*** DISCONTINUED *** Catalogue debt

[Diana M]

Re: Catalogue debt

Thank you for your PM nafta.

We have previously exchanged a few emails when the claim landed on your mat, so I'll reply to you that way later this afternoon because it's easier

Di

[warwick65]

Re: Catalogue debt

I will scan and upload these up as soon as possible. Is this what you mean @warwick65 ?

Yup that is what I was asking for

Glad to see Di has your back

[nafta]

Re: Catalogue debt

Hi,
Could someone help me with a link to an example Witness statement I could follow. I need to do this as soon as possible as it needs to be there by Thursday? I don't know which points to use hence I would like to follow a template?
I have a reconstituted contract from them, also there was a document we were trying to find out if it was the right circa and believed it was not. Although the court apparently were informed of changed of layers I was not. Are all these things i can use?. I also have letter written without logo etc just a plain paper. In my opinion these could have been written any time. IS this a valid point?
Any ideas much appreciated.

[Amethyst]

Re: Catalogue debt

There are some examples of Witness Statements here -> http://legalbeagles.info/forums/show...ness-Statement

If you did not sign an agreement when you opened the account you need to plead that in your witness statement. Do you remember that far back, have any other records which could demonstrate you would know if you signed an agreement? ( kept copies of other agreements etc )

With Littlewoods they often sent out an agreement with the first order, and not many people bothered signing them and sending them back. If the account was opened in 2000 then that was before online applications and agreements so it would have had to be on paper. You don't believe you signed anything at any later date.

Do you know how much of the debt is actual spends, and how much is interest/charges ?

For change of lawyers acting for the claimant you should have received a notice of change of solicitors. It's a procedural point really but still worth pointing out.

As is the fact they did not supply any documents despite you having been asking for them for almost 2 years. You were disputing and dealing directly with Littlewoods before you defaulted on the payments and you kept them informed of your circumstances, but despite that they kept adding charges ( their right to do so is disputed as you never signed an agreement giving them that right ) and meant the account went into default ( cycle of debt in essence - which, you could argue, if it is found you did sign an agreement, which is denied, the terms are unfair etc ( tough to say without seeing the recon really ) )

check the interest rate given on the recon, and the default / late payment charges, if you can find any statements ( did you do a SAR ? ) you can compare with those. Check address and phone numbers of the company and whether those were correct at the time. Why do you think it isn't from 2000 ?

[nafta]

Re: Catalogue debt

Thank you [MENTION=6]Amethyst[/MENTION] I did do a SAR and they did not send me any copies of a credit agreement.
About the circa 2000 I think someone mention here that the interest did not look right.
I never signed a contract. Shop direct did not send me one
I have attached their defence here.

[Amethyst]

Re: Catalogue debt

Have you got a copy of the recon agreement (RC1) ?

Also in the SAR is there transactions so you can pick out purchases amounts - then subtract payment amounts ... should give you a good idea of what you might owe if there is no agreement ( ie no entitlement for them to claim interest/charges etc )

[Diana M]

Re: Catalogue debt

I don't know which points to use hence I would like to follow a template?
I have a reconstituted contract from them, also there was a document we were trying to find out if it was the right circa and believed it was not. Although the court apparently were informed of changed of layers I was not. Are all these things i can use?. I also have letter written without logo etc just a plain paper. In my opinion these could have been written any time. IS this a valid point?.

If you have the benefit of the other side's Witness Statement and Exhibits (filed early?) you'll know what they're likely to argue in court and what evidence they have (or haven't) to support their case.

Di

[warwick65]

Re: Catalogue debt

You have left your name and address on the witness statement

I have reported the post

[Kati]

Re: Catalogue debt

You have left your name and address on the witness statement

I have reported the post

sorted xx

[warwick65]

Re: Catalogue debt

Hi

Just a few points that you may want to look at in your WS

You sent a S78 request to the claimant - what did they send back to you - was it a recon of the agreement , two sets of terms and conditions and a statement shoing the balance- was it all legible

On the SAR what was the date the default notice was sent, can you pick out any details as to when they wanted it correcting by ?

You say you did not sign the agreement therefore you tell the court that and the agreement was therefore improperly executed - look at S60, 61 and 127 of the consumer credit act , particularly S61 (1) a http://www.legislation.gov.uk/ukpga/1974/39/section/61

and S127 (3)

Anything you can factually dismiss in their witness statement is worthy

- - - Updated - - -

Have you got a copy of the recon agreement (RC1) ?

Also in the SAR is there transactions so you can pick out purchases amounts - then subtract payment amounts ... should give you a good idea of what you might owe if there is no agreement ( ie no entitlement for them to claim interest/charges etc )

If the OP can convince the court no agreement was signed then it is unenforecable and not interest or anything else is due

The problem is- if they have screen shots of the OP saying they can not remember and can identify them it kinda blows their credibility

- - - Updated - - -

sorted xx

Still there [MENTION=49370]Kati[/MENTION]

page 3 new address

[nafta]

Re: Catalogue debt

I have attached several documents. one id the credit agreement they have sent both times. V24.0 was the reason why the circa 2000 was in dispute but I was never able to find that out.

On one of the letters it says lowells are waiting for shop direct to send them a copy of notice of default? Should not they have this documents before they start the claim?

The sar response only included the following: Cover letter, abbreviation list, statements, system notes, orders and returns, payments, Emails, Evidence of PPI copy response case. There was no notice of default sent to me by Shop Direct, neither there was a contract of any kind.

[nafta]

Re: Catalogue debt

what is that black thing? the letter that came with the rc , notice of assingment and statement said that it include notice of default and I am still to see one? am I missing something?

[Amethyst]

Re: Catalogue debt

Well that's not the original agreement from 2000....

Default Charges @ £12 would indicate it is post 2006.

0344 numbers weren't introduced until 2009.

Littlewoods and Shop Direct weren't one entity till either March or Nov 2005 ( I can never remember )

Shop Direct Finance Company came into being even later... I'll check. ( 2009 - https://s3-eu-west-1.amazonaws.com/d...YoiN%2FbywU%3D )

Limit for CCA increased from £25k to £30k in 2006 ? ( check !)



Oh plus opened in 2000 ( pre 2007 ) a recon shouldn't be sufficient.

[nafta]

Re: Catalogue debt

Well that's not the original agreement from 2000....

Default Charges @ £12 would indicate it is post 2006.

0344 numbers weren't introduced until 2009.

Littlewoods and Shop Direct weren't one entity till either March or Nov 2005 ( I can never remember )

Shop Direct Finance Company came into being even later... I'll check.

Limit for CCA increased from £25k to £30k in 2006 ? ( check !)

Wow! I am also suprised you have been able to read all that! I cannot read it even with my glasses on So this is my defence in WS?

[Amethyst]

Re: Catalogue debt

what is that black thing? the letter that came with the rc , notice of assingment and statement said that it include notice of default and I am still to see one? am I missing something?

Screenshot - along with a WS stating they sent one and a template copy of the standard DN they tend to get away with it.