Hello

I have received a claim form through from the county court regarding a debt owed to Lowells Financial.

I have not received a notice of assignment from them .

I have not received any statements from them.

I was wondering what the best way of approaching this is?

Thanks

Hi jack and Welcome to CAG

If you could read the following link and then post your responses back here for further advice.....read the full link and this will explain your options.

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(2-Viewing)-nbsp

Regards

Andy

Thanks for the quick reply.

Name of the Claimant ? Lowell's Solicitors

Date of issue – 21/07/2016

Date of issue 21/07/2016 + 19 days ( 5 day for service + 14 days to acknowledge) = 09/08/2016 + 14 days to submit defence = XX (33 days in total) 22/08/2013

What is the claim for –

The defendant entered into a consumer credit agreement with capital one under the account reference xxxxx('the agreement').

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

The Agreement was later assigned to the Claimant on 31/08/2013 and notice given to the defendant.

Despite repeated requests for payment the sum of £992 remains due and outstanding.

And the claimant claims

a)The said sum on £992

b)Interest pursuant to s69 County courts act 1984 at a rate of 8% per annum from the date of assignment to the date of issue, accuring at a daily rate of £0.218, but limited to one year being £79.

c)Costs

What is the value of the claim?

Amount claimed £1072

Court fee : 70

Legal costs : 80

Total amount : £1222

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

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

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

Were you aware the account had been assigned – did you receive a Notice of Assignment? No did not receive notice of assignment

Did you receive a Default Notice from the original creditor? Can't remember receiving one

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

Why did you cease payments? - Poor financial circumstances

What was the date of your last payment? - Sometime in 2012

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? - Yes

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

So do I need to send a CCA to Lowell Financial and a CPR to Lowell Solicitors?

Thanks again

Many thanks jack

Yes CCA to the claimant and CPR to the solicitor.

Don't forget to ACK the claim

Sorry I'm not sure what you mean by 'Back the claim' ?

He meant acknowledge the claim online with the username/password supplied with the claim form.

:lol:predictive text put 'back' I changed it when I saw it:lol:

Hello again

What should I put down to acknowledge the claim online?

More time or defend all?

Thanks

Do you intend to defend the claim ?...if so Select Acknowledge with intent to defend in full / admission

I have received a letter from Lowells Solicitors asking me to contact them to setup an arrangement to pay,

if I do not do this they say they may obtain a judgement against me.

This was sent after the claim was issued and Lowells have referenced the fact they have already started legal proceedings.

So what are the options I have available? The way I see it they are:

1. Telephone Lowells and pay in full

2. Telephone Lowells and come to an arrangement to pay installments.

3. Telephone Lowells and come to an agreement on full settlement for a lower figure.

4. Select defend in full and use the fact they have not sent me an assignment notification, correctly formatted statements or a copy of the original signed credit agreement as a defence.

5. Select defend in full and use the fact they have not sent me an assignment notification, correctly formatted statements or a copy of the original signed credit agreement as a way of negotiating a better settlement figure (not sure if this will work?).

Also please let me know what are the implications, legally and cost wise, of defending in full then backing out of the defence and admitting the claim?

And also is it possible to have a judgement made against you then arrange a settlement with the claimant for a lower figure?

Thanks for being patient and helping it is very much appreciated.

Typical incompetent Lowells you have court form N1,, as above acknowledge the form on line - we take it you will be defending it all ! as requested in para 10 above, ignore that silly letter too late for that!

5. Select defend in full and use the fact they have not sent me an assignment notification, correctly formatted statements or a copy of the original signed credit agreement as a way of negotiating a better settlement figure (not sure if this will work?).

This.

Also please let me know what are the implications, legally and cost wise, of defending in full then backing out of the defence and admitting the claim?

 

You have nothing to lose by defending all and following the process as far as you feel comfortable.

At worst, you'll more than likely receive some offer of compromise from them at a later stage and you'll end up paying less than conceding now.

As it's a pre-2007 agreement, you will be in a very strong position to successfully defend the claim if they've not got the original agreement.

