Hi

I have received a claim form from the county court for an o/s HoF storecard debt.

The amount claimed before charges is £526.

I stopped paying HoF/Newday about a year or more (maybe two years) ago as I couldn't keep up with the charges they kept adding to my bill.

The original purchases amount was around £120 approx but then the late payment charges happened and interest on those then more late charges and more interest and now it's just got out of hand.

I am tempted to phone Lowell and tell them that but I know it won't make a difference.

I have used advice given to me previously to respond to these court claims and I still have that on here so I can look it up.

Should I follow the same course of action?

Lowell have been writing to me and warning me etc but I see so many letters that I just don't read them anymore.

Help please.

Thank you in advance again for your assistance.

retitle/moved to legals

please complete this

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**

Name of the Claimant ? Lowell Portfolio 1 Ltd

Date of issue – 15/3/18

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) -

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.

1) The defendant opened a house of fraser regulated consumer credit account under reference (number) on 6/7/02 (the "agreement").

2) In breach of the agreement, the defendant failed to maintain the required payments and the agreement was terminated.

3) The agreement was later assigned to the claimant on 26/1/17 and written notice given to the defendant.

4) Despite repeated requests for payment, the sum of £488 remains due and outstanding. And the claimant claims a) the said sum of £488 b) interest pursuant to s69 Count 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 £0.107, but limited to one year, being £39 c) costs

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) Yes only read it today

What is the value of the claim? With legal fees the value has risen to £657 (£527, pls £60 court fee, plus £70 legal rep)

Is the claim for - a storecard account with House of Fraser but most of the amount o/s is late payment/interest charges and only approx £120 is on goods

When did you enter into the original agreement before or after 2007? The say I entered into it in 2002. I cannot remember though.

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. It has been assigned to the claimant.

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

Did you receive a Default Notice from the original creditor? I think so - it was Newday handling this but can't remember what they sent me.

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I cannot confirm as I have mislaid all my Lowell letters

Why did you cease payments? No job, no money, and unable to get them to stop adding on the charges.

What was the date of your last payment? not sure, it was about 2 years ago I think

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? I called them and informed them I was unemployed. I asked them to stop adding on late payment charges. They said I needed to complete an income/expenditure form. I can't remember whether I received this or not.

If you have not already done so – send a CCA Request to the claimant for a copy of your agreement (I haven't done this yet)

Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form. There are two different versions - one for Loans/Credit cards the other for Current accounts (I haven't done this yet)

There is an old EDF account for £2k which has also been assigned to Lowell. So I can expect another court case if I don't respond to them. I wish I had responded to the HoF one now but felt unable to cope with these.

I am very depressed and have been given a 'sick note' for 3 months due to depression. I am drowning in these debts, like there's so many of them, some quite small but when you have no income hardly, they seem huge. I've been such a fool not dealing with them.

I went to CAB the other week for help with a universal credit problem but the guy I saw knew nothing about UC and was actually falling asleep while he was trying to look something up. I told him my UC had been stopped before xmas because they 'discovered' I was getting a pension.

I argued that I was told not to declare the pension and this was stated on a Gov webpage, but not been able to find it again. The jobcentre staff knew I was getting a pension because they discussed it with me.

I only get around £650 a month. I don't get anything else. My rent share is £800/month.

I am borrowing off people but they don't want to lend me anymore as they think I should have sorted it by now but I'm getting nowhere with DWP or CAB. Feel like giving up.

Sorry for going on. Thanks for the advice you give on here.

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?

Yes I did, I have just been reading it, and probably should have called them then, but I didn't read it till today.

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 start 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

.

type your name ONLY

no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform.

I wouldn't worry about the Lowell/EDF one

if you read lowells letters it probably says our client EDF?

which means there is stuff all they can do,

Hi

I've done the AOS and now need to file my defence.

All I know is the truth - I am unemployed and don't receive enough money to cover even my rent.

I am on long-term sick with depression and on meds too now.

The original amount spent on the card was only around £120-150?

The amount they want is all charges and interest.

This doesn't sound like much of a defence?

Any advice?

Thanks again.

ps: I noticed on the threads that Lowell are very busy in court!!!

they all always are 750'000 speculative claims are issued every year.

defence is not due till 16th april

did you send CCA/CPR?

I am sending CCA/CPR in the morning - I have typed them up and printed them.

I hope it's not too late, but I will send them anyway.

I struggle to think most days to be honest and walk around in a daze.

Also my daughter has had a cancer scare which has been a major distraction these last couple of weeks.

Poor excuses maybe but I am trying to get with the programme.

I think the pills are making me drowsy as I keep falling asleep.

Never felt so lethargic in my life.

Sorry, I know it's not really relevant.

they should have been sent 2 weeks ago ideally

get you're head out the fuzzi box

else you'll stuff this up by default

its so easy to do .. a few simple things guarantee you a good chance of winning.

