Hi All

First off. Great help here and believe I have a result, but need help finalising the defence.

I was issued a CCJ claim via Northampton on the 18th April. I replied stating my intent in defend in full within 14days.

I sent a CCA request and CPR request.

Yesterday I received a letter from Lowell stating the do not have the Agreement and are contacting the orgininal debt owner (creation) to get the info.

They state my account is now on hold.

I still need to submit my defense correct?

Is stating a simple two point defence okay or would you take advantage here?

I was going to just state:

1) I have requested the information the claimant states they have writhin their claim, but they have not sent it and do not have this information,

2) on the 9th May I was sent a letter (attached) stating any claim was on hold.

Is this enough?

Thanks all. As mentioned the site has been a great help.

D

first step

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

stick to court deadlines, not a claimants informal 'hold'

Name of the Claimant ? - Lowell Portfolio

Date of issue? - 24th April 2017

What is the claim for ?

1) Defendent entered at CCA 1978 regualted agreement with Creation Consumer Finance.

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

3) The agreement was later assigned to Claimant on 24/05/2016

4) Despite repeated requests the sum of £1,199.77 remains due and outstanding.

The claimant claims

a) sum of £1,199.7

b) Interest pursuant to s69 at the rate of 8% per annum.

c) Costs

What is the value of the claim? - £1434.97

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

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. - Debt purchaser

Were you aware the account had been assigned – did you receive a Notice of Assignment? No, I don't think so.

Did you receive a Default Notice from the original creditor? Unsure.

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

Why did you cease payments? Debt management issues with interest.

What was the date of your last payment? 2013/14

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 planicon? Yes.

You must put in a denial.

The claim is denied.

In any event the claim is unenforceable as the claimants have failed to supply a valid CCA within the statutory time limit.

They have written to me and told me that the claim against me is now on hold

 

I have now requested the CCA to both Lowel and Lowell solicitors. and also made a CPR request to solicitors following the template.

Lowell Solicitors have replied stating "we confirm receipt of your request The account is on hold until we received the requested documents from the original creditor".

I have stated I am defending in full. I will send my defence back tomorrow or Thursday to meet the court deadline.

Any advice on how to form the defence?

Thank you. As simple as you write here and just put it in the "Defence" box of the form?

do 'meet the court deadline'

creditors/dca's just send out template letters re a cca request saying things are on hold until compliance with the request. but, that doesn't 'hold' court deadlines unless things have been agreed with the court re.

so, you do yr defence in time

Thanks. I will make sure I send it tomorrow.

post up what you are going to submit first, for the guys to check.

if they want to keep things on 'hold' then they'll let it stay after the 28 odd days from receipt of yr defence

When you say "if they want to keep things on hold" do you mean Lowell or the Court?

What is the debt for ?

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

Sorry. Loan.

Example Defence

The Defendant contends that the particulars of claim are extremely vague. 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 accepted insofar as its admitted I have held in the past had a financial agreement with Creation Consumer Finance. I do not recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and CCA Section 77 request.

2. Paragraph 2 of the claim is denied. I have not been served with a Default Notice pursuant to the Consumer Credit Act 1974.

3. Paragraph 3 is denied .I am unaware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1).

4. On receipt of the claim form, I the Defendant sent a request by way of a Section 77 request pursuant to the Consumer Credit Act 1974 for a copy of the agreement, by Royal Mail 1st Class Recorded Delivery, the Claimant has yet to comply and as such is in default of said request.

I have also requested by way of a CPR 31.14 request copies of the documents referred to in the particulars,the claimant has failed to respond.

5.It is therefore denied with regards to the Defendant owing any monies to the Claimant, therefore the Claimant is put to strict proof to:

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

(b) show and evidence any breach and service of a Default Notice; and

© 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 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 82 A of the consumer crediticon 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.

Regards

Andy

Thank you!!

I will use this as my basis.

When you say "if they want to keep things on hold" do you mean Lowell or the Court?

lowells.

if L don't do anything within around 28 days from when they get a copy of yr defence from the court, then the claim will get auto stayed (a sort of formal 'hold', but they wld then need to apply to the court to lift any stay. anyway thats for later if it happens))

Thanks all. Defence sent by recorded mail pretty much as written above.

Due to the lack of CCA do I bother writing to Lowell to state the debt is now in dispute or is that a given?

A given

Hi All, update.

Sent defence and the court stated they had shared the info with the claimant and the claimant has 28 days to decide whether to take this forward. Is this as expected?

Lowells replied to my CPR request with no documentation and just a date of last payment and date of default. Nothing else. Should I send any reply to this? Or just leave it as they have failed to provide any of the proof that they were relying on for court and it goes against them in future?

so since we gave you the defence

what other threads in this forum have you read to enable you to self help yourself in the last 3 weeks?

Hi Dx, thanks for the reply. As you can see from my initial post I had already filed and sent the CCA and CPR request off before posting on here.

This site has a wealth of info and so I managed to get up to that stage through just looking at old posts.

I did not just come on here and request info immediately.

I researched and kicked off everything myself.

However, when you get to the stage of after the defence the advice is more bespoke and less generalised. Hence my uncertainty and request for advice.

In my current example as to where I am now, it looks positive and in general, all I have to do is wait for 28days, but what I am asking is if there is anything I should do in the meantime based on Lowells lack of detail in both the responses that could help me in future?

Some people state info that lead me to think I should make a complaint

(around the fact they are in breach of rules for not providing me the info e.g. the default letter),

but others seem to allude that it makes no difference unless they move forward and I can just use it as a later part of my defence. This info is not clear enough from any posts I can find (on this site and others).

Any help is appreciated.

Thanks again

D

we typically don't reply to the fleecers no.

hopefully it gets stayed and it will cost them more money to lift the stay.

and they wont do that without enforceable paperwork.

why didn't you file the defence on MCOL?

Thanks for the reply. I'll leave them to it then. Does it make much difference on MCOL?

I just made a photocopy and sent it in.

no harm in copy n paste it there as well

you did ack [AOS] the claim before the deadline didn't you?

didn't you use mcol for that?

No I replied and sent the supplied sheet before the deadline via recorded delivery (as per instructions on the form).

So you recommend I go on the site also?

its always better to use MCOL to AOS and file a defence.

its more secure than mail and guarantees your defence gets there and is FREE,

no harm in checking the status of the claim now mind.

Update - it seems they are proceeding. On the 7th June I received letters dated 5th June:

1) Copy of the CCA - signed and original copy.

2) Notice of assignment from June 16. Unsure if this is real or not. Thin copy.

3) Letter with a copy of Directions Questionnaire which they tell me have been lodged with court. This states small claim track

4) Letter stating they will provide the Statement and also Default notice. They are yet to provide these.

So in summary they are proceeding, but do not have the Default notice or payment info.

Questions:

1) The 28 days is coming up to and end (the time they have to proceed). Can they proceed without giving me all the info I require within this time frame?

2) They have not told me my account is off hold. Do they need to formally do these letters assume this?

3) Anything else I should do now?

I also have no response from court yet.

Thanks for help as always.