Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #61

    Default Re: Lowell claimform - old studio cat debt

    I wouldn't wait
    prepare now
    we all know what xmas can throw at people

    dx

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  2. #62
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    Default Re: Lowell claimform - old studio cat debt

    Quote Originally Posted by dx100uk View Post
    I wouldn't wait
    prepare now
    we all know what xmas can throw at people

    dx
    Prepare as if copy of agreement not received & use that as my defence?


  3. #63

    Default Re: Lowell claimform - old studio cat debt

    std holding / no paperwork defence on most claimformicon threads in this forum.
    you should spend you downtime between court stages to be reading up!!

    use the search CAGicon box of the top red toolbar.


    Lowell claimform cat

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  4. #64
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    Default Re: Lowell claimform - old studio cat debt

    Am I along the right tracks with this?

    1.The claimants claim is for the sum of £ being monies due from the defendant to the claimant under a home shopping agreement regulated by the consumer crediticon act 1974 between the defendant and shop direct finance company limited under account reference xxxxx and assigned to the claimant on xx/xx/xxxx notice of which has been given to the defendant.

    2.The defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with.

    3.The claim also includes statutory interest pursuant to sectiom 69 of the county courts act 1984 at a rate of 8.00% per annum (a daily rate of £0.10 from the date of assignment of the agreement to xx/xx/xxxx being an amount of £


    IN THE county courticon

    *BUSINESS CENTRE
    Case No
    (NAME) - Claimant
    VSicon
    (NAME) Ė Defendant

    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.

    Although copies have now been received The Defendant is unaware of originally receiving 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 pertaining to this claim from Lowell. To date I have yet to receive a compliant response.

    The Defendant requested information pertaining to this claim from Lowell Portfolio 1 LTD by way of a Section 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;

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

    As per Civil Procedures 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 credit 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.


  5. #65

    Default Re: Lowell claimform - old studio cat debt

    getting there
    fluff up on CPR and to whom and when
    and
    the CCA

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  6. #66
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    Default Re: Lowell claimform - old studio cat debt

    Yes it was a quick draft just wanted to check I was along the right lines. Have I quoted wrong CPR?
    CCA I need to check the date I requested


  7. #67

    Default Re: Lowell claimform - old studio cat debt

    Read like cat defence from 2017/8

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  8. #68
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    Default Re: Lowell claimform - old studio cat debt

    Quote Originally Posted by dx100uk View Post
    Read like cat defence from 2017/8
    Yes thatís what Iíve been looking up & trying to research to get my defence together


  9. #69

    Default Re: Lowell claimform - old studio cat debt

    Here are some recent Cat defences that Andyorch drafted for another poster s
    .
    You will have to edit slightly to suit your claimant Particulars and add your requests for CCA /CPR ect.....
    ^^^^^^^^^^^^^^^^^^^^^^^^^ ^^^^^^^^^^^^^^^^^^^^^^^^^ ^^^^^^^^^^^^^^^^^^^^^^^^^ ^^^^^
    .

    Defence
    .
    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.
    .
    1 .Paragraph 1 is noted. I have had an agreement in the past with [enter original creditor] but do not recognise the account number referred to by the claimant.
    .
    Paragraph 2 is noted but not admitted. The claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the defendant did not enter into any agreement with the claimant and is therefore put to strict proof to verify the alleged statement of its particulars.
    .
    3 .Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served over X years ago.
    .
    On the DDicon/MM/YYYY ( sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. The claimant has failed to date to respond to the CPR and remains in default of the section 78 request.
    .
    3.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 with the Claimant; and
    (b) show how the Defendant has reached the amount claimed for; and
    (c) show how the Claimant has the legal right, either under statute or equity to issue a claim;
    .
    4.As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.
    .
    5.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.
    .
    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.
    .
    Regards
    .
    Andy
    ***************
    ...
    ..

    or
    .
    1.The claim is for the sum of £398.82 due by the defendant under a non-regulated Shop Direct account with an account ref of ******
    .
    2.The defendant failed to maintain contractual payments required under the terms of the account agreement.
    .
    3.The debt was legally assigned to the claimant on 28/Aug/2015, notice of which has been given to the defendant.
    .
    The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of proceedings in the sum of £31.91
    The claimant claims the sum of £450.73
    .
    .
    Defence
    .
    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.
    .
    1. Paragraph 1 is noted. I have had in the past an agreement with Shop Direct but do not recognise the account number referred to by the claimant.It is my understanding that all credit facilities provided by Shop Direct would be regulated and legislated under Credit Consumer Act 1974.
    .
    2. Paragraph 2 is denied. I have not received a Default Notice from the original creditor.
    .
    3. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served.
    .
    Therefore Paragraph 1 is denied 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 and evidence the nature of any breach by way of a Default Notice
    (c) 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;
    .
    4. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.
    .
    5. 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 consumer credit Act 1974.
    .
    6. On the 8th November 2016 I made a legal request by way of a CPR 31.14 request and a Section 78 request to the Claimant. The Claimant has failed to comply and therefore is in default of this request and as such is forbidden to request any relief until such compliance.
    .
    7. 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.

    .
    or
    .
    1.The claimants claim is for the sum of £460 being monies due from the defendant to the claimant under a home shopping agreement regulated by the consumer credit act 1974 between the defendant and shop direct finance company limited under account reference xxxxx and assigned to the claimant on xx/xx/xxxx notice of which has been given to the defendant.
    .
    2.The defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with.
    .
    3.The claim also includes statutory interest pursuant to sectiom 69 of the county courts act 1984 at a rate of 8.00% per annum (a daily rate of £0.10 from the date of assignment of the agreement to xx/xx/xxxx being an amount of £36.60.
    .
    .
    .
    Defence
    .
    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.

