lowell/carter claimform - JDW cat 'debt'

[Travis.T]

Hi..

Ive just received a court claim from Brian Carter / Lowell for a JD Williams debt.!!

 

The problem is I thought this account was on hold due to my circumstances.

 

In the beginning of this year the OH was diagnosed with cancer of the spine,

I informed JD Williams of this and explained the situation,

I was told not to worry I could come to an arrangement with them..

.the next thing is I started receiving letters from dca's

 

one I cant remember then fredrickson then lowells.

I ignored them all rightly or wrongly !!

 

Now I have received a court claim from Brian Carter/Lowells.

 

Where do I stand here as I have had NO correspondance from JD Williams regarding this.....

[unclebulgaria67]

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(1-Viewing)-nbsp

 

Can you copy/paste the first comment from the link above into this thread and then answer the questions. While you are looking at the other thread, have a read of it to understand the court process.

 

Don't panic, you will get help.

[SabreSheep]

Thread moved to financial legal forum

 

Regards

 

SS

[Old Cogger]

Hi..Ive just received a court claim from Brian Carter / Lowell for a JD Williams debt.!!The problem is I thought this account was on hold due to my circumstances.

In the beginning of this year the OH was diagnosed with cancer of the spine,I informed JD Williams of this and explained the situation,I was told not to worry I could come to an arrangement with them...the next thing is I started receiving letters from dca's one I cant remember then fredrickson then lowells.I ignored them all rightly or wrongly !!

Now I have received a court claim from Brian Carter/Lowells.Where do I stand here as I have had NO correspondance from JD Williams regarding this.....

 

Fill out the details as advised above

[Travis.T]

Claimant Lowell

Date of issue 26 nov county court business ctr.

Claim for monies due under original creditor (jd Williams)

I was not aware of assignment to any of the dca who have been trying to claim money,and I believe I did get a notice of default sums after explaining my circumstances to jd williams.

NO default notice ..nor any offer of any arrangement of payments.

I cant remember when I last paid..had so much on my mind with radio therapy scans etc.etc.Treatment is still ongoing..

The account was not in dispute...I just requested a repayment scheme that would help me out and also repay them. It never happened they just passed the account/debt onto dca.

[AndyOrch]

You need to copy and post the full link as advised and post your responses along side the questions....if you wish any assistance with the claim.

 

We also need the full particulars of claim.

 

Regards

 

Andy

[unclebulgaria67]

Have copied across the questions, if it helps

 

Name of the Claimant ?

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.

 

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) -

 

^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE OF THE CLAIM IS DAY 1 [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total

 

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down.

 

What is the value of the claim?

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account?

 

When did you enter into the original agreement before or after 2007?

 

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.

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?

 

Did you receive a Default Notice from the original creditor?

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?

 

Why did you cease payments?

 

What was the date of your last payment?

 

Was there a dispute with the original creditor that remains unresolved?

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan?

 

What you need to do now.

 

Answer the questions above

[Travis.T]

Name of the Claimant ?

Lowell

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.

26 Nov 15

 

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) -

 

^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE OF THE CLAIM IS DAY 1 [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total

 

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down.

Ammount due under an agreement between the original creditor and the defendant to provide finance/service or goods

PLUS interest.

 

What is the value of the claim?

£191.23

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account?

Catalogue

 

When did you enter into the original agreement before or after 2007?

After 2007

 

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.

Apparently assigned to Lowell

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?

NO I was not aware of assignment...and have never seen any notice of assignment

Did you receive a Default Notice from the original creditor?

NO default notice ever recieved.

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?

Only recieved 1 after I phoned explaining my problems.

Why did you cease payments?

Money problems / stress / anxiety ect ect..

Wife was diagnosed with cancer of the spine,hospital appointments daily for 2 months ( a 30 mile round trip )Loosing time at work to meet these appointments and the financial stress this and other costs were creating caused a big problem money wise.

What was the date of your last payment?

Not sure

 

Was there a dispute with the original creditor that remains unresolved?

NO dispute

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan?

YES..I explained over the phone to J D Williams all of the above. I was told that they would put an agreement in place for reduced payments.

It never happened...They just passed it on to DCA's.

NOW I have a court claim from the Court Business ctr. For original claim + interest + court fee + legal cost's.

My wife's treatment is still ongoing although less frequent now and I was just starting to get back on track with all my other payments etc etc.

Edited December 5, 2015 by Travis.T

[Travis.T]

Acknowledgement of service done online..

Am currently drafting a CPR 31.14 request to Carters

Any advice on what to do now..

[AndyOrch]

CCA request?

[Travis.T]

As I have received a court claim..Do I still have to pay for a cca request and cpr request to solicitors.If so CCA I know is £1 ...How much for a CPR request??

[AndyOrch]

CPR is free

[Guest]

do that cca request asap. hopefully that will see them off as is re catalogue. how long ago?

[dx100uk]

hope you filed a defence by 29th dec?

 

 

dx

[Travis.T]

Defence filed awaiting claimants response.

..Carter refused cca request

..reason does not apply..

 

 

No response as yet from JD Wiliams.

 

 

To be honest I don't think they have an agreement,

 

 

my o/h seems to think she ordered the items online

and they were then sent out.

 

 

Neither of us can remember signing anything

[dx100uk]

what did you send to JDW?

the claim is nothing to do with them!

 

 

what defence did you file too?

 

 

dx

[Travis.T]

Sorry my mistake ...I meant Llowells..

Copy of agreement / default notice etc..

Oh and carters was a cpr request not a cca.

"CPR does not apply as claim will probably by allocated to small claims as simple contractual matter.

[Guest]

"CPR does not apply as claim will probably by allocated to small claims as simple contractual matter.

typical response. no worries.

cca request is the main.

[dx100uk]

what def did you file please

 

 

dx

[Travis.T]

said same as post 1,

was waiting for payment offer from JDW.

Started getting letters from DCA's now don't know who or what to pay.

[dx100uk]

letters about what?

 

 

dx