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nicurro

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Everything posted by nicurro

  1. Hi Andyorch, yes thanks it was just added the account no. where required.
  2. Defence added to MCOL - I will update in due course. Thank you again ......
  3. Hi Andyorch, Sorry to ask but any thoughts on when the draft defence will be ready?
  4. Ok Andy thank you. I was thinking that if I cannot log into the claim could it have been withdrawn ?
  5. Tried to login to MCOL just to make sure that when the defence was ready for submitting there would be no issues tbh.
  6. Hi, just tried to login to the claim on MCOL but cannot access it. Message appears saying that Claim number or password is incorrect even though they are as on the claim. Do I now need to phone them?
  7. Not sure if I am on the right track with this but below is the defence I have put together: 1. On the 14th August 2021( 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 sufficiently and remains in default of the section 78 request. 2. The claimant has not provided a true copy of the CCA despite requests being made but instead I received a response dated 18/09/2021 stating `please find enclosed a copy of the agreement’. 3. No valid copy of an executed consumer credit agreement that complies with the CCA1974 has been received by the defendant. 4. The `so called ` copy of the agreement stated in claimants letter dated 18/09/2021 is in fact stated as an online application and is no more than a log from either the OC`s operating system or one that has been constructed since with details from the account to look like an application.The document has no digital ID to show where the agreement was supposedly signed. 5. Without a valid true copy of the executed Credit agreement that complies with the CCA1974 the claimant has no grounds on which to enforce this alleged debt and has in fact attempted to mislead the courts in to believing that they have the necessary paperwork. 6. 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 7. Show how the Claimant has the legal right, either under statute or equity to issue a claim. 8. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 9. 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. 10. 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. 11. It is therefore requested that the Claimants Claim is struck out pursuant to the above.
  8. Just a quick update on this, we have just received an email from the ombudsman after almost 1 year saying that they have assigned an adjudicator to the case. probably doesn’t change the court case but thought I would let you know. We haven’t received anything further from Overdales or Lowell since the last upload of docs. thanks
  9. Yes dx100 - one did have the name and address on as you said. NO IP address box filled in from the online sign up PC - is there box for this ? Is it usual for the IP to be listed on the form? Is there a way forward yet or do we just wait a bit ?
  10. Documents received attached from CPR request - Overdales solicitors CPR Overdales - 13-08-2021.pdf
  11. Hi, my wife has today received a copy of the credit agreement (electronically signed) and also the deed of assignment though this looks to be a letter saying that they have bought the debt. The letter also says that they are waiting for other documents to be received and they will send them to her when available.
  12. Both letters posted today , CCA & CPR, MCOL completed as advised.
  13. Sorry to be a pain but on the CCA & CPR do I add the solicitors address or the claimants address ? Thanks
  14. On the CPR instruction it says “on BOTH type your name ONLY” Is “both” the CPR & CCA ?
  15. Hi, just preparing the CCA request, should it be sent to the claimants address or the correspondence address? Lowell - claimant Overdale solicitors- correspondence address. thanks
  16. Name of the Claimant ? Lowell Portfolio LTD Date of issue – 10th August 2021 Particulars of Claim What is the claim for – 1. The claim is for the sum of £1519.59 due by the defendant under an agreement regulated by the Consumer Credit Act 1974 for a Shop Direct account reference of xxxxxxxxxx 2. The defendant failed to maintain contractual payments required by the agreement and a Default Notice was served under a.87(1) of the Consumer Credit Act 1974 which has not been complied with. 3. The debt was legally assigned to the claimant on 03-08-2020, 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 assignment to the date of issue of these proceedings in the sum of £121.57. The Claimant claims the sum of £1641.16 What is the total value of the claim? £1836.16 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Did you inform the claimant of your change of address? Not applicable Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Catalogue When did you enter into the original agreement before or after April 2007 ? After Do you recall how you entered into the agreement...On line /In branch/By post ? Online 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 Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes 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 ? No Why did you cease payments? Affordability and dispute over increasing credit limit without checking affordability. Total balance was reduced as they agreed that some increases were not properly checked before allowing them. What was the date of your last payment? May 2020 Was there a dispute with the original creditor that remains unresolved? Yes Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes but no attempt to enter into a debt management plan.
  17. Hi, my wife has now received a County Court claim for this debt with a limited time to reply. Any advice appreciated on how to proceed.
  18. Hello, Sorry, yes it is the same issue DX100. No pre-action protocol pack has been received Andyorch.
  19. Hi, My wife had a catalogue debt that was transferred to a collection agency as far as she knows. she has received a letter from Overdales Solicitors which is saying that Lowell Portfolio have instructed them to recover the outstanding balance. It goes on to say that they are instructed to request that the court issues a County Court claim against her. They then set out the balance, est. interest, estimated court fee, solicitors cost, judgement costs, giving a total £300 above the original debt. Could someone advise if she should contact them to try to resolve the matter? The original balance was reduced because the catalogue company agreed that irresponsible lending was in part their fault as they didn’t carry out the correct checks on affordability. The remaining balance was transferred within a day of this decision to Lowell’s with no way of appealing their decision. She contacted the Ombudsman but hasn’t had a response in over 6 months. Any advice appreciated. Nic
  20. I was wondering how claiming might affect my future premiums for insurance with it being a low value claim. Definitely covered in policy but will I pay for it in the long run ?
  21. Hi, I have accidental damage contents insurance and I am not sure if to make a claim for a cracked laptop screen which happened when a family member stood on the laptop. Could someone advise if I should make the claim which I feel will be about £175 to fix the laptop. thanks
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