Lowell Claim Form... Looking for Advice

[Mittens2317]

C&Pd from MoneySavingExpert (was advised to come here instead)...

So I received a claim form from Lowell asking me to pay them a total of £453.65 (£373.65 the amount claimed). This claim is for debt they bought off Shop Direct for a Littlewoods account I had. A while back I was paying it off at about a fiver a month, as I'm not made of money and struggle as it is.

One day I was going through my finances, and realised that I couldn't possibly owe so much, so decided to stop paying. Now though, I face a potential CCJ or whatever, so I need to sort it out once and for all.

According to the information I've gathered, my Littlewoods order history (the only one of Shop Direct's catalogue sites I used btw), I ordered £663.90 worth of items. The account was set up in Feb 2010, and there were occasions that I missed payments.

However, looking over my bank statements, I've paid them a total of £1,422.66, which is just over double the amount of what I owed. Now, if you factor in the interest, I'm sure that the maths would probably work out just about right if I also had to pay the £10 late payment fee every single month from the moment I opened the account until the present day. I've also paid Lowell a total of £40 over an eight month period, suggesting that Shop Direct claimed I owed £413.65 on top of the £1,422.66 I'd already paid, which would essentially result in me paying £1,836.31 for £663.90 worth of gear.

Doesn't quite work out, imo.

And that's what brings me here, I'm not entirely sure what I should do. I have until the 14th or 15th to respond to the claim. I can't afford it, nor can I afford a solicitor, and I don't feel I should pay for either considering the amount I've already sunk a total of £1462.66 towards this.

So I must ask, what options are available to me? If I dispute the claim, approximately how much would it cost, and would I have to go to court? If I just lie down and accept it, would I be allowed to enter into a payment agreement, and would this turn out to be the cheaper option? Would I be able to flip the script and actually claim some of the money back myself? How would I do that if Shop Direct aren't involved?

I could really do with a bit of advice, as this is all new to me, and have never felt so baffled and confused in my life. Any help would be appreciated, cheers.

[Amethyst]

Re: Lowell Claim Form... Looking for Advice

Hi and welcome to LegalBeagles.

Your first step is to acknowledge the claim. You can do this online at MoneyClaimOnline.

The passwords and references for logging in to your claim should be on the front page of the N1 claim form you have received.

Once in you need to select ''I intend to defend this claim in full''. This isn't binding, but it does extend the time you have to respond from 14 days to 28 days from the date of service. (The date of service is usually deemed around 4/5 days after the date on the claim form - or around the date you received it)

The next step is to post up the Particulars of Claim (POC) from the front of the claim form on your thread, just in case there is anything unusual about the claim. They are usually the same from BW Legal and Lowells.

Next step is to send a couple of letters off;

First letter is to go to the creditor (in this case Lowells) see if they have the right to enforce the debt. This will require you to send a £1 postal order / cheque with the following letter;

Address
Address
Address


Dear Sir/Madam

Re:− 000000000000

With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement.

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a legible copy of the credit agreement on request. I enclose a payment of £1.00 which represents the statutory fee payable under the Consumer Credit Act.

I understand a copy of my credit agreement should be supplied within 12 working days. Should you fail to comply with my request you will be unable to enforce this debt.

Should you require more time to comply, please confirm this to me in writing, and confirm that you have placed all and any action on this account on hold.

I look forward to hearing from you.

Yours faithfully

Secondly you need to send a formal CPR (Civil Procedure Rules) request for disclosure of documents mentioned in the statement of case (POC). Usually they mention a contract or agreement, assignment, default notice and the amount. This letter goes to the solicitors (in this case probably B W Legal )

Address
Address
Address

Date

Address
Address
Address


Dear Sir/Madam,

In the Northampton County Court
Claim No: XXXXXXXXX
between LOWELL PORTFOLIO 1 and XXX YOUR NAME XXXX

Request for Information under CPR Part 31.14

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following document(s) mentioned in your statement of case ;

1: the agreement/ contract

2: the assignment

3: the default notice

4: statement of account

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested.

I look forward to hearing from you.

