lowells notice for county court claim

[adtheladuk1]

lowells notice of intention to issue county court claim

 

hi guys

 

just recived the above . i have written a letter and need to know if its suitable .Please advice me further . Is it too harsh ?Are there things missing ?Anything to add further And what do i do from here .

 

thanks

 

I have just received a letter of notice of intention to issue a county court claim letter from you dated 17/03/08.

I have just received this letter which has not given me the timescale (3days) to get in touch with you. On the issue of contact, I sent you this letter (enclosed) 07/03/08 to which you have not replied. This was to discuss agreement.

If required, I will call the courts and request for the case to be put aside until you provide all the required documents that I asked for in previous letters.

All correspondence has been saved, prepared and ready to be challenged in court if need be. As you will see in the previous letter sent I have made an offer of payment.

If again this letter proceeds to be ignored or you choose not to agree to the settlement then please warn me of court proceedings far earlier than this letter was delivered so I can discuss with my solicitor and prepare my case.

Look forward to hearing from you

 

all help appreciated guys

[PossVox]

Hi,

 

You're in the right place to get some sound advice.

 

Could you give some more details about the debt? Do you dispute it? Have you been paying it? How old is it? etc.

 

When posting DO NOT put any account numbers or amounts owed etc. keep everything anonymous.

 

Someone more experienced than I will be then able to advise you better.

 

[adtheladuk1]

hi there .

by experian its £xxx , but according to lowells its £xxx. Its for a county court judgement back in 2002 (halifax card)and this is what is outstanding . I requested the history, they sent me application forms .

 

i sent a letter and proposed an agreement to which i have had no response .

 

my letter above is the one i want to send now , but need to know from you guys if its ok and no too threatening and will they proceed now with court as its been over the three days ?

 

thanks

[ODC]

Have they actually said they are issuing a County Court Claim or have they said as they usually do We MAY issue or We will be in a position to

If they have formally issued Court Proceedings send them this

 

Dear Sir/Madam,

 

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

[PossVox]

don't send the letter until one of the more experienced forum members has had a look at your situation.

 

It may be that your letter with an offer of payment and their letter which you just received have crossed in the post.

 

I sent Lowells/RED a CCA request 17 days ago and they never acknowledged it, just sent me a threatening letter instead!

 

Like I say, I realise you'll be feeling anxious, but you'll get some good advice soon... people on this forum have had plenty of experience with Lowells.

 

 

[PossVox]

There you go!

 

You have a TRUE Lowells expert on board now!

[adtheladuk1]

ODC - lowells notice of intention to issue county court claim . answer to your question .

 

i sent this letter to them to them two week ago and got intention to issue a county court claim today

 

With reference to the above agreement and outstanding I did request a original copy of a CCA to which you did not comply by sending me an application form with no prescribed terms .Also may I add from checks that the amount outstanding was £xxxx ,yet it is now £xxxx.

 

I am willing to sort this out with yourselves even though you have not provided evidence of the original debt (how much the debt was taken out for and when payments were made) .But also I want to know the reason why this amount has risen by £30.51.

 

I am willing to set up a standing order starting the date of xxxx, consisting of

1x £xxx

10x £xxx

1x £xxxor £xxx if there is a substantial reason as to why you had not complied with the above and why the charges had been placed.

 

I look forward to hearing from you with an agreement with your account details enclosed for standing order to be set up.

 

the agrement im offering is very good and if went to court i would proberbly get the payments down even less .

 

 

The question is the 3 days are up (only recived the letter today) . so will they now proceed with court ?

[adtheladuk1]

just to add they have stated that no further reminders will sent .

[Belaflat]

You stated earlier that this was as a result of a CCJ alteady issued.

If this is the case, they cannot get a 2nd judgement for the balance outstanding.

They can take other enforcement action such as attachment of earnings etc but a 2nd CCj for the same debt is a no no.

[adtheladuk1]

thanks for that .. i wouldnt mind im offering payment too .so why all the hassle .

 

one last thing i need to ask .

 

if a ccj has been actioned but has not been persued for payemnt in the 6 year term and is removed of your credit report, can it still be chased up by a dca ?

 

i have two that is up (6yrs)in may and oct will clear of experian .what would my future be regarding these 2 ccjs .

