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Lowells/BW legal - ClaimForm old CAT 'debt'***Settlement Agreed***


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Name of the Claimant ? Lowell Portfolio Ltd

 

Date of issue – . 26th May

 

What is the claim for –

 

The claimants claim is for the sum of £4099.36 being monies due from the defendant to the claimant

under financial services agreement regulated by the consumer credit act 1974

between the defendant and Shop Direct Financial Services Limited under account reference XXXXXXXXX

and assigned to the clamant on 24/05/2012 notice of which has been given to the defendant.

The defendant failed to maintain the contractual payment under the terms of the agreement

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

The claim also includes statutory interest pursuant to section 69 of the county courts act 1984

at a rate of 8.00% per annum (a daily rate of 0.78 from the date of assignment of the agreement to 24/05/2013 being an amount of £285.48.

 

What is the value of the claim?£4099.36

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Catalogue Debt

 

When did you enter into the original agreement before or after 2007? after

 

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. Debt Purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure

 

Did you receive a Default Notice from the original creditor? Yes

 

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

 

Why did you cease payments? Lost my job

 

What was the date of your last payment? 4-5 years ago

 

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 managementicon plan?

 

 

Yes, I asked the original creditor for reduced payments which was declined

Hi, I have read a similar thread here from some one who seems to have the same problem as I do,

but rather than just blindly follow the advice for that person, I thought I better start my own thread and ask for help.

I would really appreciate it!

 

I received a claim form with reference to an old catalogue debt

(last payment around 4-5 years ago).

 

I read that I should be sending the claimant a CPR?

Do I do this right away using the template on this forum?

 

 

what do I need to do with the Claim Form?

 

 

Should I be sending anything else off?

 

 

I'm so confused and not very good at this legal stuff :(

 

Thanks for any help you can give me.

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Thread moved to the appropriate forum.

 

Regards

 

Andy

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yeah, do the cpr request to suit. if you dont want an extension, edit that bit out.

have you done a cca request? if not, do that asap.

if defending, just acknowledge service online within the next 14 days with intent to defend.

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pop up on the MCOL website listed on the claimform

register as an individual

note the long number given.

 

then log in using the created user.

 

select the AOS box [respond to a claim]

 

and using the details from the claimform

 

ACK [AOS} the claim

 

defend all

leave juris unticked

 

exit MCOL

 

claimform stays with you

send a CCA request

to the CLAIMANT

Blank £1PO

don't sign anything.

 

CPR 31:14 from the legal section of the top green library tab

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I have been out all day since leaving my message and just wanted to thank all those of you who have replied so far. I really do appreciate you taking the time and I will get on with all of these things over the weekend and come back to you on Monday when I've done all that to see what you tell me to do next!

 

Thank you sooooo much.

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CCA to claimant

CPR to sols

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thank you :) One more thing! I'm confused about this bit: This letter is a formal request pursuant to s.77/78/79 (delete as appropriate)

 

I'm not sure what I should be deleting and what I should be keeping? Thanks again!

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click the cca request link

then scroll down and read the later posts

its all there

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks! That's where I got the template from in the first place, I didn't realise there was a whole thread there! My apologies! Right, I've done the lot then, so will now get these posted on Monday. Done the MCOL thing too.

 

What happens then? Sorry for all the questions and I do feel like I'm wasting your time, but I really do appreciate your help. There's no way I could have even got this far without you!

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you basically wait until your def is due [day 33]

 

 

have a good read of a few threads here

you'll get the idea.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 3 weeks later...

Hi again.

 

I received a letter from BW Legal dated 8th June confirming they had received my request for documention (CCA).

It says that they seek to ensure the information is provided within 12 working days which is almost up.

What do I do if those 12 days are up and they haven't sent me anything?

 

I'm also abit confused about the 'Day 33' thing. Day 33 from when?

 

On the back of the claim form it says I need to send my defence no later than 28 days from the date of service.

 

Is the date of service the issue date on the claim form?

 

I did try finding the info I needed through other threads but I'm just completely lost and don't even know what I'm looking for :(

 

Help appreciated again, thank you

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4pm Friday 26th june

33 days from the date on the claimform top right

that date being day ONE in the count.

