Hello.

Lowell's never know when to stop harassing people.

In a nutshell,

A mint card default (almost 6 yrs old)

Lowell took over the debt although I was in dispute.

Immediately issued a Statutory Demand (4 yrs ago)

They LOST the case and the Stat Demand was set aside due to Mint credit card Ts& Cs were not correct and proof of mis selling.

Now just received a Claimform who have piled on £880 worth of interest charges (original debt £4300).

I need help...

Can they send a claimform after a Stat Demand has been set aside?

Can the pile on Interest as this has been in default for almost 6 yrs?

Thanks for any advice

Regards

Barry

Hi Bazza121 and Welcome to CAG

If you would read the following link which explains the process in dealing with court claims and also copy and paste the Q,s and your responses back here for further advice o how to proceed.

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**(1-Viewing)-nbsp

Regards

Andy

Name of the Claimant ?: Lowell Portfolio Ltd

Date of issue: 18 May 2017

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down.

Particulars Of Claim:

1)The defendant entered into a consumer credit act 1974 regulated agreement with Opus under account ref 005474************

2) The defendant failed to maintain the required payments and a default notice was served and not complied with (this was in 2012)

3) The agreement was later assigned to the claimant on 29/05/2012 and notice was given to the defendant.

4) Despite repeated requests for payment, the sum of £4209.71 remains due.

And the claimant claims

a) The said sum of 34209.71%

b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date

of assignment to the date of issue, occurring at a daily rate of £0.923, but limited to one year being £336.78

c) Costs

What is the value of the claim?

£4546.49

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

Credit Card

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.

ASSIGNED TO DEBT PURCHASER---LOWELL

Were you aware the account had been assigned – did you receive a Notice of Assignment?

YES

Did you receive a Default Notice from the original creditor?

Do Not Remember

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

YES

Why did you cease payments?

A case was brought againt OPUS for mis-selling and the account was in dispute. Lowell took over the case and issued a Statatory Demand through the courts. They lost the case and the whole issue was "SET ASIDE" in 2013

What was the date of your last payment?

2012

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

YES

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan

NO

CCA and CPR 31.14 requests next Bazza as per the above link...instructions are contained within the templates.

Andy

Thanks

Particulars Of Claim:

1)The defendant entered into a consumer credit act 1974 regulated agreement with Opus under account ref 005474************

2) The defendant failed to maintain the required payments and a default notice was served and not complied with (this was in 2012)

3) The agreement was later assigned to the claimant on 29/05/2012 and notice was given to the defendant.

4) Despite repeated requests for payment, the sum of £4209.71 remains due.

And the claimant claims

a) The said sum of 34209.71%

b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date

of assignment to the date of issue, occurring at a daily rate of £0.923, but limited to one year being £336.78

c) Costs

---------------------------------------------------------------------------------------------------------------

What is not mentioned, that Lowell brought me to the courts with a Statutory Demand in 2013 and lost the case which was set aside as all the contract, documents etc from Opus were not correct and mis selling was also mentioned.

We can bring that in ...in the defence.

Register to use the MCOL portal and get the acknowledgment of service done..tick you will be defending all of the claim.(instructions are contained within the claim pack.....pass word is on the claim form.

Andy

I gather this was an old CITI card sold to opus and now lowells?

but you say MINT,, RBS were never involved with citi as far as I remember ..must go check

fat chance of any enforceable agreement ever appearing then..

Yes Correct ( I got mint be mistake). Its and OLD CITI card which then became OPUS now Lowells

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

don't sign anything

.

dx

Done as advised

Regards

Barry

Hi Andy

I have acknowledged the service. ... Do I need to wait for the CCA & CPR requests now?

Regards

Bazza

whatever happens you do not miss your defence filing date

get reading like threads

dx

Hi Andy

 

I have acknowledged the service. ... Do I need to wait for the CCA & CPR requests now?

 

Regards

 

Bazza

May as well defence is not due until 19th June

Just found out that the original "CITI" card was taken out before 2007 (2001) does this make a difference?

REgards

Barry

go ring CITI [Canadian square number]

and ask date of last payment?

and if there might have been? a period of 6yrs when you did not use the card?

Hi

An Update.

