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Lowell Court order

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Post by Hellsbells6721 on Sun Mar 10, 2019 11:52 am

Hi all,

Lowell have sent a court order for the debt they bought off Very, mail order catalogue. i sent them the first two template letters but they did not provide the necessary documentation.
there is so much I don't understand. What is a directions questionaire and an SAR?
Please can someone help. This debt is in my husbands name.

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Post by assassin on Sun Mar 10, 2019 6:00 pm

Then it is your husbands responsibility and not yours; if they are sending you correspondence demanding money then this is fraud.
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Post by waylander62 on Sun Mar 10, 2019 9:47 pm

@Hellsbells6721 wrote:Hi all,

Lowell have sent a court order for the debt they bought off Very, mail order catalogue. i sent them the first two template letters but they did not provide the necessary documentation.
there is so much I don't understand. What is a directions questionaire and an SAR?
Please can someone help. This debt is in my husbands name.

a directions questionnaire ?? if you have received one of these then they have already issued a claim and the case is well in advance ?

lowell cant send out court orders ?

much more information is required as it is impossible to tell where this is currently at ?

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Post by Hellsbells6721 on Thu Mar 14, 2019 1:05 am

Hi,
Thanks for responding, this is my husband's debt but I am trying to help.I don't think he had a directions questionnaire but he did have a letter of claim which he didn't respond to so he has now received a County court claim form from Northampton. I am trying to gather information as to what to do next and any help or advice you could give would be greatly appreciated.
Also, I have been through this process back in 2016 and it seemed to have worked for a while but Lowell have started sending letters again, the last one being a Pre Legal Action. Again, I don't know where to begin.
My financial difficulties escalated when I got breast cancer in 2008; in 4 years I had 2 mastectomies and 18 months of chemotherapy. As I am an agency nurse I did not get any pay and we were almost bankrupt. I didn't expect to be going through this as, quite frankly, I wasn't expected to survive this long.

Thanks
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Post by Hellsbells6721 on Thu Mar 14, 2019 2:14 am

Hi,

Could I also add that the last letter we received prior to the court order stated the following :

For your information, we confirm that since the original creditor assigned only its benefit and not its burden under its agreement with you, there was no requirement for your consent, no novation took place and therefore no novation agreement exists or was required. We would add that our client would not at any time be under any obligation to disclose the Deed of Assignment to you. This is a private record of contract between our client and the original creditor,the terms of which are commercially sensitive and confidential.

Due to the nature of the business, we cannot guarantee that correspondence will always be dealt with by the same individual. Therefore, we are unable to provide you with this information.

We do not accept the terms of your letter.

This was sent from Lowell solicitors almost 6 months following sending the second of the three letters,which ire sent.

Any advice will be welcome.

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Post by waylander62 on Thu Mar 14, 2019 12:52 pm

@Hellsbells6721 wrote:Hi,
Thanks for responding, this is my husband's debt but I am trying to help.I don't think he had a directions questionnaire but he did have a letter of claim which he didn't respond to so he has now received a County court claim form from Northampton. I am trying to gather information as to what to do next and any help or advice you could give would be greatly appreciated.
Also, I have been through this process back in 2016 and it seemed to have worked for a while but Lowell have started sending letters again, the last one being a Pre Legal Action. Again, I don't know where to begin.
My financial difficulties escalated when I got breast cancer in 2008; in 4 years I had 2 mastectomies and 18 months of chemotherapy. As I am an agency nurse I did not get any pay and we were almost bankrupt. I didn't expect to be going through this as, quite frankly, I wasn't expected to survive this long.

Thanks
Hellsbells6721

First of all i would like to say i am sorry to hear of your illness and wish you well.

No he has definitely not had a directions questionnaire. lowell have clearly disregarding the letters you have previously sent.

the letter you should have recently received should have been titled Letter Before Action ( within last 4 to 6 weeks) and accompanied with some forms for you to fill in and reply to? is this the case ?

have they sent you any form of documentation at all ? as proof ?

VERY IMPORTANT is the date on the claim form ( top right hand corner)

you and your husband must now decide whether you are intending to defend their claim or not, time is now very much the key to all of this.

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Post by Hellsbells6721 on Thu Apr 11, 2019 10:29 pm

Please excuse the delay in my reply. it appears that I must have done something wrong when sending it.
You are right, he has not received a directions questionnaire or a a letter titled Letter before action, He had a letter titled, Letter of claim- 30 Days to prevent Legal Action on 10/01/19. He then had a Notice of claim issue on 12/03/19. He has never had some forms to fill in or a Default notice.
He has had a copy of the original agreement and a short statement from Shop Direct.
He has responded to the County Court Claim form within the time frame, i.e 26/03/19 and I understand that he has a month to present his defence. This is what we are struggling with.
He has now received another letter - Notice of County Court Judgement, giving him a deadline date of 15/04/19 to respond to the County Court Claim or they will ask the Court to enter a CCJ against him in default and if he does not make the payment as ordered, they may need to enforce the order by
Warrant of Control
Attachment of Earnings
Charging order

From our calculations the response date is 23/04/19

We would appreciate your advice on this matter.

