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COUNTY COURT CLAIM - CPR18 - Credit Agreement Provided. How to amend

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COUNTY COURT CLAIM - CPR18 - Credit Agreement Provided. How to amend

Post by 2521183 on Thu May 24, 2018 2:47 pm

Hi all,

I hope you're all well.

First of all I just wanted to say that I didn't realise the old forum has moved. There is so much to read there that I was occupied with the old posts and then realise nothing much has been happening since about 2017. Its a ghost town. Somehow I found this forum. Yay!! cheers

I've been dealing with very since about 2014. I had the account and ordered things from there but I was very young at the time so my credit limit was £150. Now, I think they made a mistake as they have sent me a letter when I registered to vote at my university address asking for a payment close to £1000. I was quite worried and decided to ignore them  Laughing but after a few threatening letters I started researching and found GOODF. Now, I started the three letter process when I received a letter from Shop Direct (I thought they were a different company but then realised that nope, still very). Then we sent a few letters back and forth. They got bored and assigned the debt to Lowell. Lowell just kind of left it for a while and recently their solicitors sent a letter to my mother's address (oops). Maybe they tried to contact me at my uni address, but I moved out of halls to a different address after the summer so they went back to my mother's address, who knows.

they have sent me an electronically signed Credit Agreement in our previous correspondence. They have also sent me a Shop Direct Group Statement which I questioned as the amounts do not add up to the alleged debt. Simple mathematics, nothing crazy. I asked them to explain the adjustments and charges as well as provide me with the calculation of how the amount of £XXX.XX came to be. Their response was that they believe the statement is sufficient. Furthermore, they sent me a copy of a letter from Very/ Shop Direct "we have assigned the ownership of your account to Lowell..." and a copy of a letter from Lowell 'introducing themselves.' Another document I received is the picture. I blacked out some of the information, but I'm not actually sure what this is supposed to be. I did ask them but that was just ignored.



As far as I am concerned the outstanding information as per my initial letter to Cohen and Cramer is as follows:

i. Details relating to the original debt (the statement does not explain this);
ii. Details of charges and interest (I was directed to the statement however, as I explained the statement does not provide the details);
iii. Proof of service of default Notice;
iv. A copy of the Legal/ Absolute Assignment of the Agreement, including a copy of a duly executed Deed of Assignment and / or Deed of Tripartite Novation (in relation to the Deed of Assignment I was told that it "is a commercially sensitive and privileged document.")

As far as Cohen Cramer are concerned it is time to go to court.

So, I received a County Court Claim Form (Northampton). I acknowledged service on-line. Now, I was typing up the CPR18 and realised that it states "Prior to the issue of proceedings I had delivered a request for the production of the Agreement referred to in the Particulars of Claim, and on which you intend to rely. That request was ignored. "

Now, my question is... Should I accept the electronic Credit Agreement and skip the CCA Request from Lowell, and amend the CPR18 to ask for the remaining documents and prepare witness statement in accordance? Or is there something else I should be doing?  

Also, a very important question to me. Why am I being charged £70 for solicitor fees? Surely Lowell can represent themselves like I am??  Rolling Eyes  Rolling Eyes

Thank you in advance for your help! I hope this all makes sense, if not please forgive me my brain is currently overloaded with revision bounce  bounce

2521183
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Re: COUNTY COURT CLAIM - CPR18 - Credit Agreement Provided. How to amend

Post by 2521183 on Wed May 30, 2018 10:24 am

Hi everyone, I'd really appreciate any advice as I'm not sure what to do.

2521183
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Re: COUNTY COURT CLAIM - CPR18 - Credit Agreement Provided. How to amend

Post by daveiron on Wed May 30, 2018 12:09 pm

This link may be useful,
http://goodf.forumotion.com/t1222-pre-action-protcol-for-debt-claims?highlight=pre+action+protocols

you should have received this, list on there everything you have requested ,that they have not supplied.
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Re: COUNTY COURT CLAIM - CPR18 - Credit Agreement Provided. How to amend

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