 

thanks

[ODC]

CCJs never go away. However it appears that Lowells are unaware that one exists for this debt. If they wanted to enforce it they would need to go back to the court.

 

I would certainly not be making Lowells an offer of payment until they produce a CCA for the debt

[adtheladuk1]

odc - they bought this debt from halfax in nov 07 (shows on experian). im 99% sure it was a ccj back in 2002 .

 

i requested a ccj ,but was sent application forms (the usual, no prescibed terms and so on )..

 

if it is a ccj - what do i do

if its not been ccj d - what do i do.

 

thanks

[ODC]

Your experian check should show if a CCJ was issued.

 

You have requested a CCA from Lowells and they have failed to provide one. They are the ones breaking the law.

 

Send them this

 

Dear Sirs,

 

 

Account no xxxxxxxxxxxxxx

ACCOUNT IN DISPUTE

 

 

Re: my request under the Consumer Credit Act 1974

 

 

Thank you for your letter dated **********, the contents of which are noted

 

You attention is drawn to the fact that this account is subject to a serious dispute. On xx/xx/2007 I requested ********supply me a copy of the credit agreement covering this account pursuant to the Consumer Credit Act 1974 section 78. To date ******** have failed to comply with my request and have totally ignored my written reminders sent via recorded delivery of this fact. Without production of the said agreement I am unable to assess if I am indeed liable for any alleged debt to you or *******, nor does it give me any chance to evaluate whether any original agreement was ‘properly executed’ as required by the Consumer Credit Act 1974

 

 

For the avoidance of any doubt I have included section 78(1) and 78(6) of the Consumer Credit Act 1974, which states…

 

78 Duty to give information to debtor under running-account credit agreement

(1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [£1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a) the state of the account, and

(b) the amount, if any, currently payable under the agreement by the debtor to the creditor, and

© the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

(6) If the creditor under an agreement fails to comply with subsection (1)—

(a) he is not entitled, while the default continues, to enforce the agreement; and

(b) if the default continues for one month he commits an offence.

 

 

 

Clearly as no agreement was supplied on request, this in no way complies with the requirements of the Consumer Credit Act 1974 and I now draw your attention to section 78 subsection 6 which states If the creditor under an agreement fails to comply with subsection (1) he is not entitled, while the default continues, to enforce the agreement;

 

Clearly this is a situation as described in s78(6) Consumer Credit Act 1974 and the debt is unenforceable at this time. In addition, I draw your attention to section 127 (3) Consumer Credit Act 1974 which states

 

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

This is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the consumer credit act 1974 the agreement cannot be enforced.

 

 

To clarify s61(1) states

 

(1)A regulated agreement is not properly executed unless—

 

(a) a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and

(b) the document embodies all the terms of the agreement, other than implied terms, and

© The document is, when presented or sent to the debtor or hirer for signature, in such a state that all its terms are readily legible

 

In addition the prescribed terms referred to in section 60 CCA1974 are contained in schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and are inter alia: - A term stating the credit limit or the manner in which it will be determined or that there is no credit limit, A term stating the rate of any interest on the credit to be provided under the agreement and A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following—

 

1.Number of repayments;

2.Amount of repayments;

3.Frequency and timing of repayments;

4.Dates of repayments;

5.The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable

 

 

Therefore based upon the Consumer Credit Act 1974 this debt as it stands is unenforceable and should this proceed to litigation, a court is precluded from making an enforcement order under section 127(3) unless a true copy of the signed agreement is produced..

 

At the point where this account entered into the default situation as described in s78 (6) CCA 1974 no other charges are allowed to be added until such time as ********* become compliant with my request. As ****** are still not in compliance with my request I insist that the following takes place with immediate effect

• All charges levied since ******** 2007 be removed from the account and further charges cease until such time as ******* comply fully with my original request or such time as a court makes an enforcement order
  
• All entries which refer to missed payments be removed from my credit file
  
• All collection activities by your company cease with immediate effect until ******** comply with my request from ********* 2007 or such time as a court makes an enforcement order

In addition, I draw your attention to the Office of Fair Trading’s guidance on debt collection

 

The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I have enclosed an excerpt from page 5 of the guidance which states

 

2.6 Examples of unfair practices are as follows:

 

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment

 

What I Require.