The claim isn't for a huge amount, so I can't seem them wanting to spend too much time or money on getting the judgement

- all the more reason to hang in there and find a few hoops to make them jump through.

Sham

Jack..not being funny

But you need to go read a few Like threads rather than seriously over thinking things p'haps

Copy your thread title into the search cag box of the red top toolbar

Thanks everyone.

Yes you are probably right, I am overthinking it.

I'll do as you've instructed and get back to you with any more developments.

Hello Again

I have just tried to get access to my claim online and it is not allowing me to view the claim.

What should I do, just post the acknowledgement of service tomorrow? It is due by the 9th August.

Thanks

You can also use email...check your claim form for details

Hello again

I have received a letter from Lowell's solicitors stating they have received the CPR and have asked the original creditor for the required documents.

I was just wondering what I need to put into my defence as I will have to do this over the next couple of days, planning on using the fact they have not sent me an assignment notification, correctly formatted statements or a copy of the original signed credit agreement as a defence.

Many thanks

Plenty in the following forum...edit to suit your claim.

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-Legal-Successes

Andy

Thanks for that, How does the below look?

#### Particulars of Claim #####

1.The defendant entered into a consumer credit agreement with Capital One under the account reference xxxxx('the agreement').

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

3.The Agreement was later assigned to the Claimant on ##/##/#### and notice given to the defendant.

4.Despite repeated requests for payment the sum of £### remains due and outstanding.

5.And the claimant claims

a)The said sum on £###

b)Interest pursuant to s69 County courts act 1984 at a rate of 8% per annum from the date of assignment to the date of issue, accuring at a daily rate of £0.##, but limited to one year being £##.

c)Costs

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

1. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant the claimant has failed to provide any

evidence of assignment/balance/breach as requested by CPR 31.14/Section 78.

2. Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment.

Therefore the Claimant is put to strict proof to:

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

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

4. 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.

5. 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.

Needs to be edited to suite your POC...

The claimants point (paragraph) 2 refers to a default...yours refers to a Notice of assignment.

Thanks, missed that. It just needs the paragraph no. changing.

Everything else look ok?

I have made a start on editing your defence in post #20 but your point 1 requires attention and also point 2.

Andy

Hi Andy

Please can you have a quick look at the following amended defence. I have added a couple more points. Thanks

#### Particulars of Claim #####

1.The defendant entered into a consumer credit agreement with Capital One under the account reference xxxxx('the agreement').

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

3.The Agreement was later assigned to the Claimant on ##/##/#### and notice given to the defendant.

4.Despite repeated requests for payment the sum of £### remains due and outstanding.

5.And the claimant claims

a)The said sum on £###

b)Interest pursuant to s69 County courts act 1984 at a rate of 8% per annum from the date of assignment to the date of issue, accuring at a daily rate of £0.##, but limited to one year being £##.

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. Paragraph 1 is noted. I have had financial dealings with Capital One in the past.

It is denied I have any knowledge of the above Claimant or if any alleged debt was assigned to them.

3.Paragraph 2 is denied I have not been served with a Default Notice pursuant to the consumer credit Act 1974.

4. Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment.

5. Paragraph 5 is denied with regards to the Defendant owing any monies to the Claimant the claimant has failed to provide any evidence of assignment/balance/breach as requested by CPR 31.14/Section 78 and 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;

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, 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.

8. 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.

Your almost there ...still not convinced with your point 1...perhaps

2. Paragraph 1 is noted. I have had financial dealings with Capital One in the past but do not recall the alleged agreement or debt with any precision.I have therefore requested clarification by way of a CPR 31.14 request and a section 78 request..the claimant has yet to comply and remains in default of my Credit Consumer Agreement request.

Lose 5 as there is no pont 5 pleading to respond to.

And remove the red highlight .....(a) show how the Defendant has entered into an agreement with the Claimant; as the claimant does not state you entered into an agreement with the claimant.

Otherwise good.

Regards

Andy