*** DISCONTINUED *** Catalogue debt

[nafta]

Re: Catalogue debt

I am almost ready to post. Going through my exhibits I have noticed something that might be something or might be nothing. I have been sent pretty much the same documents twice. With the letter of notice of assignment, they both identical apart from the fact that the first one sent to me includes a phone number and the second one that was also sent to the court the telephone number has been left blank?

[Amethyst]

Re: Catalogue debt

If they state they are actual copies of the original ( in their WS do they ) then maybe add a quick paragraph in to say ' The Claimant has sent to me two copies of the alleged Notice of Assignment. The copies are not identical in content which I believe raises a question over their authenticity. '

[nafta]

Re: Catalogue debt

ok so this is my WS. Both copies including Cover letter and Exhibits ready to be posted guaranteed delivery before 1pm tomorrow (it needs to be filed by 4pm)

I want to thank you all immensely!!! Fingers crossed now!!

xxxxxxxxxxxx

1. I make this Witness Statement in support of my defence in this claim. The matters set out below are within my own knowledge, except where I indicate to the contrary.

2. This claim is for a running-credit agreement with Littlewoods ( now Shop Direct ) regulated under the Consumer Credit Act 1974.

3. The account was opened in 2000 and at the time of opening the account, or since, I have not signed a credit agreement.

4. Littlewoods was a catalogue selling clothing, electrical goods, toys, garden products and housewares. When the account was opened, it was done so over the phone, I requested a catalogue and Littlewoods would send it through the post. To place an order for goods I would simply telephone the company customer service line. The ordered goods were delivered and I would later make payment either by cheque or debit/credit card. Goods were sold on an interest free basis and the company enabled me to make payments for more expensive items on a weekly or monthly basis as suited. Where a more expensive item was purchased and paid over a longer period interest was charged.

5. I have some difficulties in answering the Claimants claim. The claimant has not provided details of how the amount claimed has arisen or been calculated. I have tried to find out more information about the account to find out what may be owed for goods and how the sum has risen to such a large amount.
6. On 18/01/2017 I made a written request to the Claimant’s then solicitor, Cohen Crammer Solicitors, requesting copies of all documents mentioned in the statement of case under CPR 31.14 .[EXHIBIT A] being the Agreement, Default Notice and Notice of Assignment.


7. On 15/03/2017in order to try and find out more information I sent a Subject Access Request pursuant to the Data Protection Act to Shop Direct with the statutory fee of £10. On or around 15/05/2017 I received a response to my request. This response did not include any copy of an agreement or any terms applicable to the account. This in my view goes to support my position that the account was opened over the telephone.

8. On 18/01/2017, I also made formal a written request to the claimant Lowell Portfolio I LTD for a true copy of any credit agreement under s.78(1) of the Consumer Credit Act 1974. I enclosed payment of £1 (Exhibit B).
9. I have, to date, not received a response to this letter from the Claimant. The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.
10. I received no documents from the Claimant or their Solicitor and on 11/02/2017 I filed defence online by email (EXHIBIT C) where I stated that both the claimant and their Solicitor failed to send me the documents requested.

11. On or around 10/3/2017 I received a letter dated 08/03/2017 [EXHIBIT D] from Lowell Solicitors on behalf of the Claimant. I did not receive any notice of change of solicitors, nor any notice of acting from Lowell Solicitors.

12. The letter received from Lowell Solicitors included a copy of an alleged agreement and a notice of assignment (EXHIBIT E and F).

13. Lowell Solicitors also stated that they had requested a copy of the Default Notice and Statement of Account from Shop Direct.


14. On the 27/04/2017 District Judge Matthews sitting at the County Court of Oxford ordered the following documents be produced by 4pm on 22/05/2017
Statement of account
Default notice
Notice of Assignment
Agreement.


15. On or around 12/5/2017 I received a letter from Lowell Solicitors enclosing a copy of;
The Agreement ( EXHIBIT G)
Default Notice( EXHIBIT H)
Statement of Account (EXHIBIT I)
Notice of Assignment (EXHIBIT J)


16. With regards to EXHIBIT G (and EXHIBIT E), the agreement, the Claimant’s solicitor alleges this is a reconstructed copy of the original agreement signed in 2000. This is denied for the following reasons;
i) The agreement is alleged to be between myself and Shop Direct Finance Company Ltd. The original creditor was Littlewoods, and Shop Direct Finance Company was not formed until 2009.
ii) The agreement gives a customer telephone number beginning with 0344. These numbers were not introduced until 2009.
iii) Littlewoods was not a part of the Shop Direct chain of companies until 2005.
iv) The agreement states default charges apply of £12. I am aware that default charges were reduced to £12 following the OFT report in April 2006.




17. With regards to EXIHIBIT F and EXHIBIT J, The Claimant has sent to me two copies of the alleged Notice of Assignment. The copies are not identical in content which I believe raises a question over their authenticity.

