Hello All,

i had a credit card with creation 3 years ago with an outstanding balance of £1000. After doing the rounds with several DCA's

it is now with lowells who are taking court action.

i have acknowledged service with an intention of defending the whole amount as i believe the debt was sold unlawfully as no default and termination notices were ever received although i guess the assignment letter could be classed as a termination.

Is it worth sending them a CPR 31:14 request as it is obviously small claims?

POC Are:- (no cca attached)

1/ the defendant entered into consumer credit act 1974 regulated agreement with creation.

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

3/ the agreement was assigned with claimant and notice given to defendant

4/ despite repeated requests the amount remains outstanding.

5/ (a) the claimant claims £1000

(b) interest pursuant to s69 county courts act 1984 at the rate of 8% per annum from the date of assignment to date of issue

accruing at a daily rate but limited to one year

© costs

thanks in advance

please fill this out

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(1-Viewing)-nbsp

and yes CCA/CPR

follow the instruction at the end of the above

i see... ok

date of claim : 21/09/2016

Name of the Claimant ? LOWELL PORTFOLIO 1 LTD

What is the claim for –

1/ the defendant entered into consumer crediti act 1974 regulated agreement with creation.

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

3/ the agreement was assigned with claimant and notice given to defendant

4/ despite repeated requests the amount remains outstanding.

5/ (a) the claimant claims £1000

(b) interest pursuant to s69 county courts act 1984 at the rate of 8% per annum from the date of assignment to date of issue

accruing at a daily rate but limited to one year

© costs

What is the value of the claim? 1000

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? 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? YES

Did you receive a Default Notice from the original creditor? NO

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

Why did you cease payments? FINANICIAL DIFFICULTY

What was the date of your last payment? 2012 OR 13

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? NO

date of the claimform please top right

date of the claimform please top right

won't scowells know if i am specific about the date??

the issue date is very recent

stop playing secret squirrel the days of needing to do that are long gone!!

dx

oh are they...

ok then the issue date is 21/9/2016

good

pop up on the MCOL website

ACK [AOS BOX] the Claim

defend all

leave jurisdiction unticked

get a CCA request running to claimant

get a CPR 31:14 running to the sols [who are?]

don't sign anything

leave the everything blank

inc the £1PO uncrossed

Thanks for your help DX

all done and will post letters (signed for) tomorrow

the solicitors are lowell solicitors with a PO box address in northampton (is this ok for signed for)

not a lot you can do if its not

we've not heard of any bad issues

both letters received and signed for by opposition.

when i enter my defence, do i enter their POC?

no

post it up here first mind...

had a letter from scowells solicitors confirming they have requested a copy of the documents relating to the account from their client and will forward them on to me upon receipt.... They own the debt so why do they state "our client"?.

the letter continues... as far as our client is concerned, the outstanding balance is due and owing and no verifacation of my liability to pay the outstanding balance is required.

they also remind me to file my defence in the relevant timescale so that judgement is not entered against me by default

Std rubbish

ok its time to enter my defence as i have not received the requested documents.

will this suffice?. should i be admitting the assignment part?

Particulars of Claim

(1)The Defendant entered into a consumer crediticon Act 1974 regulated agreement with creation under account reference xxxxxxxxxx

(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 29/01/2016 and notice was given to the Defendant.

(4)Despite repeated requests for payment, the sum of £1,000 remains due and outstanding.

And the Claimant claims

(a)The said sum of £1,000

(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,accruing at a daily rate of £0.188,

but limited to one year,being £44.07

© 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 in the past had an agreement with Creation but do not recognise this specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request under the consumer credit Act 1974

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 admitted. I am aware of a legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)

5. On receipt of the claim form, the Defendant sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, the Claimant has yet to comply and remains in default of the said request.

6. A further request made via CPR 31.14 to the claimants solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied.

7. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and 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;

c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 88 of the Consumer Credit Act 1974

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

8. As per Civil Procedureicon 16.5 it is expected that the claimants prove the allegation that the money is owed

9. 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

10. 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.

should i be admitting the assignment part?

Simply change it to " It is noted......"

thanks andy:-)

i have a problem...

i am unable to log into the moneyclaim website despite changing my password several times

mcol often has hiccups that last overnight until someone resets it.

if it not working by 4pm tomorrow

you can email it.

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.

.

managed to submit defence via MCOL

the clock is thus ticking then

just received a strange letter from scowells solicitors...

It contains an alleged agreement which are just pages of key information and terms and conditions.

Theirs no account number - no signature - no date - no nothing just my name and address and 10 pages of key information etc...

they have also included a bundle of statements but have admitted that they cannot provide a copy of the default notice in relation to the debt claimed.

despite all this they are continuing with the claim:???:

that is the way they work, usually up to the last minute - then if they feel they have not got a case they discontinue just before they would of lost their deposit, they hoipe to freighten you into admission, - tactics if you read threads?

well all i can do now is await directions from the court...

well there wouldn't be a sig as you signed up online?