Carter/lowells - Claim form shop direct catalogue debt***Claim Discontinued***

[liamuk]

Hope I can get some advice.

 

I have recieved a litagation letter from BC telling me I will be recieving a county court letter from Northampton in the next few days for a debt of nearly £9000.

 

I'm not too sure but think its a old catolgue debt as I know the limit was around 5K and it must be 4 years nearly I fell behind. Looking around on CAG it looks as though they are issuing...what do I do as I have had my head in the sand too long. I havent got this type of amount to pay out to be honest.

[Sidewinder]

You need to stall BC otherwise he does tend to issue claims like confetti, hoping to get a default judgment.

 

Have you sent a CCA request? I am presuming that this is BC on behalf of Lowlife?

 

If not, write to BC - or even email if time is short, a denial of liability and a request for a copy of the credit agreement - you should be able to find a template to adapt in the library.

 

Even if they come up with an agreement then I daresay there are huge unlawful penalty charges which could be reclaimed.

[liamuk]

its a mess i know.

 

So i need to write to BC as not 100% sure who the debt is for and ask for a copy of a cca as my account would have been from around 2002.

 

What should I do if the count court arrives sooner? and what would I do if there are loads of penalty charges - how do i find out? Will they stop count court action whilst I ask for this information?

 

Sorry panicing a bit-

[fkofilee]

It won't...

 

You have up to 33 days to work with a claim and a CCA request takes up to 14.

 

I doubt they will stop action but you can put in your defence you have requested this vital doc

[Sidewinder]

As per the above. A CCA request may stop BC issuing as the Particulars of Claim will probably state that the amount is owed under a credit agreement. The sensible thing would be to halt action and if they don't you will be starting the ball rolling towards a possible defence.

 

What is the history? Have you made any payments since you fell behind?

 

If you dont have statements then you could use SAR to the original creditor to establish how much has been added in charges.

[liamuk]

Well I have been thinking tonight etc.. what i remember is opening a account with Shop direct around 2002 or 3 and then having problems late 2010 and stopping payments - maybe before I will need to check bank account. I tried to deal a few months later but the account was in arrears and they were not very helpful at all so I did not pay anything.

 

I gather Bryan Carter are acting on behalf of Lowells...I am assuming county court action has started already.

 

I wonder out of the amount claimed how much is charges - as that's what was stopping me making a payment after I had defalted.

 

So do I SAR Lowells or Bryan Carter as these are the mob who are issuing a county court...?

[ims21]

In addition to what Sidewinder has said, it could be an idea to have a look at your credit file to see if there is any information on there which may help you identify exactly what this account may be.

[liamuk]

will check Noodle and bank account now as strongly suspect its shop direct.

[fkofilee]

SAR to the original creditor... CCA to BC and Lowell...

[liamuk]

Ok folks it is Shop Direct....and can't see payments made since late 2010.

[liamuk]

just looking through my credit file and the defaulted balance is nearly £4000 less than what Bryan carter are stating!

[liamuk]

Well I have recieved the CCJ paperwork this morning from the county court and Bryan carter.I had already sent the CCA requests to BC and Lowell. I had also sent a SAR request to the origanl creditor.What should I do now - as i said my credit file amount is a lot less than what they are claiming???help!

[BRIGADIER2JCS]

Hi, can you post up the particulars of claim after removing personal identifiers/claim No. etc.

[liamuk]

is this ok?

[Sidewinder]

Thread moved to Legal Issues for more specialist input.

[liamuk]

bumped up for advice - thanks Sidewinder.

[AndyOrch]

is this ok?

 

 

If you could remove the barcode and your password Liam and then re post.

 

Regards

 

Andy

[liamuk]

re attached court form if anyone can assisit please!

[AndyOrch]

You need to convert that to Pdf.

[liamuk]

uploaded in PDF..

[AndyOrch]

Where ?

[liamuk]

Please find file attached!

[liamuk]

Attached...

[liamuk]

looking around similar threads do i send a CPR 31.14 request?

[AndyOrch]

Yes but check it to the particulars as to what documents they have referred to and what you want to request.As this is a Catalogue debt requesting the agreement by way of a section 77/78 request may not be an option.

 

Regards

 

Andy