18. Additionally as the account was opened prior to 2007, it would not be sufficient to comply with s.78 of the Consumer Credit Act to provide a reconstruction of an alleged agreement, and, particularly as I did not sign any agreement with either Littlewoods, Shop Direct or the Claimant, the Court has to declare the agreement irredeemably unenforceable under 127(3) of the Consumer Credit Act.

19. With regards to the Default Notice (EXHIBIT H) I would dispute whether this is compliant with District Judge Matthews order. The alleged Default Notice appears to be a screen shot from a computer system. As I understand a Default Notice must include information such as the date it was issued, the breach that occurred, the amount of money that needs to be paid to remedy the breach and the date the remedy must reach the creditor by. This screen shot does not include this information and no Default Notice was sent to me by Shop Direct when I requested a SAR. I therefore dispute whether a Default Notice was ever sent to me.


20. It is my understanding that as no agreement was signed that agreement was not properly executed and cannot be enforced (refer to sections 61-1 (a), 65-1 and 127(3) of the Consumer Credit act 1974)


21: Accordingly, I contend that; The Claimant has not complied with s61, 78, 86, and 87 Consumer Credit Act 1974 and therefore cannot enforce the agreement.

Statement of Truth

xxxxxxxx

[Amethyst]

Re: Catalogue debt

Looks great. Well done Fingers crossed for you.

[warwick65]

Re: Catalogue debt

Might just be the copy n paste onto the forum but the formatting needs looking at between paragraphs
E.G between paras 5 and 6 - no space
between 14-17 too much space

[Amethyst]

Re: Catalogue debt

Pasting from word always cocks all the formatting up, goodness knows why, at least the numbering worked this time ! lol.

[nafta]

Re: Catalogue debt

Hi, just checked and both WS were received today before 1pm let's hope all goes smoothly now. will keep you all posted.
Thanks a lot!!

[warwick65]

Re: Catalogue debt

Good luck Nafta

What date is your court hearing?

[Amethyst]

Re: Catalogue debt

Next Friday.

[Kati]

Re: Catalogue debt

Fingers crossed xx

[warwick65]

Re: Catalogue debt

I won't be here next Friday but my thoughts will be with you. No doubt I will be logging in over a glass or 6 of Slivovich

Just something to think about and remember I am a glass half empty kinda person so look at the worst case scenario although I do think (from my non legal standpoint) you have a good defence.

If you do not win, ask the Judge if you can appeal. He/She can only say no but if they say yes it would remove a step if you decide to go that way

[Amethyst]

Re: Catalogue debt

Chirpy

[nafta]

Re: Catalogue debt

Thanks again every one. I do hope it goes my way but if it doesn't as i have said , I have given it my best go!!

[nafta]

Re: Catalogue debt

i needed to quickly ask, any chance someone can give me an idea of what sort of questions i can be asked? what if the asked me if i have ever received a DN for example. I can honestly say i dont know as at that point most of the post was being left to a side and probable thrown away hoping it would all stop
Anyone has been in my position? any questions asked? what kind of questions?

- - - Updated - - -

I won't be here next Friday but my thoughts will be with you. No doubt I will be logging in over a glass or 6 of Slivovich

Just something to think about and remember I am a glass half empty kinda person so look at the worst case scenario although I do think (from my non legal standpoint) you have a good defence.

If you do not win, ask the Judge if you can appeal. He/She can only say no but if they say yes it would remove a step if you decide to go that way

[MENTION=98117]warwick65[/MENTION] thank you and have a lovely time!!

[Amethyst]

Re: Catalogue debt

Just be honest... if they ask if you received a DN you can say you don't know, you don't remember etc. If they ask if you ordered goods, then yes, explain how you telephoned up etc like you outlined on here, if they ask if you signed an agreement, then you can only say the truth - you did not ... your case is strong, and if you just tell the truth you can't be tripped up. Occassionally they ask narky stuff about did you have the goods and think you didn't have to pay for them? and so on, but just answer honestly, you had the goods and paid periodically, when you got into difficulty paying you asked for some leaway but they refused and started adding interest / charges etc and you couldn't keep up payments .... they have never sent you terms or asked you to agree to interest/charges terms and so on, and you understand that legally they should have done under the consumer credit act ( the bit from your defence ) and that you understand the consequence of their not doing so is that any debt that has arisen is unenforceable.

If they try anything about the agreement provided was an error and they need more time to get the right one... then mention they have had since January when they issued the claim to provide the orignal agreement, but you don't believe they can because you never signed one.

Your Witness Statement will do most of the talking for you, but have a copy to hand to refer to if you need it. Also have a copy of your defence with you.

You'll also want their WS and all their evidence they have provided so far, so you can check things as they talk and dispute any new or misleading stuff they bring up in court.

[MENTION=551]pt2537[/MENTION] [MENTION=87380]Diana M[/MENTION]; obvs have much more experience in court hearings ( I've only been to a couple, just read lots of accounts on here from other people who have been through them ) so should be able to give you some more tips xxx

Still hoping they read your WS and decide they're better off ditching the case though