Dear All,

I received a claim form from Lowell Portfolio (original debtor CAPITAL ONE)

Claimant - LOWELL PORTFOLIO l LTD

Date of issue 19TH MAY 2015

DATE TO SUB MIT DEFENCE 20TH JUNE 2015 - Friday 19th by 4pm.

What is the claim for – the reason they have issued the claim?

Particulars of Claim

The Claimants claim is for the sum of £4280.86, being monies due from the defendant to the claimant

under an agreement regulated by the consumer credit act 1974 between the defendant and Capital One

Under account reference xxxxxxxxxxxxxx and assigned to the claimant on 28/07/2014

Notice of which has been given to the defendant.

The defendant failed to maintain contractual repayment under the terms of the agreement and

a default notice has been served which has not been complied with and

the claimant claims £4280.86

The claimant also claims statutory interest pursuant to S.69 of the county act 1984 at a rate of 8% per

annum from the date of assignment of the agreement to date but limited to a maximum of one year and a

maximum of 1000 amounting to 275.86

What is the value of the claim? 4821.72

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? CAPITAL ONE CREDIT CARD

When did you enter into the original agreement before or after 2007? 17-11-2006

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim. Lowells

ASSIGNED ON 20-7-2014 THOUGH I WAS NOT NOTIFIED AT THE TIME

Were you aware the account had been assigned – did you receive a Notice of Assignment? NO

Did you receive a Default Notice from the original creditor? NO

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? NO

Why did you cease payments? IN 2009 – 2010 NAT WEST TRIED TO CLOSE MY BUSINESS BY ASKING ME TO PAY

MY OVERDRAFT AND BUSINESS mortgage TOTALLING OVER £100000 IN VERY LITTLE TIME – CREDIT CRUTCH

What was the date of your last payment? 04-11-2009

Was there a dispute with the original creditor that remains unresolved? NO

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan? NO

I have sent in the acknowledgement of service and also written to them requesting a true signed copy

of the agreement. I will send the CPR 31.14 request in a few days

The claim form is dated 19th May 2015 (alleged debt is before 2007)

I would like help with the defence to make sure I do not make a mistake!

Any thoughts please advise, I will look at my defence over the week end

thank you

so you have sent a CCA request?

dx

note

In 2010 i asked capital one for the credit agreement, they sent me an unsigned one

yes I posted it today with a £1.00 postal order (recorded delivery)

ok well you should know the score from your other claimform

same mo if they never produce docs by the file date.

dx

Particulars of Claim

The Claimants claim is for the sum of £4280.86, being monies due from the defendant to the claimant

under an agreement regulated by the consumer credit act 1974 between the defendant and Capital One

Under account reference xxxxxxxxxxxxxx and assigned to the claimant on 28/07/2014

Notice of which has been given to the defendant.

The defendant failed to maintain contractual repayment under the terms of the agreement and

a default notice has been served which has not been complied with and

the claimant claims £4280.86

The claimant also claims statutory interest pursuant to S.69 of the county act 1984 at a rate of 8% per

annum from the date of assignment of the agreement to date but limited to a maximum of one year and a

maximum of 1000 amounting to 275.86

DEFENCE

The Defendant has no knowledge of, or has in their possession any agreement pertaining to the account number

referred to in its Particulars of Claim.

The Defendant has no knowledge of any legal assignment. I have never been served any Notice of Assignment from

either the original creditor or the claimant pursuant to the Law of Property Act 1925.

The Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

a) show how the Defendant has entered into an agreement with the original creditor; and

b) show how the Defendant has reached the amount claimed for; and

c) Show or evidence a Default Notice /Notice of Sums in Arrears,

d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

Despite a request being made under the consumer credit Act 1974, for the signed agreement and the other documents referred to in the

Statement of Particulars, and on payment of the statutory fee of £1.00; the Claimant remains in breach of the sec78 request.

A further request made via CPR 31.14, after the claim had been issued, has also failed to elicit a copy of the signed agreement and

other documents on which the Claimant claim relies upon.

Until such time the claimant can comply with the above sec78 request is therefore prevented from enforcing or seeking the

relief claimed or any relief.

...........................................................................................................................................................

can anybody check this out before I sub mit it?

thank you

kelt

good few weeks yet re post 1

just like to make sure its correct?

When its been checked do I send my defence near the end of the 33 day period?

I have sent CPR 31.14 and the CCA request

what have you done on the the two claims you've had so far is relation to this question?

dx

not sure what the previous question means?

