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robfromuk

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  1. I hope you don't mind me posting once more about this issue. I sent off the defence claiming statute barred and heard nothing for 3 1/2 weeks, I finally received a letter from the claimant confirming they intend to continue with the case. I have now received a letter from the court itself called "notice of proposed allocation to the small claims track" - it says: TAKE NOTICE THAT 1. This is now a defended claim. The defendant has filed a defence, a copy of which is enclosed. (This bit has been crossed out, presumably by the court) 2. It appears that this case is suitable for allocation to the small claims track. If you believe that this track is not the appropriate track for the claim, you must complete box C1 on the Small Claims Directions Questionnaire (Form N180) and explain why. 3. You must by 2 April 2015 complete the Small Claims Directions Questionnaire (Form N180) and file it with the court office and serve copies on all other parties. (Does this mean I have to send a copy to the claimaint?) The directions questionnaire included mentions "mediation" - whereby I can try and sort this out over the telephone with the claimaint and therefore possibly preventing a hearing - is this something that could be worthwhile? Or should I just go straight for the hearing option? Is the mediation over the phone likely to be a waste of time? That's pretty much it - I have heard NOTHING at all from the claimaint in response to my requests for information including a request for a copy of the original credit agreement (despite sending a recorded letter about 6 weeks ago with the £1 included) - what should I do about this? Thanks again for your help.
  2. Update: When I fill in the defence what should I be putting? Any advice? Should I just put that I believe the debt to be statute barred or should I mention dates? Should I include any paperwork to back my claim at this stage?
  3. Have acknowledged the claim on the website. Have sent off for CCA and CPR. The credit agreement date (when I signed to accept the credit I guess) is the 19th October 2008. The default date however is the 8th of June 2009. It would appear from looking at bank statements that I made NO PAYMENT at all - shortly after taking the catalogue out I was unfortunately made unemployed. So no payments / written communication. If the 6 years is from the default date then I am stuffed and I will have to pay it, if it's from when I took the credit out then I might be OK - that's my query? Many Thanks.
  4. I have been able to find out an old debt letter from Lowell which relates to this CCJ claim and the Credit Agreement Date is 19th October 2008. I am confident that I have not made any payments / written communication in the last 6 years. Does this stand me in good stead? Can I confirm that Statute Barred date is from the credit agreement date and not from the default date? Many Thanks
  5. Yes I meant a claim form sorry Name of the Claimant ? Lowell Portfolio 1 Ltd Date of issue – . 5th January 2015 What is the claim for – The Claimant's claim is for the sum of £575 being monies due from the Defendant to the Claimant under a Home Shopping agreement regulated by the Consumer Credit Act 1974 between the Defendant and Shop Direct Finance Company under account reference xxxxxx and assigned to the claimant on 08/06/2009 notice of which has been given to the Defendant. The Defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with. The claim also includes statutory interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8.00% per annum (a daily rate of 0.10 from the date of assignment of the agreement to 08/06/2010 being an amount of 36.60. (NOTE: I dispute the date) What is the value of the claim? £575.26 Is the claim for a current or credit/loan account or mobile phone account? No When did you enter into the original agreement before or after 2007? After Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Assigned and debt purchaser issued. Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes Did you receive a Default Notice from the original creditor? I can't remember if I am totally honest. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not that I can recall. Why did you cease payments? I don't believe I ever made any payments. What was the date of your last payment? Not Applicable. Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No Sorry I am really novice-y about this - only read about the two letters, don't actually know what they are. What is a CPR? Thanks for your help!
  6. Hey Everyone! Really hope someone can help me! I'm currently 27 years old, between the ages of 18-21 I ran up a lot of debt and I have foolishly / stupidly buried my head in the sand ever since and not taken any action to sort the mess out. I had a gambling problem (that I have since fixed) and I ran up around £15k of debt through credit cards / loans / payday loans / catalogues / mobile phones etc). I fell into a spell of depression / anxiety and as such I currently only work part time on a low income which just about covers my expenditures. Up until recently I had had letters in the post relating to my debts but nothing more - no action as such. However last week I received my first CCJ. The CCJ is from Lowell relating to a Shop Direct account that I had in 2008. The date of the Shop Direct account from looking at my credit report is December 2008, I received the CCJ in January 2015 - I have not made any payments / written communication at all within the last 6 years. My query is could it possibly be statute barred? Whilst I am not looking for the easy way out - I am trying to figure out the best way to sort my debt out as a whole - if the debtor hasn't taken any action in the time limit specified and it is now not enforceable then that suits me fine. A few questions if I may: 1) Is the debt Statute Barred? 2) Is it right that if I defend the claim I will have to attend a court hearing? This worries me if I am honest. 3) Is it also right that I would have to pay a £155 fee to defend the case? This is something I read online and I would struggle to pay for this. 4) If the debt were potentially statute barred and I sent the two template letters off a nd acknowledged to the court that I intend to defend the debt and the debtor writes back and confirms that indeed it is enforceable and I have my dates wrong can I still go ahead and make an offer then or is it too late? Sorry for all the questions, really worried here! Hope someone can help Many Thanks, Rob
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