Yours faithfully

That should get you started I'll come back in a bit and add to this xx

[FlamingParrot]

Re: Lowell Claim Form... Looking for Advice

So I must ask, what options are available to me? If I dispute the claim, approximately how much would it cost, and would I have to go to court?

It shouldn't cost you anything unless you have to make an application to the court for which a fee is payable.

If I just lie down and accept it, would I be allowed to enter into a payment agreement, and would this turn out to be the cheaper option?

Of course you would, even a court can't order you to pay what you haven't got, however, you'd have a CCJ on record for 6 years.
Personally, I wouldn't take this route, given how much you've paid already.

Would I be able to flip the script and actually claim some of the money back myself? How would I do that if Shop Direct aren't involved?

Yes, you have the option to counter-claim against the creditor.

[cherrybaby]

Re: Lowell Claim Form... Looking for Advice

Hi M2317
I am in the very same situation with BC and Littlewood but don't worry too much just do as Amethyst said then take it from there that's what I have done and now thery say that my claim is on a 14 day hold until they send me the documents.

[Mittens2317]

Re: Lowell Claim Form... Looking for Advice

Thanks for the advice, I sent the AoS. Here is the PoC as appears on the claim form:

The Claimant's Claim is for the sum of 453.65 being monies due from the Defendant of the Claimant under a Mail Order agreement regulated by the Consumer Credit Act 1974 between the Defendant and Shop Direct Finance Company Limited

under account reference xxxxxxxx and assigned to the Claimant on 22/12/2011 notice of which has been given to the Defendant. 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.

The Claim also includes statutory interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8.00% per annum (a daily rate of 0.07) from the date of assignment of the agreement to the date of issue (24/01/2014) being an amount of 53.55.

Also, what exactly happens once I send off those two letters? Can't thank you enough for all this.

[FlamingParrot]

Re: Lowell Claim Form... Looking for Advice

Thanks for the advice, I sent the AoS. Here is the PoC as appears on the claim form:

Also, what exactly happens once I send off those two letters? Can't thank you enough for all this.

You should send them as soon as possible. With the CCA request, if they fail to respond, you can use that fact in your defence. Given that this was a catalogue account there's likely not to have been an agreement in the first place.

With the CPR 31.14 request, if they don't respond in 7 days, you should contact the solicitors who issued the claim (who are they, BW Legal or Bryan Carter?) and ask them to agree to an extension to file your defence.

Send both recorded delivery so you can track them. :thumb:

[Mittens2317]

Re: Lowell Claim Form... Looking for Advice

It's BW Legal. And wow, I've gotta say, I'm not really used to friendly internet communities. Again, thanks for all the help!

[FlamingParrot]

Re: Lowell Claim Form... Looking for Advice

It's BW Legal. And wow, I've gotta say, I'm not really used to friendly internet communities. Again, thanks for all the help!

We're not like the rest, we bark loudly but don't bite! :beagle::beagle::beagle::beagle::doggieyes: :tongue2:

[Amethyst]

Re: Lowell Claim Form... Looking for Advice

Mittens, I'm sorry I was going to add to my initial reply but must have gotten sidetracked.

The debt needs sorting out as well as sorting out the court action so I think you need to be asking for a full statement of the account from its inception to see how the amount has grown over the years. I know my 'Very' account (also Shop Direct) has an insane interest rate of 49%APR but I only use it for emergencies (well, birthdays and stuff) and then only buy now pay in six months (BNPL) with no interest (I pay for it though with their expensive prices!) If I did miss paying off a BNPL deadline they would just stick the 49% interest for those 6 months on and keep adding it until I cleared the account so it would build up rather rapidly.

Soooooooo, and FP might have an input on this, I wonder whether we should send a SAR to ShopDirect - downside it takes 40 days and costs £10 - or possibly try a Part 18 request for further information to ask for details of how the current balance has been reached.

The debt is only from 2010 and it may be that they can provide a reconstructed Internet Application form with terms from then so you, as well as making sure BW and Lowell are actually capable of collecting this debt, should try getting everything together to form a defence and/or offer/counter claim against the amount claimed.

If it turns out that you do legitimately owe say £200 then you could make an offer either direct to BW/Lowell or via the court of an affordable monthly installment amount (like your previous £5 a month) - if you could agree it outside of the court then you should get away without having a CCJ lumped on your record for the next 6 years.

