Lowell claimform - old Very Shop Direct CAT 'debt'

[JackF]

Is there a number in the POC box

 

Right I was able to allocate the reference number which is actually stated on the back of the paperwork. Thanks for that, Now I'm stuck with another letter which is the letter that's going to the solicitors. There's a section on there that says. The following:

 

["Although your claim is for a sum which is not more than £10,000.00 and will in all likelihood be allocated to the small claimsicon track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise]#"

 

I'm sure if I need to include that or is that a information for myself. I'm almost certain that it includes with the letter, but it's better to be safe then sorry. Don't really want to do this over again, as I've actually time from work to complete this, as I'm actually very nervous in regards to this still. And for those helping I know I'm a radio, but I really do appreciate your help. Thanks once again.

 

Quick side note, £1 do I need to put that coin in there, or do I need to put a check? with a £1 on.

[JackF]

Must I also keep the # delete if claim for a sum exceeding £10,000.00.

 

As it's not exceeding over.

[AndyOrch]

Must I also keep the # delete if claim for a sum exceeding £10,000.00.

 

As it's not exceeding over.

 

If you had completed the following link as asked on the 11th Nov...we would know all the details to your debt and claim.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**(2-Viewing)-nbsp

 

As we dont even know the particulars or the value its difficult to advice...below 10 K is small claims track above 10K is Fast Track so you will have to decide whether the paragraph stays or goes.

 

Regards

 

Andy

[JackF]

If you had completed the following link as asked on the 11th Nov...we would know all the details to your debt and claim.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**(2-Viewing)-nbsp

 

As we dont even know the particulars or the value its difficult to advice...below 10 K is small claims track above 10K is Fast Track so you will have to decide whether the paragraph stays or goes.

 

Regards

 

Andy

 

It's under 10k? I am sorry that I didn't get to complete the form, but I was told to leave that for the time being and get the CCA and other letter running to the solicitors first. Hence this.

[AndyOrch]

Then leave it in.

[JackF]

Then leave it in.

 

Just to clarify I should leave this?

 

"["Although your claim is for a sum which is not more than £10,000.00 and will in all likelihood be allocated to the small claimsicon track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise]#""

 

I'll be printing these letters today, and hopefully have them sent by tomorrow.

[JackF]

How do I make a postal order? I assume this can be done in the post office?

[martin2006]

Yes you can buy one at a post office counter, write on the back if it " for statutory purposes only"

[dx100uk]

if you've not sent the CCA yet

go up on your credit file using noddle or clearscore

both are free

see if the account number is listed there.

 

if not give shop direct a ring and ask the account number.

 

failing all that

scan and attach a copy of the claimform front page to the CCA request you send

 

we stil need this link doing

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**(2-Viewing)-nbsp

dx

[dx100uk]

don't forget the CPR 31:14 too

 

 

no harm if its Lowell solicitors to put it in the same envelope.

 

 

dx

[JackF]

Okay, posted both letters today, along with postal order. I got told that they should get there by tomorrow, so they should see it by Monday, Tuesday at the very latest, and hopefully will get a reply soon.

[dx100uk]

Well actually you don't want them to rely if you think about!!

[JackF]

Well actually you don't want them to rely if you think about!!

 

Oh I see. You know with the postage, she sent as 1st class, but when I look on the receipt it only says like stamp, so did she only charge me for the stamps?

[dx100uk]

1st class is just a stamp

[JackF]

1st class is just a stamp

 

so does this mean I need to resend!?!!?! or should I go back to the office, cause I told her and she said you can track using receipt.

[dx100uk]

1st class is quite ok.

[JackF]

1st class is quite ok.

 

I mean I have the receipt for both of the stamps that I paid for. That's about it, but when I look at the receipt there is no tracking. Is this fine, or do I need to resend, just to be on the safe side to prove that I did in-fact send. I hope I haven't f'd it up.

[dx100uk]

1st class is ok

 

 

cant see what else needs to be said

all you have to do is be able to prove they were sent...end of.

 

 

now you've got that out the way and as such you are 'upto date'

with nothing further to do till you need to file your defence on / by 4pm 9th dec

 

 

you now need to go read like threads and get upto speed on what next

so we don't have pages of, and I must put this politely questions that would have been answered had you

 

 

1. done that link we wanted

2. read other like threads.

[JackF]

So, still nothing has happened, I've had no letters come in or nothing, so is there anything else for me to do?

[dx100uk]

well yes ..you needed to of filed a defence by 4pm last Friday as post 68 states....

 

 

no-one said you wait for documents back

and as you didn't read and fill out that link we asked you too repeatedly

you probably didn't ever realise you had too.

