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. #21

    Default Re: Lowell claim form - old studio debt

    Hi, tried ringing the SD again but got the same answer, no information.

    Received two letters from Lowell, first one acknowledging theyíve received my letter and they are requesting further information from the original creditors, good luck with that.

    The second letter states Iíve failed to respond to the court claim with either a proposal or a reason why itís disputed.
    If I donít contact them by the 19th they will ask the court to enter a CCJ against me.
    I thought I had more time then that?

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  2. #22

    Default Re: Lowell claim form - old studio debt

    Defence is not due until Tues 19th Feb 4.00pm...you have acknowledged service and stated you intend to defend all ?

    We could do with some help from you

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  3. #23

    Default Re: Lowell claim form - old studio debt

    Quote Originally Posted by Andyorch View Post
    Defence is not due until Tues 19th Feb 4.00pm...you have acknowledged service and stated you intend to defend all ?
    Yes I have acknowledged service and stated to defend all.

    I better sort out my defence then if itís due by Tuesday, though I thought I had longer. Must have got my dates wrong.


  4. #24

    Default Re: Lowell claim form - old studio debt

    33 days from and including the date on the claim formicon

    Date of issue 18 Jan 2018

    We could do with some help from you

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  5. #25

    Default Re: Lowell claim form - old studio debt

    Iíve found this defence in another post which is very similar to my case, if I tweak this for my details would it be ok?

    Particulars....

    1.The defendant opened a studio regulated consumer crediticon 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.


  6. #26

    Default Re: Lowell claim form - old studio debt

    why cant you file the SB defence?

    if SD twice now have said they hold no information, and they gave the reason it was outside of 6yrs?
    then it must be SB'd as they must hold info under those 2 statutes I quoted..

    as for you defence filing date, this was already clearly defined in post 14 and I've repeated that 3 times now.....
    what bank account would you have used? can you not check that?
    or try another credit file provider
    others hold closed accounts listings which give the details of the debt when it was still under the original creditor, often those have all the history.

    id pick a more recent cat debt defence as well that one a bit old hat in some of the responses.

    As for the two letters if you 'd read a few lowell claimformicon threads in the downtime you've had..you'll see they are std ones they always send........

    PLEASE REFRAIN FROM HITTING 'REPLY WITH QUOTE' IF YOU ARE SIMPLY REPLYING TO THE LAST POST IN A THREAD..JUST TYPE!!
    it makes a thread twice as long to scroll through..save data download times and costs
    If you want advice please PM me a link to your thread. PM advice is not allowed!!
    DX
    RIP Martin3030

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  7. #27

    Default Re: Lowell claim form - old studio debt

    I didnít want to file the SB defence just in case it wasnít or do you think thatís the right way to go ?
    I appreciate that you have explained to me about the defence filing date I was just hoping someone could confirm whether I had worked it out correctly or not.
    I will try another credit provider as you suggest and also double check my bank account.
    I didnít think the defence I copied was that old i will have a look tonight to try and find a better one, though if the defence needs to be in tomorrow I will need to do it tonight as I wonít be able to do it tomorrow


  8. #28

    Default Re: Lowell claim form - old studio debt

    " The original agreement was started August 2012 and defaulted March 2014, but Iím unsure when the last payment was."

    Where have you got this default date from ?

    We could do with some help from you

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  9. #29

    Default Re: Lowell claim form - old studio debt

    Quote Originally Posted by Andyorch View Post
    " The original agreement was started August 2012 and defaulted March 2014, but Iím unsure when the last payment was."

    Where have you got this default date from ?
    I got this from my noodle report


  10. #30

    Default Re: Lowell claim form - old studio debt

    That post from Andy about the default date got me thinking, if that date is correct then studio should have that information as itís less than 6 yearsicon so I phoned them again.
    Once again the only information they have is my name, address, account number and that it had been sold to Lowell. That must mean either the date on my credit report is wrong or studio dumped all my data once they sold it to Lowell. Not sure if any of this is relevant but thought Iíd let you know


  11. #31

    Default Re: Lowell claim form - old studio debt

    my thoughts would be if the original creditor can't provide you with last payment details how is Lowell going to be able to

    I would follow DX's advice and file a statue barred defence but please wait for confirmation from Andy or DX


  12. #32

    Default Re: Lowell claim form - old studio debt

    taking you for a fool sorry..
    if there is proof of data that is within 6yrs they MUST disclose it under the two acts I quoted in post 20.

    did you tell them you were immediately getting on the phone to the ICOicon and making a serious complaint regarding them refusing you the data once you put the phone down?
    did you speak to a supervisor?

    PLEASE REFRAIN FROM HITTING 'REPLY WITH QUOTE' IF YOU ARE SIMPLY REPLYING TO THE LAST POST IN A THREAD..JUST TYPE!!
    it makes a thread twice as long to scroll through..save data download times and costs
    If you want advice please PM me a link to your thread. PM advice is not allowed!!
    DX
    RIP Martin3030

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  13. #33

    Default Re: Lowell claim form - old studio debt

    Yes I did quote the two acts and when I asked to speak to the supervisor I was told that when they put me on hold they spoke to their supervisor and that they would tell me the exact same thing.
    Ok, time is running out now which defence do you recommend?


  14. #34

    Default Re: Lowell claim form - old studio debt

    Lets see if we can fit parts of this missing jigsaw.....

    Agreement date....August 2012

    Last payment ......unknown

    Default date registered.....March 2014

    Debt assigned to Lowell ......Sept 2015

    Given that all we have for certain is the registered default date that would mean the debt cant be statute barredicon until March 2020.
    You have no means of proving the last payment date nor can studio provide any information with regards the debt..who in turn cant provide anything the the claimant ...Lowell.

    I would be submitting the normal holding defence and requesting documents to prove its claim in this instance.

    Andy

    We could do with some help from you

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  15. #35

    Default Re: Lowell claim form - old studio debt

    Thanks Andy thatís most helpful.
    How does this defence look?

    1.The defendant opened a studio regulated consumer crediticon account under reference *********on 15/09/2012.

    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 25/09/2015 and written notice given to the defendant.

    3.Despite repeated requests for payment the sum of £360 remains due and outstanding.

    And the claimant claims the said sum of £360interest 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 0.076 but limited to one year being £27.91 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.

    The Claimant has not complied with paragraph 3 of the PAPDC (pre action protocolicon) 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.

    Paragraph 1 is admitted insofar that a contractual relationship in the past with Studio did once exist but I 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 nature of the alleged breach and service and copy of a Default Notice pursuant to CCA sec 87.1

    I am unaware of any legal assignment or Notice of Assignment allegedly served 25/09/2015 pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974

    On the 31/01/2019 I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. To date the claimant has failed to comply to my CPR 31.14. The claimant also remains in default of my section 78 request and are therefore unable to enforce any agreement until such compliance.

    On the 12/02/2019 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 18/2/2019 I still await their compliance.

    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 and sec 78 CCA1974 and 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.

    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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  16. #36

    Default Re: Lowell claim form - old studio debt

    Check the above now

    We could do with some help from you

    PLEASE HELP US TO KEEP THIS SITE RUNNING
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  17. #37

    Default Re: Lowell claim form - old studio debt

    Thank you very much, I really appreciate your time and patience in helping me sort this out.


  18. #38

    Default Re: Lowell claim form - old studio debt

    You could always make a donationicon to help us cover our costs and continue to helps others like yourself

    We could do with some help from you

    PLEASE HELP US TO KEEP THIS SITE RUNNING
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