I realise the next step in this one is to give the court a defence, but I am not 100% sure if I have completed this correctly

and what would the recommendation time be to submit this to the court? (about 4 days before the last day just in case

the on line service as a problem)?

thank you

Kelt

that's about right but ofcourse if mcol is playing up

you can email it too

dx

A Letter from Bryan Carter Solicitors LLP dated 8th June 2015

Dear Keltic,

LOWELL PORTFOLIO l ltd v xxxxxxxxxxxxxxxx

ACCOUNT NUMBER xxxxxxxxxxxx

CLAIM NUMBER XXXXXXXX

We write further to your letter dated 2 June 2015 requesting disclosure under Part 31.14

of the Civil Procedure Rules.

We confirm the Claim Form was issued by the Northampton County Court Business Centre

and that the Court's Protocol was followed when issuing the Claimant's Particulars of Claim.

Practice Direction 7C point 1.4 (3A) eliminates the requirement to attach the documents to

the Particulars of Claim when they are issued by the Court.

We confirm this matter will most properly be allocated to the Small Claims Track as

this is a simple contractual matter and Part 31 of the Civil Procedure Rules will therefore

not apply.

It is our understanding that it is policy of the original creditor to issue agreements at

the point of contract and statement throughout the duration of the agreement and, in this regard,

we ask you to refer to your own records. We confirm evidence will be provided in accordance with

the direction of the court.

We confirm our client is not agreeable to an extension for filing your defence. We also confirm we are

in receipt of your acknowledgement of service.

We recommend you seek independent legal advice

Yours Sincerely

xxxxxxxxxxxxxxxxxxxxxx

.........................................................................................................................................

can I use this letter as part of my defence i.e. that they are not using the correct procedure?

thank you

Kelt

that's std rubbish from farter

if you go read a few threads here

dx

I am required to issue the defence this week, I would be grateful if some one can check my defence in number 6

(the particulars are above the defence) before I send it to the courts?

thank you

Keltic

You need to number. The POC paras

And number yours

Is that a holding defence you,be used before and has been looked at by anyone here

As to being OK???

DX

Its similar to one I have used before but adjusted it to suite the claim. I did not number them because they did not number the particulars of claim?

I will look at the numbering shortly. no bodies checked it yet!

thank you DX

Kelt

Particulars of Claim

1. The Claimants claim is for the sum of £4280.86, being monies due from the defendant to the claimant

under an agreement regulated by the consumer credit act 1974 between the defendant and Capital One

Under account reference xxxxxxxxxxxxxx and assigned to the claimant on 28/07/2014 Notice of which has been given to the defendant.

2. The defendant failed to maintain contractual repayment under the terms of the agreement and

a default notice has been served which has not been complied with and

the claimant claims £4280.86

The claimant also claims statutory interest pursuant to S.69 of the county act 1984 at a rate of 8% per

annum from the date of assignment of the agreement to date but limited to a maximum of one year and a

maximum of 1000 amounting to 275.86

DEFENCE

1.Paragraph 1 is denied. The Defendant has no knowledge of, or has in their possession any agreement pertaining to the account number referred to in its Particulars of Claim.Furthermore the Defendant has no knowledge of any legal assignment. I have never been served any Notice of Assignment from either the original creditor or the claimant pursuant to the Law of Property Act 1925.

2. Paragraph 2 is denied. The Defendant has stated in Paragraph 1 has no knowledge of, or has in their possession any agreement pertaining to the account number referred to in its Particulars of Claim and never been served a Default Notice pursuant to the CCA1974 .

3.Therefore the Claimant is put to strict proof to:

a) show how the Defendant has entered into an agreement with the original creditor; and

b) show how the Defendant has reached the amount claimed for; and

c) Show or evidence a Default Notice /Notice of Sums in Arrears,

d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

4.As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

5.Despite a request being made under the consumer credit Act 1974, for the signed agreement and the other documents referred to in the

Statement of Particulars, and on payment of the statutory fee of £1.00; the Claimant remains in breach of the sec78 request.

6.A further request made via CPR 31.14, after the claim had been issued, has also failed to elicit a copy of the signed agreement and

other documents on which the Claimant claim relies upon.

7.Until such time the claimant can comply with the above sec78 request is therefore prevented from enforcing or seeking the

relief claimed or any relief.

I have now added the numbering in the particulars of claim and defence ?

thank you

kelt

looks ok let andy check it

dx

Responding to your PM keltic10

Defence checked and amended........Are you sure you have no knowledge of this debt as per your paragraph 1? Your opening post to this thread implies you know all about it?

