Name of the Claimant ? Lowells

Date of issue –28/09/16

What is the claim for –.

1.the defendant entered an agreement consumer credit act 1974 with shop direct

the defendant failed to maintain the required payments and a default notice was served and not complied with

the agreement was later assigned to claimant on 11/12/15 and notice given to the defendant

2.despite repeated requests for pyment the sum of remain due and out standing

the claimant claims 979

interest to s69 county courts act 1984 at rate of 8% per annum from date of assignment to date of issues accruing daily rate of 0.215 but limited to 1 year being 62.48

plus cost

What is the value of the claim? 1192

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

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

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

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? not sure as everything is online statements nothing comes through on paper

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? ?

Why did you cease payments? was on a buy now pay a year later

What was the date of your last payment? September

Was there a dispute with the original creditor that remains unresolved? ?

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? never got anything paper from them

any help appreciated going to look at further thread to get advise on what to send

so i take it to cca shop direct and cpr 14 lowells?

TIA

no ...

go read this and post the Q&A back here please

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**

so just send the a income expenditure instead?

what?

no

can you fill that link out please so we have the CORRECT info to be able to advise you properly

no need to do anything other than that yet.

dx

I thought my first post was the q& a in that link that was the first place i looked and the details are the same as in post number 1

is there something im missing here

I thought my first post was the q& a in that link that was the first place i looked and the details are the same as in post number 1

 

is there something im missing here

No your not Copier...you have already done the link.....DX has just nipped out to Specsavers

LOL saying that i need to put my contacts in:oops:

Sorry about that copier

Still only seeing up to red 1192 on the tablet

Won't refresh

OK

Moving on then...

Acknowledge the claim on mcol website

Defend all

Leave jurisdiction unticked

Cca request to the claimant

CPR 31:14 to the solicitor s

Don't sign anything

Leave the £1PO blank and uncrossed

Dx

Thank you dx all printed and ready to go

Update

received letter back on 22nd with a copy of notice of assignment

default notice and they requested my cca with original creditor

then a letter saying they have requested the cca and account is on hold until they receive a response

today I have a letter saying I have failed to respond

all has been acknowledged on mc online and they will issue procedings if I don't respond by the 18th

no cca yet and as I said all acknowledged online

have I missed anything?

Tia

You needed to file a defence weeks ago!!

33 days from the date of the claim..opps.!

Sorry too late to edit that should say no default notice or cca

as taken from the letter

we have requested that the original creditor provide us with a copy of default notice and statement of agreement

What now then there letter said we have requested the original and is on hold until they receive the response

just follow court instructions as they are important, not lowells instructions from now on - lowells cannot stop court process, they use the ploy of on hold hoping you believe them and they get a CCJ by default

Take it its all screwed no chance for a late defence

Ok so now i contant them and offer payment?

Log into MCOL and see if it will allow you to enter a defence...LOwell may not have requested judgment yet.

Andy

good idea

wont accept my claim number or password says they are incorrect and mc dosnt open again until monday tried calling them,

[email protected]

sent them a email thanks

sent your defence etc via that one ? = alternative for submission with case number etc

copier

did you not even log on before in the first instance (as was advised) and acknowledge the claim re to defend?

looks like the OP did acknowledge the claim from post 11

MCOL often has issues at the w/end so it might not be you

here is a defence:

Here is a recent Cat defence that Andyorch drafted for another poster

which was successful in the claim remaining stayed.

.

You will have to edit slightly to suit and add your requests for CCA /CPR ect.....

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

.

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 noted. I have had an agreement in the past with [enter original creditor] but do not recognise the account number referred to by the claimant.

.

2 .Paragraph 2 is denied I have never received any Default Notice from the original creditor nor the claimant

.

3 .Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served over X years ago.

.

On the DD/MM/YYYY ( sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. The claimant has failed to date to respond to the CPR and remains in default of the section 78 request.

.

3.It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:

.

(a) show how the Defendant has entered into an agreement with the Claimant; 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 crediticon Act 1974.

.

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

.

Regards

.

Andy

***************

adapt it to your POC

and then post it back here for checking

MCOL is only one way of responding to a claim.

.

If you are having problems logging in, or would prefer not to use MCOL,

you can fax, email or post your response to the Court instead.

If you send your response by e mail

please send it to [email protected] and ensure you quote “Claim response” and quote the claim number in the subject field.

.

looks like the OP did acknowledge the claim from post 11

 

.

hopefully then, they havent requested, and yr defence will still go through.

Ok so now i contant them and offer payment?

no never ever do that!!