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A little help with a claim form from Lowells please

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  • A little help with a claim form from Lowells please

    Hi everyone

    I have a claim form from which I need to respond to within next few days really.

    I have no experience with these things and would appreciate some advice.

    The claim is from is for an alleged debt with Lowells (shop direct)

    Before the claim form arrived, I had previously requested a copy CCA which they supplied together with a statement of account.

    I emailed Niddy and he believes the CCA is enforceable.

    I dont really know what step to take next, If it needs to be paid I can only really afford a minimal payment per month as my family financial position isn't great.

    There are 400+ of charges on the statement, can i request a breakdown of these on contest unfair charges for instance?

    Any advice really appreciated.

  • #2
    Merv start a diary as a proper picture can be made of facts and events? shop direct have to sent a DSAR to shop direct? at this stage?
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

    Comment


    • #3
      have you put a claim into shop direct for the charges?
      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

      Comment


      • #4
        meantime have you acknowledged the claim and ticked defend all? Diana Mayhew you need to talk to?
        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

        Comment


        • #5
          Hello

          I can see you have another thread with the background of this debt here > https://all-about-debt.co.uk/forum/d...nt-enforceable

          There can be lots of reasons for a debt to be unenforceable in court other than the credit agreement so don't panic yet!

          What is the claim Issue Date (on the top right of the claim form)?

          Di
          Legal Disclaimer

          I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

          Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

          Comment


          • #6
            Originally posted by The Tech Clerk View Post
            meantime have you acknowledged the claim and ticked defend all? Diana Mayhew you need to talk to?

            I am happy to take a look at the claim form if it's emailed to me using di@joannaconnollysolicitors.co.uk

            Maybe they shouldn't do anything until then.

            Di
            Legal Disclaimer

            I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

            Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

            Comment


            • #7
              Originally posted by The Tech Clerk View Post
              have you put a claim into shop direct for the charges?
              No, I haven't but I will going forward.

              I have a claim form from the court which needs responding to by Monday, dont really know what action to take first.
              Is it not too late to reclaim charges seeing that I have a court claim form?

              Thanks for your reply

              Comment


              • #8
                Originally posted by Diana Mayhew View Post
                Hello

                I can see you have another thread with the background of this debt here > https://all-about-debt.co.uk/forum/d...nt-enforceable

                There can be lots of reasons for a debt to be unenforceable in court other than the credit agreement so don't panic yet!

                What is the claim Issue Date (on the top right of the claim form)?

                Di
                Yes that's right, maybe it was best to continue on that thread?

                Diana, I will email you the claim form as suggested.

                Thank you VM

                Comment


                • #9
                  t
                  di@joannaconnollysolicitors.co.uk
                  I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                  If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                  Comment


                  • #10
                    Originally posted by merv7419 View Post

                    maybe it was best to continue on that thread?

                    Diana, I will email you the claim form as suggested.

                    That was quick! I've got your claim form.

                    You can continue on this thread but I'll see if someone can merge it with your other thread if that becomes necessary.

                    Di
                    Legal Disclaimer

                    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

                    Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                    Comment


                    • #11
                      charges would be a different item, court case would go forward at this stage as per claim
                      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                      Comment


                      • #12
                        Originally posted by merv7419 View Post

                        I have a claim form from the court which needs responding to by Monday, dont really know what action to take first.
                        Is it not too late to reclaim charges seeing that I have a court claim form?

                        Don't do anything about reclaiming charges at the moment.

                        In fact don't do anything at all which could impact on your Defence until the situation becomes clearer. (The amount claimed could form part of your Defence if it's incorrect.)

                        You have 19 days from the claim Issue Date to file the Acknowledgment of Service and then 33 days from the claim Issue Date to file a Defence so there's time.

                        Di
                        Legal Disclaimer

                        I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

                        Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                        Comment


                        • #13
                          Thanks to everyone for your input.

                          The claim form says I have 14 days from date issue which would take me to Monday 18th.

                          Comment


                          • #14
                            Originally posted by merv7419 View Post
                            The claim form says I have 14 days from date issue which would take me to Monday 18th.

                            You have 19 days from the claim Issue Date because there are 5 days allowed for service.

                            See my post #12 >


                            Originally posted by Diana Mayhew View Post

                            You have 19 days from the claim Issue Date to file the Acknowledgment of Service and then 33 days from the claim Issue Date to file a Defence so there's time.


                            Please don't do anything until you've replied to my email.

                            Di
                            Legal Disclaimer

                            I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

                            Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                            Comment


                            • #15
                              Originally posted by merv7419 View Post
                              Thanks to everyone for your input.

                              The claim form says I have 14 days from date issue which would take me to Monday 18th.
                              I know the claim form says 14 days but 'service' is classed as 5 days so in total it is 19 days from the date of issue to acknowledge the claim and say if you will defend it all- I would recommend saying yes to defend all, you can always changes things later

                              As has been said, there is a lot more to things being enforceable than just the agreement

                              Comment

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