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Post by waylander62 on Fri Apr 12, 2019 9:12 am

is this letter from the claimant or the court ?

that is why i asked you on 14th march the date on the claim form as being VERY IMPORTANT

issue date was 12/3/19 so therefore the acknowledgement of service date was 31/3/19 did you ack. service by 31st ?

deadline for submitting defence is 14/4/19 so you have time (just)

if you dont get the defence submitted by sunday then you risk losing by default, you have left this very late.

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Post by Hellsbells6721 on Fri Apr 12, 2019 9:33 am

Hi,

The letter was from the claimant.
The issue date on the claim form was 07/03/19 and the date of service is the 12/04/19. I did ack service within the time frame but have not sent the defence. Having re read the notes I can see that the defence must be sent no later than 28 days from the date of service, so I think it's too late !!!

I realise that I have left this late but I was so stressed, my husband does not have a clue and I'm struggling with my health.
Thank you so much for responding, is it worth me ringing the court?
he

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Post by waylander62 on Fri Apr 12, 2019 9:47 am

i would submit a defence over the weekend

best way to do it is to write it in a word document then e mail it as an attachment to the court and hope for the best !!

your deadline for the defence was 9th april so i would date the document you are sending 8th April, get it sent and really hope for the best.

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Post by Hellsbells6721 on Fri Apr 12, 2019 10:06 am

Thanks, I am trying to prepare a defence at this moment, if there is anything you could suggest I add I would be very grateful.

Many thanks

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Post by waylander62 on Fri Apr 12, 2019 10:40 am

have you sent a CCA request to them ?

what other documents have you asked for ?

what documents have they sent you ?

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Post by Hellsbells6721 on Fri Apr 12, 2019 11:20 am

I have not sent a CCA request to them as I have only recently learnt about this. I received a Letter of Claim from them but not an LBA.
I requested from them the documents as laid out in the template letters, i.e, True and Certified copies of the Deed of Assignment and Deed of Novation. I also requested the name of the individual who is the duly authorised representative of the company, who has seen the Original Note and is certifying the assignments as certified copies and that the company now has the Original Note etc.

I received a copy of the agreement (not certified) last July. I was also sent a very basic copy of the statement of the account which they had from Shop Direct.

I was told in a letter in January that since the original creditor assigned only its benefit and not its burden under its agreement with my husband and there was no requirement for his consent, no novation took place and therefore no novation exists or was required. They added that Lowell would not,at any time, be under obligation to disclose the DOA as it is a private record of a contract between Lowell and the original creditor, the terms of which are commercially sensitive and confidential.
I would like to add that i never received a Default Notice and the claim a payment of£30 was made on 18/02/16. I
do not have record of this payment!
The other letters i received from them were

Notice of Claim issue 12/03/19

Notice of pending CCJ 05/04/19

Thanks
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Post by waylander62 on Fri Apr 12, 2019 11:49 am

a defence is a must so it has to be submitted

we can start asking questions after that.

so he has had a copy of the agreement, without seeing it it is hard to comment.

i have not seen their particulars of claim either so again it is hard to comment do they mention in their claim that you defaulted on the account ?

their has to be at least 1 argument that is valid to make them think, what date was the agreement ? when it first started ?

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Post by Hellsbells6721 on Fri Apr 12, 2019 12:08 pm

Its a credit agreement Regulated by the Consumer Credit Act 1974 between me and Shop Direct Finance Company LTD with a standard European Consumer Credit Information attached.
There is no mention of a default.
The agreement date is 27/12/14

Thank you so much for taking the time to help. i am very grateful and would willingly contribute to help fund this site as I did with GOODF, where I was a Platinum member.

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Post by daveiron on Fri Apr 12, 2019 1:00 pm

Hi hellsbells,

No financial contributions are required, All thats requested is please keep us updated (good or bad) .
and help others if you can in the future .

regards dave
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Post by Mrblue on Fri Apr 12, 2019 1:03 pm

Agreed with DaveIron - esp as I for one lost £50* to a crowdfund for the original site that I contributed shortly before the original site went walkabouts...

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Post by waylander62 on Sat Apr 13, 2019 10:13 am

this is quite an urgent situation so needs immediate attention.

there is so little information to go on it is very difficult to help you with a defence

can you take photos of documents and attach them to posts ?

i can help with default, and assignment but not knowing their particulars of claim and the information regarding the actual agreement it is impossible to offer a defence against the agreement.

in an earlier post you have said He has had a copy of the original agreement and a short statement from Shop Direct. did this come from shop direct or did lowell send it to you ?

does he have statements of his own ? this is apparently for a 'very' account ? is the agreement signed ? was it applied for online ? was there any payment protection included with the account ( there often was ) were there unfair charges applied to the account ?

so many things can be asked and checked, lowells will be clueless on all of these things the defense against such claims can often be found in your own paperwork but TIME is against us so if you dont have them then just a basic defense will have to be the way forward initially.

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