Name of the Claimant ? Lowell Portfolio 1 LTD

Date of issue – 21 JULY 2016

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = TUE 9 AUG + 14 days to submit defence = XX (33 days in total) - = Tuesdat 23 AUGUST 2016

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

1) The Defendant entered into a CC ACT 1974 regulated agreement with Vanquis under account ref xxxxxxxxx ('The Agreement')

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

3)The Agreement was later assigned to the Claimant on 30/08/2011 and notice was given to the defendant.

4)Despite repeated requests for payment, the sum of £950 remains due and outstanding.

And the Claimant claims:

a) The said sum of £950

b) Interest persuant to the s69 CC Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.21 but limited to 1 year being £77

c) Costs

What is the value of the claim? 1027 + 70 court + 80 Solicitor = 1177

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

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? No

Did you receive a Default Notice from the original creditor? No receipt of

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

Why did you cease payments? Financial issues

What was the date of your last payment? Unknown, approx 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 mgnt plan? No

AOS completed, defended all.

Well done

Someone will be along shortly to advise.

If the last payment and written acknowledgement was 2009 surely this is Statute Barred

If the last payment and written acknowledgement was 2009 surely this is Statute Barred

Very interesting point.

On my CC file the default date is November 2010, but it would had to be some time before that any last payment was made. From this I'm guessing Spring/Summer 2010 but also possibly before that.

go ring vanquish and ask

It's not over 6 years.

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Defence Statement

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.

The claim is denied with regards to an amount due under an agreement.

The Claimant/Solicitor has been unable to disclose any agreement or statements on which its claim relies upon.

The Defendant is unaware of any legal assignment the claimant refers to within its particulars and deny the notice was served pursuant to the Law of Property Act 1925.

On receipt of this claim the Defendant requested information on 9th August 2016 pertaining to this claim from Lowell Solicitors Ltd. by way of a CPR 31.14.

To date I have yet to receive a compliant response.

The Defendant requested information pertaining to this claim from Lowell Portfolio 1 Ltd. on the 9th August 2016 by way of a Section 77/78 request.

To date I have yet to receive a response complying with the request.

Therefore with the courts permission the Claimant is put to strict proof to:

(a) Show and disclose how the Defendant has entered into an agreement; and

(b) Show and disclose how the Claimant has reached the amount claimed for;

© Show how the Claimant has the legal right, either under statute or equity to issue a claim;

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

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.

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.

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Is this sufficient enough? Thank you.

Looks OK

How do you know its not sb'd then?

Added in before the legal assignment the following:

The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued to and received by the Defendant pursuant to Sec 87 of the Consumer Credit Act 1974.

Looks OK

How do you know its not sb'd then?

DOD 30/11/2010

Any payment would've been around 3 months before.

I thought it was around 2009, but was incorrect.

DOD 30/11/2010

Any payment would've been around 3 months before.

Are you telling us this was the last payment date, or telling us you assume this was the payment date?

I hope you filed in time.

I hope you filed in time.

Yes I filed in time.

What is the response time frame from the claimant? 30 days?

Still no reply from either claimant or solicitor about the section requests etc.

They have 28 days from your defence filing date

Else gets auto stayed

What did you file in the end?

I filled the above with the ammendments now I am waiting for a confirmed mediation date which I requested.

The local court has now asked for my defence as it appears they do not have it.

What has happened? Northampton CC lost my defence from MCOL ?

What should I do exactly? Forms and such like?

I replied in time to the mediation, but they came back stating there was no available appointment and it went back to court.

Simply send your court a copy of the defence above..then it will proceed to allocation

Simply send your court a copy of the defence above..then it will proceed to allocation

How do I do that? Via email? or which form?

You can send via email, but remember to only use one means of sending, dont email AND send copy in the post to the court, there are court directives regarding this, off the top of my head its PD 5a and 5b.