And here's another one.

Name of the Claimant - Lowell Portfolio I LTD

Date of issue – 16 JUL 2018

Date to acknowledge) = 03/08

Date to submit defence = 17/08

Particulars of Claim

1) The Defendant opened a Simply Be Regulated consumer credit account under reference xxxx on 10/02/2015 ('the agreement').xxxx

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 12/01/2017 and written notice was given to the Defendant.

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

And the claimant claims

a)The said sum of £4XX.XX

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 £0.089, but Limited to one year, being £32.58

c)Costs

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol)? I don't think so, she has been keeping that comes in now instead of throwing it away and she does not have a copy of that.

What is the total value of the claim? - £5XX.XX

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? A Catalogue

When did you enter into the original agreement before or after April 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? Unknown

Did you receive a Default Notice from the original creditor? Unknown

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

Why did you cease payments? Payments became too much, the Catalouge kept increasing her limit every month so she spent it, despite being unemployed.

What was the date of your last payment? Early 2016

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, offered reduced payments to clear but they kept adding interest on it which made clearing impossible. They did not respond to further contact through the account portal.

Marked as defended and CCA/CPR will be in the post.

HI MrJohnW

One of the team will be along shortly.

old hat at this now john.

plenty of cat defences here when needs be.

Two letters from Lowell Financial(nothing from the solicitors).

Both state she has requested documents from this Morses account and give a different account number to that on the claim form.

Do we need to do anything about that?

no just don't miss your defence filing date

Erm..what has a cat debt got to do with Morses??

They were a doorstep loan company??

That was my thoughts.

Wires crossed?

Sent to wrong person?

It was addressed correctly. I guess we wait to see if they send documents.

The Defendant contends that the particulars of claim are vague and

generic in nature.

The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

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. The Claimants case is denied. Whilst I have had dealings with Simply Be in the past I cannot recall the specifics nor am I aware of any default notice or legal assignment the claimant refers to within its particulars of claim and I have no knowledge

of who the claimant is nor have I been provided with any Notice of

Assignment pursuant to the Law of Property Act 1925.

2. It is denied that any amounts are due under any contractual agreement.

On receipt of this claim

I requested information pertaining to this claim from the

Claimants Solicitors by way of a CPR 31:14 request sent via 1st

class recorded post on 24/07/2018.

Further to the above I sent Lowell Portfoilio I LTD a section

78 request via 1st class recorded post on 24/07/2018.

To date, neither Lowell Solicitors nor Lowell Portfolio have supplied the requested information.

Therefore with the court’s permission the Claimant is put to

strict proof to

a) show and disclose how the Defendant has entered into an

agreement;

b) show and disclose how the Claimant has reached the amount

claimed for;

c) show how the agreement was legally terminated to allow the

claimant relief.

d) 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 1974.6.

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.

-------

Did I use the PAPDC correctly?

I dont think you should deny...better ways to rephrase it without perjuring yourself.

1. The Claimants case is denied. Whilst I have had dealings with Simply Be in the past I cannot recall the specifics.......

Is that the only issue you see?

In the above defence yes...I assumed you wanted opinions on it ?

Thanks, will get it sorted.

Directions Questionnaire has arrived. Filled in and submitted.

Copied to sols?

Will be doing so.

Case Discontinued. Thanks for the help.

Well done

Thread title updated

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