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Court Claim - Shop Direct (Phoenix Recoveries)

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  • Court Claim - Shop Direct (Phoenix Recoveries)

    Particulars of Claim

    1. The claim is for the sum of £2984.55 in respect of monies owing by the defendant on a credit agreement held by the defendant with Shop Direct (Carval) under account number ........ under which the defendant failed to maintain payments.

    2. A default notice was served upon the defendant and has not been complied with.

    3. The balance owed was assigned from Phoenix Recoveries (UK). to the claimant, and the defendant has been notified of the assignment by letter. Contact drydenfairfax solicitors on 0113 8233850

    I received this in the week some time as only returned home today from visiting family. I’ve logged into the Money Claim Website to acknowledge and will defend the claim if it’s possible. However, I feel I need some advice as this isn’t that straight forward.

    This debt is from a Littlewoods Catalogue from over 10 years ago. The amount owed was actually from goods ordered by my daughter and upto approximately 4 years ago was being paid regularly by her from her bank account. I have personally made no payments on this debt or on that account for over 12 years.

    The reason the payments stopped was due to within the space of 9 months the debt was moved from one collection company to another and the standing orders/directs were either returned or the previous company said they’d pass the payment on and to change to the new collection agency. On 2 occasions it moved agencies before payment could be setup.

    The amounts kept changing and it just seemed to be getting messier and messier.

    I cant recall receiving a default notice from Phoenix.

    i or my daughter have no paperwork from previous correspondence. She’s moved twice and I just cleared out anything I thought was irrelevant.

    i don’t have a CCA as the Claim states.

    My daughter has always said she’d pay but we both dispute the amount owed. She has said she’d pay now, not the amount stated and not the amount in full but the debt is in my name.

    is it worth defending or just offering an amount. Considering I personally haven’t made any payments at all.

    Also do I tick the box to Contest Jurisdiction?
    Last edited by Kati; 21st October 2017, 17:07:PM. Reason: removed link on tel number ;)
    Tags: None

  • #2
    Re: Court Claim - Shop Direct (Phoenix Recoveries)

    Hi & welcome to LB.

    I'm assuming that, as you're using MCOL, you are in England/Wales.
    If so do not contest jurisdiction.
    I would suggest you defend in full for now; you can always change your mind later if necessary.
    Do not put any dialogue in the defence box.
    What is the issue date stated on the court claim form?
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment


    • #3
      Re: Court Claim - Shop Direct (Phoenix Recoveries)

      Thank you for your reply.

      Yes I’m in the UK. I did some more reading and didn’t tick the box.

      The Claim Issue Date was the 13th October 2017.

      Comment


      • #4
        Re: Court Claim - Shop Direct (Phoenix Recoveries)

        Ok.

        Next steps
        CCA request + £1 fee to the Claimants (IF Arrow, what is the full name on the claim form?)
        CPR 31.14 request + a copy of the CCA request to DF (solicitors).
        SAR + £10 fee to Shop D.

        Keep copies & get proof of posting.

        See top of this thread for templates.
        Last edited by charitynjw; 21st October 2017, 17:31:PM.
        CAVEAT LECTOR

        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb


        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.


        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

        Comment


        • #5
          Re: Court Claim - Shop Direct (Phoenix Recoveries)

          Hi
          Just to add to what [MENTION=5553]charitynjw[/MENTION] has said ( evening Sir) you can ask for the agreement, the default notice and the Notice of assignment in the CPR 31.14 although as they say it was assigned I would also ask for the Deed of assignment

          So to repeat what has been said

          CCA + £1 fee to the claimant
          CPR 31.14 request to the claimants solicitor (no fee) asking for
          The Default Notice
          The agreement
          The Notice of assignment
          The Deed of assignment

          Include a sentence along the lines of 'I enclose a copy of my S77-79 request which was sent to the claimant by Royal mail signed for post on xxxxxx' then make sure you do include a copy

          It may well be worth your while sending a SAR to Shop Direct as well as this may show up info that the claimant is not aware of

          Comment


          • #6
            Re: Court Claim - Shop Direct (Phoenix Recoveries)

            This debt is from a Littlewoods Catalogue from over 10 years ago.
            Before April 2007?


            @warwick65.....good evening, Sir
            CAVEAT LECTOR

            This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

            You and I do not see things as they are. We see things as we are.
            Cohen, Herb


            There is danger when a man throws his tongue into high gear before he
            gets his brain a-going.
            Phelps, C. C.


            "They couldn't hit an elephant at this distance!"
            The last words of John Sedgwick

            Comment


            • #7
              Re: Court Claim - Shop Direct (Phoenix Recoveries)

              Originally posted by charitynjw View Post
              Before April 2007?


              @warwick65.....good evening, Sir
              Again, thanks for the replies. Thanks to storm Brian I’ve had no phone or broadband since Saturday evening.

              Yes it was before April 2007.... way before.

              Comment


              • #8
                Re: Court Claim - Shop Direct (Phoenix Recoveries)

                Yes it was before April 2007.... way before.
                Ok, that could be useful.
                Agreements signed before April 2007 can, in certain circumstances, be 'irredeemably unenforceable'.
                Have you sent the CCA request (& other stuff) yet?
                CAVEAT LECTOR

                This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                You and I do not see things as they are. We see things as we are.
                Cohen, Herb


                There is danger when a man throws his tongue into high gear before he
                gets his brain a-going.
                Phelps, C. C.


                "They couldn't hit an elephant at this distance!"
                The last words of John Sedgwick

                Comment

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