You may wish to rethink your response at 1.

Rgards

Andy

thank you Andy, I have amended it, do you think its good to go?

Particulars of Claim

1. The Claimants claim is for the sum of £4280.86, being monies due from the defendant to the claimant

under an agreement regulated by the consumer crediticon act 1974 between the defendant and Capital Oneicon

Under account reference xxxxxxxxxxxxxx and assigned to the claimant on 28/07/2014 Notice of which has been given to the defendant.

2. The defendant failed to maintain contractual repayment under the terms of the agreement and

a default notice has been served which has not been complied with and

the claimant claims £4280.86

The claimant also claims statutory interest pursuant to S.69 of the county act 1984 at a rate of 8% per

annum from the date of assignment of the agreement to date but limited to a maximum of one year and a

maximum of 1000 amounting to 275.86

DEFENCE

1.Paragraph 1 is denied regarding the Defendant owing any monies to the claimant. The claimant has failed to provide any evidence of agreement/contract/breach as requested by CPR 31.14 and a Section 78 request.Furthermore the Defendant has no knowledge of any legal assignment. I have never been served any Notice of Assignment from either the original creditor or the claimant pursuant to the Law of Property Act 1925.

2. Paragraph 2 is denied. The Defendant has no knowledge of, or has in their possession any agreement pertaining to the account number referred to in its Particulars of Claim and never been served a Default Notice pursuant to the CCA1974 .

3.Therefore the Claimant is put to strict proof to:

a) show how the Defendant has entered into an agreement with the original creditor; and

b) show how the Defendant has reached the amount claimed for; and

c) Show or evidence a Default Notice /Notice of Sums in Arrears,

d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

4.As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

5.Despite a request being made under the consumer credit Act 1974, for the signed agreement and the other documents referred to in the

Statement of Particulars, and on payment of the statutory fee of £1.00; the Claimant remains in breach of the sec78 request.

6.A further request made via CPR 31.14, after the claim had been issued, has also failed to elicit a copy of the signed agreement and

other documents on which the Claimant claim relies upon.

7.Until such time the claimant can comply with the above sec78 request is therefore prevented from enforcing or seeking the

relief claimed or any relief.

kelt

1.Paragraph 1. The Defendant has no knowledge of, or has in their possession any agreement pertaining to the account number referred to in its Particulars of Claim.

No knowledge of what...the debt ...the account number ?

Particulars of Claim

1. The Claimants claim is for the sum of £4280.86, being monies due from the defendant to the claimant

under an agreement regulated by the consumer crediticon act 1974 between the defendant and Capital Oneicon

Under account reference xxxxxxxxxxxxxx and assigned to the claimant on 28/07/2014 Notice of which has been given to the defendant.

2. The defendant failed to maintain contractual repayment under the terms of the agreement and

a default notice has been served which has not been complied with and

the claimant claims £4280.86

The claimant also claims statutory interest pursuant to S.69 of the county act 1984 at a rate of 8% per

annum from the date of assignment of the agreement to date but limited to a maximum of one year and a

maximum of 1000 amounting to 275.86

DEFENCE

1.Paragraph 1 is denied regarding the Defendant owing any monies to the claimant. The claimant has failed to provide any evidence of agreement/contract/breach as requested by CPR 31.14 and a Section 78 request.Furthermore the Defendant has no knowledge of any legal assignment. I have never been served any Notice of Assignment from either the original creditor or the claimant pursuant to the Law of Property Act 1925.

2. Paragraph 2 is denied. The Defendant has never been served a Default Notice pursuant to the CCA1974 .

3.Therefore the Claimant is put to strict proof to:

a) show how the Defendant has entered into an agreement with the original creditor; and

b) show how the Defendant has reached the amount claimed for; and

c) Show or evidence a Default Notice /Notice of Sums in Arrears,

d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

4.As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

5.Despite a request being made under the consumer credit Act 1974, for the signed agreement and the other documents referred to in the Statement of Particulars, and on payment of the statutory fee of £1.00; the Claimant remains in breach of the sec78 request pursuant to the CCA1974.

6.A further request made via CPR 31.14, after the claim had been issued, has also failed to elicit a copy of the signed agreement and other documents on which the Claimant claim relies upon.

7.Until such time the claimant can comply with the above sec78 request is therefore prevented from enforcing or seeking the relief claimed or any relief.

Perfect.....one wrong sentence makes a worlds difference:wink:

I have also altered your point 2...again it contained your " the defendant has no knowledge line "

Defence now submitted to the court!

thank you Andy

Kelt