credit card debt & lowel

[ODC]

The 28 days also gives you more time to itemise other things wrong with Lowells Claim such as No Default Letter, No Notice of Assignment etc. In order to put in a full defence you need to post details of Lowells POC (Particulars of Claim). They cannot just say you owe the money. They have to be more detailed than that.

[coldwar]

ok guys, I have lodged aknowledgement of service withe the intention to defend online, so now I need to defend!

 

The particulars of the claim states:

 

'The defendant entered into an agreement with the assigner, regulated by the consumer credit act 1974. The defendant failed to comply with the terms and the agreement was terminated in accordance with the statutory notice of default. The benefits of the agreement were assigned to the claimant. Debt assigned on 05/07/07 by egg plc

 

and the claimant claims

£AMOUNT

2. statutory interest at a rate of 8 per cent per anum from and thereafter at a daily rate of £0 (all figures given here are zero)

 

'Agreement: (LONG NUMBER)

 

'Ref. (SAME LONG NUMBER)

 

That is exactly how the particulars read..

 

Where should I go from here?

 

Thanks for everyones ongoing help

 

Coldwar

Edited July 2, 2008 by coldwar

[pt2537]

Oh dear, not the most impressive set of POCs,

 

does it state the amount of the debt correctly?

[coldwar]

Hi Pt2537

 

It is correct in the sense that it is the same figure they have used in their previous letters to me with the addition of court fees..

 

Regards

Edited July 2, 2008 by coldwar

[coldwar]

Hello everyone

 

Still not sure what I should actually do at this point. I have given notice to that itend to defend. Do I now just state what ODC said to the court? If so should I actually qoute the section of the CCA as per his post? I presume I should point out to the court that lowell have committed an offense in not supplying me with the cca? If they actually have come up with the evidence but not bothered to send it to me, havent they wasted the courts time when they should have just been dealing with me at this point? Should I contact Lowell at this point at all, i.e complain in writing that they have not supplied me with the CCA and have commited an offence and that I now require it uregntly as part of my defense? or should I just stick to dealing with the court now?

 

Sorry if I seem dumb, but Im clueless here..maybe this post should be moved to the legal section now?

 

Thanks again all

 

 

Coldwar

[Greenpea]

http://www.consumeractiongroup.co.uk/forum/legal-issues/95027-cabot-county-court-claim.html

Don't know if this thread may help.but have a read. look for other court case threads.

Is it Lowell solicitors Hamiltons If so i'm sure you have to ask them for lots of details like the cca, and interest charges,deeds of assignment ect. keep looking. you will find what you need. When they can't or don't produce these documents you have a winning case where the judge wil have it struke out or Hamiltons will withdraw.

Hope this helps.

Just like to say i;m no expert just relaying what i'v read on other threads

Edited July 3, 2008 by Greenpea

[ODC]

Hello everyone

 

Still not sure what I should actually do at this point. I have given notice to that itend to defend. Do I now just state what ODC said to the court? If so should I actually qoute the section of the CCA as per his post? I presume I should point out to the court that lowell have committed an offense in not supplying me with the cca? If they actually have come up with the evidence but not bothered to send it to me, havent they wasted the courts time when they should have just been dealing with me at this point? Should I contact Lowell at this point at all, i.e complain in writing that they have not supplied me with the CCA and have commited an offence and that I now require it uregntly as part of my defense? or should I just stick to dealing with the court now?

 

Sorry if I seem dumb, but Im clueless here..maybe this post should be moved to the legal section now?

 

Thanks again all

 

 

Coldwar

Paul will probably give you the proper legal response. However in the meantime post this off to Clownells by recorded delivery

 

Dear Cretins,

 

I have received the Court claim filed by your Company. To enable me to file a defence and counter-claim, I require specific information regarding the account to be provided forthwith. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below. This letter supersedes any previous requests. The information must be furnished by the **DATE**, which gives you TEN days to provide what has been requested. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.

b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations

c. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with Barclaycard.

d. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

e. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

f. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

i. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

j. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

 

3. Any other documents you seek to rely on in court.

4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.

5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into.

