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Badger91

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Everything posted by Badger91

  1. I had already paid the full balance before you had replied, after you said I had no defence, I don't see why I would submit a defence, when you have just told me I don't have one, because I am only relying on the fact that they haven't provided the NOA + DN, if that's the case why did Dx advise me that I should ignore them and let it go to CC, when I told him all that I was missing was the DN + NOA, If I had no defence then why didn't he tell me there and then before it went to CC, I told him I received the CCA after I replied to the Paploc letter. why would I incur further fees by dragging it out for another 33 days, I rang the courts and asked if it would be possible to pay the previous balance and they said I would have to pay the full amount, so I've paid it, I'm fed up with it, I have not submitted a defence. Lowell said they wont request for CCJ because I've paid in full. Is this site a joke or what, do you actively take pleasure out of misleading people and giving incorrect advice, I feel like have been set up to fail, leading to unnecessary fees being added from following misleading advice.
  2. So what should I do on MCOL, if I ring lowell and pay it now, and then mention in the defence, it’s been settled will all the court fees, solicitors costs be dropped?
  3. Ok well in all honesty I did tell dx that I received the CCA again in July and was weighing up if it was worth letting it go to county court when all that was left was the DN and NOA, and that I would just incur more costs by letting it go that far, but at no point was I told I had no defence and that it was pointless. So I could have just accepted to pay the 389.69 ?
  4. I don’t think I uploaded it, I just accepted that it was legit as it clearly matched capital ones original word for word, I just told Dx that I accept that it was the genuine copy of the original and that I couldn’t argue with it. It’s 100% readable I don’t really want to waste time uploading it.
  5. Yes but the most recent one I got is legible, it matches the copy received in the SAR, the one I have isn’t blurred it’s a clear copy which matches the original received in the SAR.
  6. The first copy of the CCA was just about readable, but after scanning into the computer it was not readable on the computer, next time I received the CCA was in response to the Paploc consumer action reply form, Lowell ignored the request for DN+ NOA but instead sent the CCA which was in higher resolution, and I accept this is the copy of the agreement.
  7. Yes I uploaded it twice on two occasions, the defence is a template from a previous post, which was given as an example of the standard defence for my type of dispute, I changed few bits to suit my claim but didnt know what to do with that part. Should I just delete it. All I am missing with the requested documents, they have also provided the full statement history and fees so they have shown how they got to the balance that’s owed, I was told though that there bank charges to come off.
  8. Ok thanks, I’ve just checked and Im also not sure about paragraph 6 on the defence, it’s saying that I haven’t received the copy of the agreement, but I have received it from them.
  9. Morning Andy, No that wasn’t what I meant, I mean that I received a default at the the time of the original default, and it was provided when I requested the SAR from capital one. when requesting default notice from Lowell in response to the Paploc letter using the consumer action reply letter, Lowell ignored my request for a copy of the default notice and the notice of assignment, they replied by sending me another copy of the credit agreement which was in higher quality than the previous one they had sent. When I received the claim form, I sent off the CPR 31:14 to request for copy’s of the DN + NOA, which they responded to and said that they had requested the documents from capital one. I’m not saying that capital one did not Issue one to me originally, I’m just saying when I’ve requested a copy of both documents from Lowell they haven’t been able to send me them. they have to date sent me copy’s of the CCA the transaction history including fees and interest nothing titled Notice of Assignment was sent to say they were assigned the debt, only received a letter when Lowell first contacted me which just said they purchased the debt on XX/XX/XX. does that count as notice of assignment ? Does it have to be titled “notice of assignment” or can it be any letter where they tell me they bought the debt.
  10. I received one in the sars request from capital one, but when requested from Lowell they failed to respond and instead sent a copy of the credit agreement again. I know that capital one can only issue a default notice, but Lowell didn’t provide it at any point when it was asked for, they also didn’t provide proof that the debt was assigned, I received nothing titled notice of assignment, they just sent me a letter telling me it had been purchased in April 2020. They have recently replied by letter to say that they have requested the documents from capital one.
  11. Hi Andy, I think I might have been on about capital one, they had sent me a default notice in the sars request, but to date Lowell has not, Ive requested it, after receiving the Paploc letter, with the consumer action reply form, and the CPR 31:14, where abouts in the thread are you looking at, what page is it on, I’ll have a look, maybe I didn’t explain clearly, but I’ve definitely not received a default notice from Lowell.