 

 

its better to file on the Friday if the 33days end on a w/end.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Silly question, but WHAT is your defense?

 

The debt was incurred after April 2007 so they only have to prove you had the goods. You owe the money and I see no realistic chance of you winning. Why don't you try to set up a payment plan before you receive the CCJ!

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  • 2 weeks later...

Hi, I'm sorry, I've only just read the last couple of replies. I was waiting for day 33 which I had worked out to be today :/

 

I'm confused about Havinastella's comment.

 

I was just doing what I thought I had to do after reading previous threads.

 

I am not in the position to pay this debt off and I was hoping I could somehow find a way not to. I admit it!

 

They haven't provided me with the CCA and I've heard nothing since their last communication mentioned above.

 

I came here today to ask how to go about the defence, but now I'm wondering whether this is what I should be doing after all :(

 

What would happen if I did receive a county court judgement?

 

Sorry if I'm sounding a bit thick now, but I really am confused about what to do next!

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so you didn't read the other posts here?

 

your defence was due in 4 days ago.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I'm really sorry, I just didn't realise there were more replies after I had thanked Ford for that reply. I obviously miscalculated. I had made a note of Day 33 being 30th June and so came back to this thread on 30th June to ask advice on the next step. I'm not deliberately trying to be stupid honest! I made a mistake and didn't come back because I didn't want to take up more of anyone's time than I needed to.

 

I assume its too late to submit the defence now then even if it was the next step, although I'm still not sure because of what Havinastella has said. If anyone still wants to help, I would really appreciate it.

 

thanks

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Its not really ideal to log into CAG on the day your defence is due (even if 4 days late)...defences take time and research by yourself to see how others have dealt with their claims.

 

The only advice I can offer is for you to try to log into MCOL and see if it will allow a defence to be submitted or call Northampton and see if they can accept an electronic submission by email.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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Hi again. I have logged into MCOL and it has allowed me right through to where I am supposed to put my defence. I have searched the Legal Successes forum and found that some one submitted the following text. Can I just paste this into the defence box or is there something more I need on it? Is there anything I need to add to make it more 'personal to me'?

 

Thank you, I feel so stupid for leaving it this late, I honestly have followed the advice given to the letter, I just got the dates wrong and didn't realise that by 'wait til day 33' actually meant 'come back first for more advice just before day 33'. I am grateful for all the advice given so far and I know this is my fault. Please, please help me get this done today?

 

Particulars of claim

 

1.The claimants claim is for the sum of £4099.36 being monies due from the defendant to the claimant under financial services agreement regulated by the consumer credit act 1974 between the defendant and Shop Direct Financial Services Limited under account reference XXXXXXXXX

 

2.And assigned to the claimant on 24/05/2012 notice of which has been given to the defendant.

 

3.The defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with.

 

 

The claim also includes statutory interest pursuant to section 69 of the county courts act 1984

at a rate of 8.00% per annum (a daily rate of 0.78 from the date of assignment of the agreement to 24/05/2013 being an amount of £285.48.

 

Proposed Defence

 

The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

1. Paragraph 1 is not admitted with regards to the Defendant owing any monies to the Claimant. The claimant has failed to provide any evidence of agreement/contract/breach as requested by a Section 78 request.

 

2. Paragraph 2 is denied and the Claimant is put to the strictest of proof on the same. The Defendant contends that no notice pursuant to s.136 & 196 has been served upon him by the Claimant as alleged or at all.

 

3.

 

Therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement/contract; and

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

© 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. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.

 

6. On the 2nd June 2015 I made a legal request by way of a section 78 request to the Claimant. The Claimant has failed to comply and therefore is in default of this request and as such unable to request any relief until compliance.

 

7. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

Edited by Andyorch
Particulars brought forward
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Responding to your PM shimmertrap

 

As you will see I have brought forward the particulars and numbered the paragraphs in which you need to respond to......have a look at their point 3 and draft a suitable response and then you are good.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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...crossed post

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks, so do I need to 'choose' a b or c on paragraph 3? I'm not sure I understand. I suppose I am now submitting my defence because they haven't sent the document I requested, so would that 'a'?

 

I'm not normally this thick, honest.

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