, so is this enough for them?

[Amethyst]

Re: Help for my mum - Lowells issuing court forms for a CCJ

Unfortunately a recon is acceptable. Particularly on an account from 2008 that would have been signed electronically online.

You need to acknowledge the claim so you can be doing that and that will mean you have 28 days from the claim date to get your information together and enter a defence or admission/offer to pay.

It would be a good idea to sit down with your mum and go through a full income and expenditure sheet. The court wouldn't order payments above what is affordable for her. There is a good one http://mymoney.nedcab.org.uk/moneyadvice/quickfs.asp that is easy to use.

Does she own her house?

[helpformymum]

Re: Help for my mum - Lowells issuing court forms for a CCJ

Yes she does have a house that is fully paid for but she is only on a state pension now. In fact actually she won't be known as ever owning a house because the mortgage had always been in my dads name and my mum has never been on it.

So is there no way to stop her getting a CCJ?

She is frightened stiff and at the moment is refusing to go to court!

She has not long got over pneumonia and a mini heart attack.

Don't know what to do.

[Amethyst]

Re: Help for my mum - Lowells issuing court forms for a CCJ

She shouldn't have to go to court,most of these claims are dealt with entirely through Northampton bulk processing centre and dealt online with MCOL (moneyclaimonline) and if she did (for an application or something) then you would be able to go with her.

You might need to check into ownership of the house just to be sure. It is probably a good thing it doesn't show as her owning it at the moment as it has probably saved her from a bankruptcy threat by Lowells. However Bryan Carter may apply for a charging order on the house to secure the debt. This would mean registering an interest to the value of the CCJ with the land registry and if your mum ever sold the house they would be paid from the proceeds. While it sat there your mum would be making installment payments (AFFORDABLE ONES set by the court) to the claimants.

She really has no need to be scared ok.

If you do the acknowledgement online, tick Intend to Defend in Full (it doesn't matter if you change your mind later it is just to extend the time you have to sort things) I'll get Flaming Parrot to take a look in as she is much more up on CCA matters than I am

[helpformymum]

Re: Help for my mum - Lowells issuing court forms for a CCJ

Thank you amethyst for your help but my dad has assumed my mum has carried on with the payments and doesn't know anything about this. He would hit the roof if he found out so if they did try to do something like a charging order then I wouldn't be surprised if that finished my mum off!

I have acknowledged for her now so we have the 28 days.

I had previously asked Isme if they would consider writing the debt off based on her health, etc, which of course they refused. Is there any way of achieving this because the strain this is putting her under is going to give her another heart attack soon!!!

I just wish I had the money for her so I could clear it.

[Amethyst]

Re: Help for my mum - Lowells issuing court forms for a CCJ

Ouch. Okay that's fine - if it is all in your Dad's name and they are both happy with it staying that way (I'd be tempted to try and get some ownership to your mum to protect her future interests though but that's for another time).

For now though all BC can do is get an installment order from the court.

Right send another CCA request off to dear Mr Carter, and request a full breakdown of the account to date, you can also send ISME a Subject Access Request to get all the relevant information, they do have 40 days to supply the information but sometimes manage it quicker.

If your mum is up to it do the IE sheets, then at least you will know the full picture and be able to deal with anything else before it gets to this stage, you'll also know what a court is likely to award as an instalment order.

If it did come back as a forthwith order then you can apply to have it redetermined into a forthwith order and then would be opportuity to put other information to back up the request.

You could also discuss with Bryan Carter a consent order to put the claim on indefinate hold so long as installments are made, I don't know if they would accept without security of a charging order but if having a CCJ and court is really worrying your mum then it might be a way around that. Theres a recent example of what a consent order is http://www.imagebam.com/image/a9d549290846701 from another thread on here.