    1 Paragraph 1 is noted. I have had an agreement in the past with Shop Direct Finance Company but do not recognise the account number referred to by the claimant.
    Furthermore which is denied,I am unaware of any legal assignment or Notice of Assignment allegedly served over X years ago.
    .
    2 Paragraph 2 is noted but not admitted. The claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the defendant did not enter into any agreement with the claimant and is therefore put to strict proof to verify the alleged statement of its particulars.
    .

    3 On the 07/11/2016 (sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. The claimant has failed to date to respond to the CPR and remains in default of the section 78 request.
    .
    4 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 how the Defendant has reached the amount claimed for; and
    (c) Show and evidence any breach and service of a default Notice which it refers to in their particulars;
    (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;
    .
    5 As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.
    .
    6 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.
    .
    7 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.
    .
    or
    .
    .
    Edit to suit and fit your particulars....
    .
    Your particulars of claim
    .
    1 the claim is for the sum of £7xx.xx in respect of monies owing by the defendant on a credit agreement held by the defendant with shop direct under account number xxxxxxxxxxx upon which the defendant failed to maintain payments
    .
    2 a default notice was served upon the defendant and has not been complied with
    .
    3 the balance owed was assigned from shop direct
    to the claimant and the defendant has been notified of the assignment by letter
    ..#
    .
    .
    ..
    Defence example to be edited
    .
    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.
    .
    1 Paragraph 1 is noted. I have had an agreement in the past with Shop Direct Finance Company but do not recognise the account number referred to by the claimant.
    Furthermore which is denied,I am unaware of any legal assignment or Notice of Assignment allegedly served over X years ago.
    .
    2 Paragraph 2 is noted but not admitted. The claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the defendant did not enter into any agreement with the claimant and is therefore put to strict proof to verify the alleged statement of its particulars.

    .
    3 On the 07/11/2016 (sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. The claimant has failed to date to respond to the CPR and remains in default of the section 78 request.
    .
    4 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 how the Defendant has reached the amount claimed for; and
    (c) Show and evidence any breach and service of a default Notice which it refers to in their particulars;
    (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;
    .
    5 As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.
    .
    6 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.
    .
    7 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.
    .
    Andy

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  10. #70
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    Default Re: Lowell claimform - old studio cat debt

    Thank you. Got up early to beat the kids & try & get this together

    Particulars....

    1.The defendant opened a studio regulated consumer credit account under reference ***** on 08.11.2008.

    2.In breach of the agreement the defendant failed to maintain the required payments and the agreement was terminated. The agreement was later assigned to the claimant on 28.06.2017 and written notice given to the defendant.

    3.Despite repeated requests for payment the sum of £440.6 remains due and outstanding.

    And the claimant claims the said sum of £440.66 interest pursuant 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 0.097 but limited to one year being £35.25
    Costs

    Defence

    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.

    Paragraph 1 is noted. I have had an agreement in the past with Studio but do not recognise the account number referred to by the claimant.

    Paragraph 2 is noted but not admitted. The claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the defendant did not enter into any agreement with the claimant and is therefore put to strict proof to verify the alleged statement of its particulars.

    I am unaware of any legal assignment or Notice of Assignment allegedly served 28/06/2017.

    On the 06/12/2018 I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. The claimant responded with a letter dated 13/12/2018 enclosing a copy of an assignment. Enclosed is a copy of a letter dated 23/08/2017 introducing Lowell and saying that Express Gifts have sold the account to Lowell.

    On the 13/12/2018 Lowell have sent a letter stating they have asked for a copy of the agreement and statement and will contact once a response received. To date 27/12/2018 no agreement and statement have been received.

    It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/agreement/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 with the Claimant; and
    (b) show and evidence the nature of breach and service of a default notice pursuant to section 87(1) CCA1974
    (c) 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;

    As per Civil Procedureicon Rule 16.5(4), 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 credit Act 1974.

    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.

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  11. #71

    Default Re: Lowell claimform - old studio cat debt

    Just a few tweaks as hi lighted in Blue above

    Andy

    We could do with some help from you

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  12. #72
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    Default Re: Lowell claimform - old studio cat debt

    Quote Originally Posted by Andyorch View Post
    Just a few tweaks as hi lighted in Blue above

    Andy
    Thank you should I send tonight or tomorrow?


  13. #73

    Default Re: Lowell claimform - old studio cat debt

    Tomorrow will be fine

    We could do with some help from you

    PLEASE HELP US TO KEEP THIS SITE RUNNING
    EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS



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  14. #74
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    Default Re: Lowell claimform - old studio cat debt

    Quote Originally Posted by Andyorch View Post
    Tomorrow will be fine
    Yes Iíll wait just in case anything comes in todays post - do I have until 4.00?


  15. #75

    Default Re: Lowell claimform - old studio cat debt

    yes

    We could do with some help from you

    PLEASE HELP US TO KEEP THIS SITE RUNNING
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  16. #76
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    Default Re: Lowell claimform - old studio cat debt

    Received confirmation from court today that theyíve received defence & claimant has 28 days to respond


  17. #77
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    Default Re: Lowell claimform - old studio cat debt

    Received letter from Lowell today enclosing a copy of directors questionnaire which they have sent to the court. Their letter says they have agreed to Mediationicon in their directors questionnaire
    It says if I agree to Mediationicon I am to tick yes in my own directors questionnaire - Iím guessing I receive this from courts?
    Or I can contact Lowell to settle!


  18. #78

    Default Re: Lowell claimform - old studio cat debt

    Why?
    Get reading other threads

    Doesn't mean they've sent the court it.....

    So you now have all the docs from cca/CPR requests then too

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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE
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