As the date is getting close for me to submit my defence,

I can supply the following update.

I sent a letter to Lowell asking for CCA & CPR request dated 20 May.

I received a letter from Lowell Solicitors confirming the outline that this relates to

"Opus account opened on 16 Feb 2000.

The last payment 28 December 2011"

My request (cca/ cpr) has been sent to the original creditor"

I have had no further response.

As I need to put together a defence after the "Acknowledgement of service " was sent,

I am a little confused how to approach this.

The last payment to the original creditor was December 2011:

Is this "Statute Barred" or does the timer start from the date of LowellsDefault notice?

The "original creditor was actually "CITI" bank. I cannot find any agreement for OPUS

Lowell have taken me through the court with this same account in 2013 with a Stat Demand and the court through out and "set aside" the case.

Can this be put in my defence statement?

Just need a little help from you guys if possible.

Thanks

Barry

so did you do as asked in post 16?

Hi

Yes the last payment was December 2011

Hi

An Update.

As the date is getting close for me to submit my defence,

I can supply the following update.

I sent a letter to Lowell asking for CCA & CPR request dated 20 May.

I received a letter from Lowell Solicitors confirming the outline that this relates to

"Opus account opened on 16 Feb 2000.

The last payment 28 December 2011"

My request (cca/ cpr) has been sent to the original creditor"

I have had no further response.

As I need to put together a defence after the "Acknowledgement of service " was sent,

I am a little confused how to approach this.

The last payment to the original creditor was December 2011:

Is this "statute barred" or does the timer start from the date of LowellsDefault notice?

The "original creditor was actually "CITI" bank. I cannot find any agreement for OPUS

Lowell have taken me through the court with this same account in 2013 with a Stat Demand and the court through out and "set aside" the case.

Can this be put in my defence statement?

Just need a little help from you guys if possible.

Thanks

Barry

" Lowell have taken me through the court with this same account in 2013 with a Stat Demand and the court through out and "set aside" the case.

Can this be put in my defence statement? "

Yes but referring to this requires a customised defence rather than a holding defence which puts the claimant to strict roof to disclose its evidence..lets give it some thought.

Your defence is due on Monday 19th June by 4.00pm

Andy

Thanks Andy..... Much appreciated.

Regards

Barry

Hi Andy

Any thoughts?

Regards

Barry

Hi Bazza

Well we have missed the deadline today...apologies something crept up which I had to deal with.

Will get a defence sorted this evening for you to post before midnight..if you can stay logged on and I will have it ready shortly...it will be okay dont worry.

Regards

Andy

Particulars Of Claim:

1)The defendant entered into a consumer credit act 1974 regulated agreement with Opus under account ref 005474************

2) The defendant failed to maintain the required payments and a default notice was served and not complied with (this was in 2012)

3) The agreement was later assigned to the claimant on 29/05/2012 and notice was given to the defendant.

4) Despite repeated requests for payment, the sum of £4209.71 remains due.

And the claimant claims

a) The said sum of 34209.71%

b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date

of assignment to the date of issue, occurring at a daily rate of £0.923, but limited to one year being £336.78

c) Costs

######Defence#######

1. 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.

2.The Claimant's claim was issued on 18th May 2017....this follows a previous attempt by the claimant on which they issued a Statuary Demand dated XXXXXX 2013 which District Judge XXXXXX at XXXXXXX county court Set a Side due to an ongoing dispute.It is denied I ever entered into any agreement with Opus.

2. Paragraph 2 is denied I have never held an account with Opus.I have held an account with CITI .

3.Paragraph 3 is accepted I am aware the account was assigned but remains in dispute and I have therefore not acknowledged the assignment pursuant to The Law of Property Act 1925.

4. On receipt of this claim I requested by way of a CPR 31.14 request and a section 78 for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have failed to comply to my section 78 request and remain in default of my request.

5.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 Opus; and

(b) show how and evidence the nature of breach and service of a default notice pursuant to s87 (1)of the CCA1974;

© show how the Defendant has reached the amount claimed for; and

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

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

7. On the alternative, as 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.

8. 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.

Copy and paste post to MCOL before midnight...to retain the submission date.

Regards

Andy