Hi

I sent CCA and CPR on 3 April and on 17 April I received a letter from the solicitors enclosing a copy of the Notice of Assignment.

Their letter was dated 12 April but the envelope shows it being posted on 16 April.

They say in the letter that they have requested a coy of the agreement, statements and default notice from the original creditor and will contact me when a response is received.

I still find it hard to believe the claim is for £657 despite me not originally owing anywhere near that. It's mostly all fees, interest and charges etc.

I now have to put a defence in by tomorrow I believe.

What should I write?

I have a copy of a defence I filed for a Tesco claim but it's not quite the same.

That defence indicated the claim was vague etc but these lot seem more confident.

Any advice?

Thanks for helping me.

Here's a copy of what i wrote for Tesco:

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 financial dealings with Tesco Personal Finance PLC .I do not recollect the account number or alleged debt the claimant refers to having failed to adequately particularise its claim.I have therefore sought

verification from the claimant by way of a section 78 request.

3.Paragraph 2 is denied I am unaware of what account the claimant refers to.

4.Paragraph 3 is denied I am unaware of what account the claimant refers to. I do not recall receiving any Notice of Assignment

which the claimant fails to date or inform or ever having being approached pre litigation with regards this alleged debt.

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; and

(b) show and evidence any breach and service of a default notice/termination notice:

© 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. On receipt of this claim I requested by way of a CPR 31.14 request and a section 78 for copies of any documents and the agreement 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.

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

8. 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.

9. 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.

erm post 8?

post 8???

oh no, I thought it was the 19th??!!! Shall I just do it anyway?

Im on the MCol page for the defence. I will use some of the Tesco wording I guess

no wait

needs checking.

you are a litigant in person [representing yourself]

and are given certain leeway

Done it; sorry, just seen your message: This is what I put:

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 yet been made.

2. Paragraph 1 is noted. I have in the past had financial dealings with NewDay. I do not recollect the account number or alleged debt the claimant refers to having failed to adequately particularise its claim. I have therefore sought verification from the claimant by way of a section 78 request.

3.Paragraph 2 is denied I am unaware of what account the claimant refers to where payments were not made.

4.Paragraph 3 is denied I am unaware of what account the claimant refers to.

I do not recall receiving any Notice of Assignment but the claimant has issued a photocopy after the defendant requested.

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 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; and

(b) show and evidence any breach and service of a default notice/termination notice:

© 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. On receipt of this claim I requested by way of a CPR 31.14 request and a section 78 for copies of any documents and the agreement 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.

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

8. 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 crediticon Act 1974.

9. 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.

you did remove Tesco pers finance and put newday house of fraser storecard?

Hi, yes I did change Tesco to NewDay.

Sorry, I guess I panicked again. Saw the date and when I opened MCol and it let me enter something I just did it in case it closed on me or something. I always panic.

Thanks

golden rule is always ask here FIRST before you do ANYTHING to do a court claim

Hi again

I've received a response from the solicitors - Lowell Solicitors.

They sent me a copy of the notice of assignment they sent to me.

They dated their cover letter 12 April but didn't post it until 16 April.

They wrote again on 23 April and said they were waiting for further documents from Newday but as I had entered a defence I had to respond to all court correspondence. They also invited me to make a payment plan offer.

On 24 April they wrote to me again with a copy of the Directions Questionnaire which they have lodged with the court, and said the court would send one to me to complete (not had it yet). This is about mediation I think.

I am struggling to keep up with it all as I am also battling a local council who I have four parking tickets with that are now costing me nearly £700 as I could not afford to pay the original discounted fines. Not sure who scares me the most, court or council.

Thanks for the ongoing advice.

Check the status on MCOL and see if its gone to allocation.

Directions questionnaire is to allocate the claim to your local county court,

https://www.consumeractiongroup.co.uk/forum/showthread.php?406099-LEGAL-N180-Directions-Questionnaire-(Small-Claims-Track)-**Correct-at-Sept-2016**

Hi. Claim status says last thing received was my defence on 18/4. No info on system of anything since then.

check end of Tuesday.

if its not changed they might be lying [lowells]

Hi

I eventually received copies of the documents requested in the early stages of this.

I now have an appt for a mediation telephone call tomorrow morning.

Not sure how to handle this but guessing I would argue to total being demanded by Lowell on the basis that I advised NewDay of my financial position and they did nothing but kept adding on charges and interest.

Taking the total due from around £120-150 to over £500.

In fact, the last payment they took from my account was for £185 which was mostly charges and interest.

This, in my view, should be considered the full and final payment.

Lowell have also sent me a pre-legal assessment on my old EDF bill offering me a 50% discount.

Any advice on these situations?

Thanks for all your help.