  12. Ok thank you for your help, I Have use the example you posted but with a few adjustments to the particulars of claim and also made some small changes to the defence, if you could just have a quick look and let me know if its ok to submit on the 6th, can I also mention the bank charges that are to come off in the eventuality that Lowell manage to provide the requested documents or would I leave this until a later stage. here is the defence for you to check. Particulars of claim (1) The Defendant entered into a consumer credit act 1974 regulated agreement with Capital One under account reference (xxxxxxxxxxxxxxxx). (2) The Defendant failed to maintain the required payments and a default notice was served under s.87(1) of the Consumer Credit Act 1974, which was not complied with. (3) The Agreement was later assigned to the Claimant on 30/04/20, and notice was given to the Defendant. (4) Despite repeated requests for payment, the sum of £386.69 remains due and outstanding. (5) The Claim includes Statutory interest under S.69 of the County Court Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £30.94. (6) The Claimant claims the sum of £417.63. Defence (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 Capital One but do not recognise this specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request. (3) Paragraph 2 is noted. Although I have not retained a copy of it and I do not recall the precise details of the Default Notice I have requested a further copy from the claimant which they have yet to provide. (4) Paragraph 3 is noted. Although I have not retained a copy of it and I do not recall the precise details of the Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1) and therefore requested a further copy from the claimant which they have yet to provide. (5) Paragraph 4 is denied, as they claimant has yet to fully comply. (6) On receipt of the claim form, the Defendant sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, the Claimant has complied and proved a copy of the alleged agreement. (7) A further request made by via CPR 31.14 to the Claimants solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The Claimant has not complied, but has stated a general extension of time to retrieve the documents, to date nothing has been received. (8) It is therefore not accepted 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 how the Defendant has reached the amount claimed for and: (C) Show the nature of the breach and evidence by way of a Default Notice Pursuant to section 88 of the Consumer Credit Act 1974 and: (D) Show how the Claimant has the legal right, either under statute or equity to issue a claim. (9) as per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed. (10) On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has a right to lay claim due to contraventions of section 82A of the Consumer Credit Act 1974. (11) By reasons of the facts and matters set out above, it is denied that the Claimant at this time is entitled to the relief claimed or any relief.
  13. Yeah you have now but you didn’t tell me previously like you just insinuated, before you go off on one at me you beat check what you actually said first, because I didn’t know I could do it through MCOL as you are only just telling me now, go check your previous advice you didn’t say that, you told me to respond to a claim and tell the court I intended to dispute, you didn’t say I could submit the defence through the same site, so this is why I was asking you for clarification. Now you said that I should pop up my defence here before I do anything, I’m pretty sure that’s what I was trying to do.....
  14. I was updating you that the DCA has said that they were going to request the documents from OC. I didn’t not say that I was submitting the defence to the OC. I then went on to ask for advice on submitting a defence, I asked could I submit the defence online rather than by the form provided attached to the Claim form i asked for confirmation as to what to say for a defence, I asked if for your opinion if I was correct in what to say, I was expecting you to either say yes that’s fine or tell me what’s wrong. But Please tell me where you said that I needed to go back in to MCOL , after exiting and come back to defend online on MCOL by day 33. retitled and moved to legals please complete this: pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] . register as an individual on the Gov't Gateway Site note down your details inc the long gateway number given, you might need it later. then log in to the MCOL Website . select respond to a claim and select the start AOS box. . then using the details required from the claimform . defend all leave jurisdiction unticked you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit MCOL. ... get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] ... . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . on BOTH type your name ONLY Do Not sign anything . you DO NOT await the return of ANY paperwork you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] .............. because you didnt so how am I supposed to know, I’ve read claim form and seen that the defence section, it is to be sent by post, so I came on to ask if I could do it online, what I meant was on the MCOL site, I didn’t expect such an insensitive response, I thought yours suppose to help and advise, but if you don’t give clear advise am I supposed to guess ?
  15. Hi, have received letter from Lowell to say that they are going to request the NOA and DN from capital one. also how should submit my defence can i do it online or does it have to be by the form supplied with the claim form. Should I say I am defending all the the particulars because I believe the debt not to be enforceable as I am yet to receive the following NOA + DN that I’ve requested in the CPR, which were also requested in response to the Paploc letter, which was ignored and therefore I do not accept liability and want to make a counter claim against Lowell’s, solicitors fees and the court fees, and the county courts interest, as the if they had provided the requested documents when I replied to the paploc letter, before submitting a claim to the county court, I would have paid the debt minus the bank charges, and that if they manage to present the NOA + DN and the debt is in fact enforceable I want the bank charges taken off the balance, as I believe they were overpriced/ unfair. I have got 7 working days to get the defence back to the CC.
  16. ok, On the CPR, should I change this section "Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored] [delete if no such request was delivered" to that I had delivered a request for the production of the NOA + DN. The wording didn't make sense to me as the request for the production of CCA hasn't been ignored, its been fulfilled, but the template doesn't state anything about removing or editing this line depending on the documents still outstanding, other than if a request was never sent.