 

I will require this information within the next TEN days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

 

Yours Faithfully,

[steven4064]

I think ODC's propsal pretty much hits the nail on the head

[coldwar]

back again! I sent a letter to clownells as per ODC, They had until today (Igave them TEN days) to supply the info including the CCA as previously requested, as you may have guessed - they have provided nothing at all - I sent recorded so know the letter was received by them, I am supposed to provide my defense to the court by next wednesday, what should I do now guys?

 

Thanks for your help with this fellas

 

Coldwars

[pt2537]

did you make a CCA request in the end? did they acknowledge it?

 

do you actually owe the money? what i mean is , is this your debt or have they got it horribly wrong like many DCAs do

[coldwar]

I made the CCA request months ago, they did confirm receipt of it, then sent two letters saying they were in the process of retreiving it and offering settlement, they then simply went to the court without furnishing the CCA, and as stated have also ignored the recent letter I sent on ODC's advice...

[letsmakeamark]

Stephen hunter

Lowell group

Enterprise house

1 apex view

Leeds

Ls11 9bh

 

Write to this individual who is the legal director of lowell and its associated companies.

[Greenpea]

State in your defence that they have not complied with your requests for the info that you requested and ask that there claim be struck out.

[coldwar]

Thanks for the replys guys, I am thinking basically what Greenpea has said, on the basis that nobody can reasonably expect to receive money from someone without providing any evidence of anything..I could simply write to people saying they owe me money and demanding payment..

 

ODC> If your about mate, am I on the right track? Any input apreciated..

[coldwar]

Hi Guys

 

Was hopin to hear from ODC, but I guess he can't be on here 24 hours a day!. I submitted my defense. I basically ran through all of previous correspondence and confirmed to the court that no evidence whatsover for any debt has been provided by clowenells despite requests, and they have even at this point attempted to frustrate my defense..Tbh I dont see how the court can rule in their favour - if it does then they have a green light to simply demand money from people with evidencing that any legal debt exists or that they own it..Anyway wish me luck guys, your help has been much appreciated and I will let you know how I get on..

 

Cheers

 

Coldwar

[Greenpea]

I'm sure it will be struck out. Would wish you luck, but sure that you don't need it.

[babybear39]

Coldwar, you have my full support *hugs and best wishes* BB

[coldwar]

Update> got a letter from her majestys court, confirming recipt of my defense. It says they are serving clownells with a copy and that they may contact me to try and resolve any dispute (hows that gonna work when the shi** ignored my requests for evidence and took me to court!) - It then says if the dispute can't be resolved informally, the claimain will inform (why WILL, why not might?) the court that they wish to proceed. The court will then inform you of what will happen. Where they decide to proceed, the claimant must contact the court within 28 days after receiving a copy of the defense. After that period, the claim will be stayed. The only action the claimint can then take will be to apply for the judge for an order lifting the stay..

 

How drawn out..god knows where this is going..

 

Hope your all fighting the good fight!

 

Coldwar

[Greenpea]

I think that Lowell will just ignore, as i think that lowell are just trying it on hoping you didn't defend and that they would get a judgement against you.

Now that you have defended they will give up.

Sure you can get expenses against them if they do.

[coldwar]

Greenpea> when you say get expenses against them, do you mean that as a rule, I have to pay for the court costs of case they have started and lost, or do you mean expenses for what it has cost me to be sending correspondence etc..?

[RupertTheBear]

Coldwar - you have balls of steel.

It sounds like you've gone to the mattresses. Well done taking them on, you've got them by the short and curlys.

 

I'm am only starting to dispute my own debts with lowell They're so unprofessional.

 

Your thread has inspired me to defend my own position.

 

Best of luck with it - i will be watching your thread with interest.

[Greenpea]

Coldwar

Costs for every thing court, postage, time, etc. there's lots of threads on cag where memebers have defended and won the DCA's and have been awarded cost.

Have a search and see. I'm fairly new on hear and have read quite a few few threads where costs have been awarded. Have a look in the cabot threads.

[babybear39]

Litigant in person £9.25 per hour, research @ same rate (and we know how long it takes a layperson to research consumer law), travel, postage + stationary, stress to you and your family...Whatever you can think of...

[coldwar]

ahh ok, to be honest guys I just want an end to it. What I will do if I win is contact the orignal company and get the entry removed from file completely..Many thanks guys, will keep you posted.