We've received the Notice of Proposed Allocation to the Small Claims Track today, We must by 5th August complete the Small Claims Directions Questionnaire and file it with the court office.

How do we reply? There's no mediation, they don't have the paperwork.

the red is our ref for you to align paragraphs properly

Lowells have responded saying that their client intends to proceed and have notified the court, so what happens now.

.. They have none of what I've asked for at all, and have failed to produced anything against my defence.

Its correct now...just a few edits .

 

Regards

 

Andy

should i include the part on red, even though the poc will be visible to the court? is this just makng it simple for them to see my defence?

my bad i misread; how about this.

What is the claim for –

1.the claimants claim is for the sum of 359.00 for monies due from the defendant to the claimant

under a home shopping agreement regulated by the consumer credit act 1974,

between the defendant and jd williams and co limited. under acct ref xxxxx

2. and assigned to the claimant on 31st march 2014, notice of which has been given to the defendant.

3.the defendant failed to maintain under the terms of the agreement

and a default notice has been served and not complied with.

The claim also includes statutory interest pursuant to section 69 of the county courts act 1984

at a rate of 8% pa a daily rate of 8p from the date of the assignment of the agreement

to 31st march 2015 being an amount of £29.28.

What is the value of the claim? £473.90

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 denied in the particulars of claim. I am not aware of any such home shopping agreement and deny entering into such agreement.

Paragraph 2 is denied.I am not aware of any assignment pursuant to the Law of Property Act 1925.

Paragraph 3 is denied.I am not aware of receiving a Default Notice nor would be the claimant as an assignee of a debt be aware of either.

I have never received statements or Notice of Sums in Arrears given that the claimants plead they are the legal owner of any alleged debt.

Notwithstanding the above, requests for information pursuant to the consumer credit Act (section 78) and CPR 31.14 were made.

The requests were sent on 27th May 2016 by Recorded Delivery Post. To date I have received no response or acknowledgement from the claimant’s solicitor.

As per civil procedures Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

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

It is denied with regards to the Defendant owing any alleged monies to Lowell Portfolio.

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

© evidence any nature of breach and show service of a Default Notice and Notice of sums in Arrears.

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim.

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.

would this be suitble as no paperwork has ever been recieved or shown:

The Defendant neither deny nor admit to any indebtedness to the claimant.

The Defendant sent the claimant a CPR31.14 request for the original signed agreement and default notice relied upon in the Particulars of the Claim.

The claimant received the CPR31.14 request on the xx/xx/xx by recorded delivery.

As of the xx/xx/xx the claimant has not supplied the requested documents, the claimant has given no good reason or any reason at all to the defendant for this failure to comply with the defendant's legal rights of entitlement to inspect the documents that the claimant's claim is to rely on.

The Defendant asserts that the Pre - Action conduct of the claimant is unacceptable and feels as though the claimant is trying to frustrate proceedings with this Non-Compliance attitude towards Practice Direction.

The Defendant has not been provided with copies of the documents mentioned in the Particulars of Claim, which were requested in the CPR31.14, including the Notice of Assignment, which would prove the Claimant's right to bring this action.

The conduct of the claimant is denying the Defendant the right to submit a full defence and as the action stands at the present time, the Defendant is somewhat confused and unsure as to exactly what the claimant's claim is for, the Defendant is unable to file a full defence as a direct result of the claimants negative Pre - Action Conduct.

The Defendant respectfully requests that the Court stay (Suspend) the proceedings under Practice Direction 4.6 (1) until the claimant complies with the defendants CPR31.14 request. The defendant respectfully requests that the court impose a time scale of seven (7) days upon the claimant to comply with the defendant's rightful entitlement to inspect the documents that the claimant's claim is to rely on, and that should the claimant fail to comply with the court's order, then the defendant respectfully requests that upon notification by the defendant to the court of the claimant's further failure to comply with the Practice Direction sanctions imposed by the court, that the court makes the motion to strike out the claimant's claim on the grounds that the claimant is unable to substantiate the claim.

The Defendant also makes a respectful request to the court for the court's consideration, to permit the defendant to submit an amended defence if the claimant supplies the requested documents mentioned,furthermore, the defendant states to the court, that if the claimant does so indeed disclose the requested documents within the time limit of the further seven (7) days to the defendant, then the defendant requests that the court provide the defendant with directions that inform the defendant of the time scale that the court shall allow the defendant to file/submit the full or amended defence to this action.

can anyone point me in the direction of a good thread with a defence that might be relevant

never heard from them again and the claim was dropped in court.

no that was my ex's, i am now re married

ive acknowledged the claim today on MCOL tating i will defend.