  17. The last time I requested the CCA was 11th june 2020, which I was sent on the 30th July, but it was blurred and barely readable, when I sent the pre action protocol reply form requesting the NOA + DN, they responded by sending me a clear copy of the CCA, but no NOA or DN.
  18. Hi dx, when you said you posted the above instructions the wrong way round, do you mean I shouldn't have registered my intent to defend all on MCOL website or is that still correct? On the CPR, should I change this section "Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored] [delete if no such request was delivered" to that I had delivered a request for the production of the NOA + DN. can I DM you my completed CPR with all identifiable info removed to just double check its correct.
  19. Hi, here it is Name of the Claimant ? Lowell Portfolio I LTD Date of issue – 05/08/21 Particulars of Claim What is the claim for – the reason they have issued the claim? 1.The claim is for the sum of £386.69 due by the defendant under and agreement by the Consumer Credit Act 1974 for a Capital One account with an account reference of ****************. 2.The defendant failed to maintain contractual payments required by the agreement and Default Notice was served under s.87(1) of the Consumer Credit Act 1974 which has not been complied with. 3.The debt was legally assigned to the claimant on 30/04/20, notice of which has been given to the defendant. 4.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 issue of these proceedings in the sum of £30.94 The Claimant claims the sum of £417.63 . What is the total value of the claim? 517.63 After court fee of £50 and legal representative's costs of £50 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes , received Paploc letter, responded with CAG reply form, requesting documentation, have already requested and received the original credit agreement, and full statement including all transactions, interest and fees. Have requested notice of assignment, and original default notice but have not received them. Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? yes. Did you inform the claimant of your change of address? yes. Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Capital One credit card. When did you enter into the original agreement before or after April 2007 ? After, 24th Oct 2014. Do you recall how you entered into the agreement...On line /In branch/By post ? online through very catalogue site ( shop direct ) Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? yes. 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 has issued the claim, purchased by Lowell Portfolio l ltd on 30/04/20 Were you aware the account had been assigned – did you receive a Notice of Assignment? I don’t think I have received anything titled notice of assignment however the first time I was made aware was 08/05/2020 Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? I have no letters that were included in the SAR request from capital one, I have been receiving letters with the heading “statements of activity every 6 month since 29/09/2016. Why did you cease payments? Lost Job, was on Jobseeker’s Allowance couldn’t afford to pay, entered into repayment plan but with capital one, later arranged to pay through stepchange debt management plan, which ceased after I was unable to make the token payments of £1. What was the date of your last payment? 07/06/19 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 explained I was out of work and was struggling to pay, interest was frozen, was put on to repayment plan and later moved onto a debt management plan with stepchange, which stopped when I couldn’t afford to make he minimum token payment of £1.
  20. Thanks Dx, I've done as you advised and have edited the CPR 31.14 request and would just like to check with you if its right. Lowell have already provided the following, original credit agreement, full statement of activity (statement of account) including all interest and fees, should I still include them on the CPR 31.14 or delete, The statement of account, isn't mentioned on the Particulars of claim, so should it be removed? they are yet to provide the default notice or notice of assignment. going to send it 1st class signed for tomorrow. kind regards
  21. Hi, Today I have received a claim form with an issue date of 05/08/21, at the top of the letter it says “in the county court business centre, it has a claim number and below is the court address: County Court Business Centre, 4th Floor, ST Katherine’s House, 21-27 ST Katherines Street, Northampton, NN1 2LH Claimant : Lowell Portfolio I Ltd Ellington House 9 Savannah Way Leeds Valley Park LS10 1AB Address for sending documents and payments if different: Overdales Solicitors PO BOX 1399 Bradford BD5 5GA The county court stamp and logo is blurred. The Particulars of Claim : The claim is for the sum of £386.69 due by the defendant under and agreement by the Consumer Credit Act 1974 for a Capital One account with an account reference of ****************. The defendant failed to maintain contractual payments required by the agreement and Default Notice was served under s.87(1) of the Consumer Credit Act 1974 which has not been complied with. The debt was legally assigned to the claimant on 30/04/20, 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 issue of these proceedings in the sum of £30.94 The Claimant claims the sum of £417.63 It also goes on to say “that the claimant believes the facts stated in this claim form are true” which has been signed by the claimants legal representative. The total amount is 517.63 after a court fee of £50, Legal representatives costs of £50. Time allowed to reply to this claim: you must respond to this claim within 14 days of service (or particulars of claim if served separately) the date of service is taken 5 days after the issue date. If you agree with all of the claim and wish to pay now : 14 Days of the date of service. If you agree with the the claim and are asking for time to pay: complete N9A document. if you admit to only part of the claim: complete the admission form N9A and the defence form N9B and sent them both to the court within 14 days of the date of service. if you disagree with the claim or if you want to make a claim against the claimant (counterclaim): You must send either the completed acknowledgment of service form or a defence form to the court within 14 days of the date of service, if you send the acknowledgment of service you must send a defence to the court to arrive no later than 28 days from the date of service. costs and interest: additional costs and interest may be added to the amount claimed on the front of the claim form if a judgement is entered against you. could you advise on how I should proceed and if the letter is genuine as it doesn’t say northants bulk court and the form is blurred, Do you think this has has come directly from Lowell’s Solicitors. I have been working nights so I’ve only just had time to let you know when I took the letter to work with me this afternoon, I will upload the letter within the next 3 days when I am off work if you would like to see it. Kind regards
  22. Ok thanks, but at what point will the fees be added to the balance, is it as soon as they make a claim to northants bulk, or is it after they provide the notice of assignment and the original default notice, I don’t want it to get to that stage if it’s going to jump up to 523 pounds.