 

I require that you send me a true copy of the executed agreement as required by the Consumer Credit Act 1974. If you are unable to supply the requested documentation because no such agreement is in existence I require written clarification as such.

 

I require that you comply with my request within 7 days of the date of this letter. I will not correspond any further with you until I either receive a copy of the requested documents as laid down in section 78(1) CCA 74 or clarification that such agreement doesn’t exist. I am advised that should you persist in pursuing this debt ignoring the above information you will be in breach of the Administration of Justice Act 1970 section 40 as well

 

No other correspondence will be accepted

 

Should you attempt litigation it will be vigorously defended and the failure to supply documentation under the CCA 1974 is a complete defence to any legal action and your actions will be vexatious and unlawful

 

 

I trust this out lines the situation

 

Regards

[adtheladuk1]

ok that letter you supplied would be appropriate if its not a ccj , but if its a ccj then that wouldnt make a difference , like you say ccjs dont go away . am i right ?

[ODC]

Thats right. What makes you so sure you have a CCJ

[adtheladuk1]

im sure it was dealt with back in 2002 with northampton courts(deafulted then). now lowells have taken over the debt it does not state it on my experian report . so now i have no information regarding the debt at all and its history

 

im worried that they are to start a claim, this is the letter

 

TAKE NOTICE that legal proceedings are currently being prepared to be sent to court for service upon you .Should you want to avoid this happening you should contact us within the next 3days to arrange settlement of your debt

 

now this comes across that its not a ccj - so im a bit confused . also the letter ddint come till after 3days .so i cannot contact them in time . and when i do it will be by letter its well over the timescale .

[ODC]

TAKE NOTICE that legal proceedings are currently being prepared to be sent to court for service upon you .Should you want to avoid this happening you should contact us within the next 3days to arrange settlement of your debt

 

.

This is a standard threatomatic letter sent out by the Leeds Losers. They VANNOT take you to Court if they cannot produce a properly executed CCA Agreement. They know it and are banking on you not knowing that. They are in legal default of your CCA request and should NOT be persuining you for a debt that they are unable to substantiate.

 

You could try ringing Northampton Court to establish if there is an outstanding CCJ registered against you

[adtheladuk1]

will the courts be able to give me the info if i have no full reference for it (ref number) ? if i give them an estimated time of when it happened would they give me the info?

 

also can experian be able to retrieve the info , surley they must recognise what lowells took over .

 

thnks for the tip by the way , i will delete info straight away

[ODC]

I think if you give the Court your name, date of birth and the address you were living at they should be able to locate it

[adtheladuk1]

ok found that its not a CCj .

the situation now is that i requested a CCA and recieved a application form with no prescribed terms (30 days after it was signed for ).yet they have still persited in sending me letters .

 

whats concerning me is this

TAKE NOTICE that legal proceedings are currently being prepared to be sent to court for service upon you .Should you want to avoid this happening you should contact us within the next 3days to arrange settlement of your debt

 

and them saying that they are sending no more correspondence regarding this matter.

 

will they be taking me to court ? and will sending this template be too late ?

 

Account no xxxxxxxxxxxxxx

ACCOUNT IN DISPUTE

 

 

Re: my request under the Consumer Credit Act 1974

 

 

ad

[ODC]

They have failed miserably in your request for a CCA. Send them the letter above which I posted for you.

 

They are Idiots and a bit slow on the uptake

[adtheladuk1]

well heres an update for all those who read this and all i can say is just be patient and persistant . Thanks to all the guys and gals@ CAG for all your assistance and giving me the confidence to take these people on .In normal circumstances i would have cracked and gave in .

 

lowells/barcalycard - no cca

lowells/ cap 1 - letter to say they will leave me alone( not enforcable)

lowells/ halifax - no cca

 

just got two little small battles with AKTIV not sure on these ones, as one is for carpet world i think and dixons . if these are store issues are they the same proceedures as credit cards ?..can i CCA on these ?,they may even be SB as they are that long ago

 

ad

[ODC]

just got two little small battles with AKTIV not sure on these ones, as one is for carpet world i think and dixons . if these are store issues are they the same proceedures as credit cards ?..can i CCA on these ?,they may even be SB as they are that long ago

 

ad

If they are Credit Agreements then they are covered by the CCA