CCA going out tomorrow with the CPR to the solicitors

do i wait now? and do nothing.

in terms of Defence for MCOL, can someone point me in the right direction of a thread, they all look so confusing

no, weve had this conversation, he still has a JD account in his name in good stead, so im baffled by all this really

well i had to give a date, but im 100% i never opened this account, EVER

Claimant: Lowells

Date of issue – 10th may 2016

What is the claim for –

1.the claimants claim is for the sum of 359.00 for monies due from the defendant to the claimant

under a home shopping agreement regulated by the consumer credit act 1974,

between the defendant and jd williams and co limited. under acct ref xxxxx

and assigned to the claimant on 31st march 2014, notice of which has been given to the defendant.

2.the defendant failed to maintain 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 section 69 of the county courts act 1984

at a rate of 8% pa a daily rate of 8p from the date of the assignment of the agreement

to 31st march 2015 being an amount of £29.28.

What is the value of the claim? £473.90

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? JD williams Catalogue

When did you enter into the original agreement before or after 2007? if i did it would be 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. Lowell

Were you aware the account had been assigned – did you receive a Notice of Assignment? never had notice of assignment

Did you receive a Default Notice from the original creditor? never had any communication from JD WIlliams

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? never had one

Why did you cease payments? ive never made any,

What was the date of your last payment? n/a never made one

Was there a dispute with the original creditor that remains unresolved? i never opened this account, its not mine

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementicon plan? n/a

hi there,

ive received papers from the county court business centre for a debt i do not own, never owned or even acknowledged, how do i defend this?

do i need to CCA request lowell? if so i presume its a template letter, which one?

what do i enter in the defence or do i leave it blank and await details? ive acknowledged via mcol so hae more time, any advice needed please.

I defended the case as statute barred and cca'd them as well.

They discontinued and the claim was dropped from the county court.

I just want to pre empt another court claim.

Hi guys,

Long story short,

wife has a debt from 2001, hasn't paid anything since 2004.

Cabot recently took us to court we cca'd them, they dropped the case and we heard nothing.

Until now,

the case was dropped in December,

they sent a CCA today that looks legit,

it has her old signature on it, she's now married ofc.

Do I now reply with the statute barred defence?

Any advice would be good.

I've already cca'd them and they admit they don't have it

 

does this not preclude court action?

it should stop action, but they seem a bit clueless... so im wondering what to do next.

start date for the agreement?

you mean the original debt?

it statute barred,

but I haven't gone done that route yet..

I CCa'd them,

they responded saying they don't have it but hope to have it within 40 days LOL,

well past the 14 I gave them

..just wondering whats best to do at this stage.

So they sent me a court form today from Northampton, I've already cca'd them and they admit they don't have it, what's my next move, the court form came after the CCA was acknowledged as not being present, it may be a cross over but I dont want to ignore it.

What should I do next? Acknowledge service? Or defend.

Nothing...next move is theirs.

 

Andy

ok, i'll sit tight... I don't like sitting still lol.i'm guessing they will have to apply to have my defence struck out now.but with no CCA I presume the debts are unenforceable in court.. so really they cant proceed any further, and if they do I can just slap em with that?

cabot has responded saying they do not have the details on file and will respond within 40 days, i think they missed the point, what is my next move please.

this is what im sending, I presume this is correct.

Cabot Financial (Europe) Limited

PO Box 241

West Malling

Kent

ME19 4NA

[REMOVED]

please do not publish our templates in the open forum - dx

i'll tell you something, shes going to get a talking too of her life when I get home, this is stress I don't need loli'll sit and chill for now, send the CCA and see what unfolds.thanks for all the advice, ill take each step as it arrives.

I take it I will get paperwork for the summary judgement, at which time I pop up and say, err hang on, its not enforceable? and supply the court with a copy of the CCA documentation ive requested and letters Ive sent?

hah thanks made my day.

so im guessing whats going to happen is:

I CCA cabot,

they fumble around.

Restons apply to strike out my defence,

which is fine,

its crap anyway.

this costs them money.

assuming they get a CCJ in the meantime,

when cabot cannot provide a CCA I can have that CCJ set aside?