  23. I’m just thinking if it is worth my time letting it get to the northants bulk claim, Overdale Solicitors have said the balance could increase to 523.78 their estimate figures are: Interest - £30.09 Court fee - £35.00 Solicitor Costs - £50.00 Judgement costs - £22.00 I would be excellent if they cannot produce the requested documents and it becomes unenforceable, however if they do have them I’ll then have to pay all the fees. if they don’t already have them, they have until the account comes off hold to acquire them.
  24. Hi, completed the following as best as possible, is the claim form the paploc letter or is this something else? Name of the Claimant ? Overdale Solicitors (Lowell) Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. Give answer here 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) - ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total Particulars of Claim 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. Give answer here What is the total value of the claim? £386.69 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes , received Paploc letter, responded with CAG reply form, requesting documentation, have already requested and received the original credit agreement, and full statement including all transactions, interest and fees. Have requested notice of assignment, and original default notice but have not received them. Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? yes. Did you inform the claimant of your change of address? yes. Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Capital One credit card. When did you enter into the original agreement before or after April 2007 ? After, 24th Oct 2014. Do you recall how you entered into the agreement...On line /In branch/By post ? online through very catalogue site ( shop direct ) Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? yes. 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 has issued the claim, purchased by Lowell Portfolio l ltd on 30/04/20 Were you aware the account had been assigned – did you receive a Notice of Assignment? I don’t think I have received anything titled notice of assignment however the first time I was made aware was 08/05/2020 Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? I have no letters that were included in the SAR request from capital one, I have been receiving letters with the heading “statements of activity every 6 month since 29/09/2016. Why did you cease payments? Lost Job, was on Jobseeker’s Allowance couldn’t afford to pay, entered into repayment plan but with capital one, later arranged to pay through stepchange debt management plan, which ceased after I was unable to make the token payments of £1. What was the date of your last payment? 07/06/19 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 explained I was out of work and was struggling to pay, interest was frozen, was put on to repayment plan and later moved onto a debt management plan with stepchange, which stopped when I couldn’t afford to make he minimum token payment of £1.
  25. Yes I have looked into the pre action protocol, which states that the creditor must provide requested documents within 30 days, which they haven’t yet provided it all, still waiting on the default notice, notice of assignment, I’m presuming that they don’t have it otherwise it would have been provided, all charges, interest, and purchases are included in the statement they provided along with CCA. Going by what you had said previously about Lowell not having to comply with all the requested documents in order to request northants bulk to raise a court claim. will this mean that I won’t incur additional court fees unless they can provide the default notice and notice of assignment to the courts and that if they cannot provide them, will they back down? not sure if you had made a typo: lowells if they have any paperwork issues typically did continue the claim once they HAVE to disclose enforceable documents.. did you mean to put they typically didn’t continue the claim. As you can imagine I don’t want to incur any additional fees, so if it means negotiating with them to remove the bank charges and just paying the remainder I would rather do this than later find that they have the documents after the 30 day hold on the account expires and they then begin the court claim I have tried my best to understand however I do work full time nights and have other commitments and life that gets in the way, my expertise is no match from advise you all seem to understand like the back of your hands, it’s quite confusing for someone to understand, especially when your expected to figure it out yourself within 30 days, You advised me to return for advise when I received the PAPLOC letter and that’s what I’ve done, I returned for help with the next steps and it’s almost like you begrudge Advising people when they come for help, there’s no need to be so abrupt and almost passive aggressive tone, it’s almost as if you really hate having to advise people, clearly you would much rather we all be experts but that’s easier said than done. being a bit more understanding and some politeness would go a long way, you come across very rude, abrupt and argumentative, you don’t seem to show any empathy which has shown through your replies throughout the thread. If I was able to work this out on my own I wouldn’t ask, apologies for being such a hinderance to your day.
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