A little help with a claim form from Lowells please

[merv7419]

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.

[The Tech Clerk]

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?

[The Tech Clerk]

have you put a claim into shop direct for the charges?

[The Tech Clerk]

meantime have you acknowledged the claim and ticked defend all? Diana Mayhew you need to talk to?

[Joanna Connolly Solicitors]

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

[Joanna Connolly Solicitors]

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

[merv7419]

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

[merv7419]

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

[The Tech Clerk]

t

di@joannaconnollysolicitors.co.uk

[Joanna Connolly Solicitors]

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

[The Tech Clerk]

charges would be a different item, court case would go forward at this stage as per claim

[Joanna Connolly Solicitors]

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

[merv7419]

Thanks to everyone for your input.

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

[Joanna Connolly Solicitors]

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 >

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

[Warwick65]

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