Just thinking a bit ahead tactically.

FP what do you reckon ?

[FlamingParrot]

Re: Lowell Claim Form... Looking for Advice

Mittens, I'm sorry I was going to add to my initial reply but must have gotten sidetracked.

The debt needs sorting out as well as sorting out the court action so I think you need to be asking for a full statement of the account from its inception to see how the amount has grown over the years. I know my 'Very' account (also Shop Direct) has an insane interest rate of 49%APR but I only use it for emergencies (well, birthdays and stuff) and then only buy now pay in six months (BNPL) with no interest (I pay for it though with their expensive prices!) If I did miss paying off a BNPL deadline they would just stick the 49% interest for those 6 months on and keep adding it until I cleared the account so it would build up rather rapidly.

Soooooooo, and FP might have an input on this, I wonder whether we should send a SAR to ShopDirect - downside it takes 40 days and costs £10 - or possibly try a Part 18 request for further information to ask for details of how the current balance has been reached.

The debt is only from 2010 and it may be that they can provide a reconstructed Internet Application form with terms from then so you, as well as making sure BW and Lowell are actually capable of collecting this debt, should try getting everything together to form a defence and/or offer/counter claim against the amount claimed.

If it turns out that you do legitimately owe say £200 then you could make an offer either direct to BW/Lowell or via the court of an affordable monthly installment amount (like your previous £5 a month) - if you could agree it outside of the court then you should get away without having a CCJ lumped on your record for the next 6 years.

Just thinking a bit ahead tactically.

FP what do you reckon ?

My vote is for the Part 18 request because:

• it's part of the CPR
• it would be to BW Legal to comply, unlike a SAR which would go to a third party they have no control over
• they have just 14 days to respond rather than 40 days
• there is no fee

As you had replied above with the template letters, etc. I didn't realise the account was that recent.

[Amethyst]

Re: Lowell Claim Form... Looking for Advice

Yep my bad, I still think the CCA and CPR 31.14 letters are a good idea in the case that Lowell aren't exactly the greatest at coming up with the right info, however Mittens has a viable dispute on the sum claimed so more information is required to enable a decent decision on whether to defend or negotiate settlement to avoid the CCJ. I suspect a similar 'this isn't in fast track so bog off' response would be forthcoming from a Part 18 request and we still may need to defend on a lack of information basis in the end.

Mittens do you still have access to online account statements or anything from this account?

[FlamingParrot]

Re: Lowell Claim Form... Looking for Advice

It could be something along these lines, may need to amend the bits about charges, etc. since I'm not familiar with the account.

IN THE xyz county court
CLAIM NO:


BETWEEN:

XXXXXXXXXX

Claimant

and

XXXXXXXXXXX

Defendant

PART 18 REQUEST FOR FURTHER INFORMATION

To: XYZ (claimant)

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

In relation to each and every breach by the Defendant which resulted in a charge being applied, please provide full details and relevant documentation of the following:

a) any incidents of manual intervention in respect of each and every charge applied to the account;

b) how and when are charges applied to the account, whether automatically or by other means;

c) the Claimant’s assessment of the cost of sending letters, making phone calls, or otherwise administering the account, with details of how the cost is calculated and what items of expense are included;

Yours faithfully

[Mittens2317]

Re: Lowell Claim Form... Looking for Advice

I can log in, but I can't seem to access any relevant part of the site, as I'm greeted by this message...

My Account - Access Unavailable

Unfortunately it has not been possible to gain access to this area at present. Please call and speak to one of our customer advisors.

[FlamingParrot]

Re: Lowell Claim Form... Looking for Advice

I can log in, but I can't seem to access any relevant part of the site, as I'm greeted by this message...

[B]

What site is that? MCOL? It may have been down last night. As you posted right on the dot at midnight, that may have been the reason, sometimes websites do funny things at midnight. Try again! :typing:

[Mittens2317]

Re: Lowell Claim Form... Looking for Advice

Sorry, should've specified that I was replying to Amethyst. The only evidence of payments I have is statements from my online banking account. Would I have to request a printout in branch?