 

 

we cant nurse maid those that cant help themselves...

Edited December 14, 2016 by Andyorch
edited

[Old Cogger]

submit now on line ????????????????????????? dx could try

[dx100uk]

well yea I know that

but the op took 70 posts to simply ack a claim and post 2 simple letters...

[dx100uk]

and ofcourse bear in mind they coldnt manage to get mcol working last time and probably hasn't tried since?

 

and we don't even know the particulars of the claim..

 

but never mind its only a CCJ ....

 

here are several cat debt defences.

 

Here is a recent Cat defence that Andyorch drafted for another poster

which was successful in the claim remaining stayed.

.

You will have to edit slightly to suit and add your requests for CCA /CPR ect.....

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

.

Defence

.

The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

.

1 .Paragraph 1 is noted. I have had an agreement in the past with [enter original creditor] but do not recognise the account number referred to by the claimant.

.

Paragraph 2 is noted but not admitted. The claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the defendant did not enter into any agreement with the claimant and is therefore put to strict proof to verify the alleged statement of its particulars.

.

3 .Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served over X years ago.

.

On the DD/MM/YYYY ( sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. The claimant has failed to date to respond to the CPR and remains in default of the section 78 request.

.

3.It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:

.

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

.

4.As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

.

5.On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974.

.

6.By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

.

Regards

.

Andy

***************

 

or

1.The claim is for the sum of £398.82 due by the defendant under a non-regulated Shop Direct account with an account ref of ******

2.The defendant failed to maintain contractual payments required under the terms of the account agreement.

3.The debt was legally assigned to the claimant on 28/Aug/2015, notice of which has been given to the defendant.

The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of proceedings in the sum of £31.91

The claimant claims the sum of £450.73

 

Defence

The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

1. Paragraph 1 is noted. I have had in the past an agreement with Shop Direct but do not recognise the account number referred to by the claimant.It is my understanding that all credit facilities provided by Shop Direct would be regulated and legislated under Credit Consumer Act 1974.

2. Paragraph 2 is denied. I have not received a Default Notice from the original creditor.

3. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served.

Therefore Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement; and

(b) show and evidence the nature of any breach by way of a Default Notice

© show how the Defendant has reached the amount claimed for; and

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

4. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

5. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of consumer crediticon Act 1974.

6. On the 8th November 2016 I made a legal request by way of a CPR 31.14 request and a Section 78 request to the Claimant. The Claimant has failed to comply and therefore is in default of this request and as such is forbidden to request any relief until such compliance.

7. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

or

1.The claimants claim is for the sum of £460 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 limited under account reference xxxxx and assigned to the claimant on xx/xx/xxxx notice of which has been given to the defendant.

2.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.

3.The claim also includes statutory interest pursuant to sectiom 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 xx/xx/xxxx being an amount of £36.60.

 

IN THE county courticon

*BUSINESS CENTRE

Case No

(NAME) - Claimant

VSicon

(NAME) – Defendant

Defence

The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

1 Paragraph 1 is noted. I have had an agreement in the past with Shop Direct Finance Company but do not recognise the account number referred to by the claimant.

Furthermore which is denied,I am unaware of any legal assignment or Notice of Assignment allegedly served over X years ago.

2 Paragraph 2 is noted but not admitted. The claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the defendant did not enter into any agreement with the claimant and is therefore put to strict proof to verify the alleged statement of its particulars.

 

3 On the 07/11/2016 (sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. The claimant has failed to date to respond to the CPR and remains in default of the section 78 request.

4 It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement; and

(b) show how the Defendant has reached the amount claimed for; and

© Show and evidence any breach and service of a default Notice which it refers to in their particulars;

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

5 As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

6 On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.

7 By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

 

 

 

if mcol doesn't work still

 

 

you can email it>>

 

 

MCOL is only one way of responding to a claim.

.

If you are having problems logging in, or would prefer not to use MCOL,

you can fax, email or post your response to the Court instead.

If you send your response by e mail

please send it to MCOL@hmcts.gsi.gov.uk and ensure you quote “Claim response” and quote the claim number in the subject field.

.

[Old Cogger]

Blimey I concur, maybe now they will concentrate and stop wasting other helpers time by having to repeat themselves, other peeps need urgent help at times and could be helped quicker,

 

 

so Jackf get it off and keep an eye on proceedings from now on

 

any trouble with MCOL then send via E-Mail:-

 

 

Email:-

 

 

Claim responses & directions: ccbcaq@hmcts.gsi.gov.uk

County Court Business Centre (CCBC): ccbc@hmcts.gsi.gov.uk