Lowell/ Northampton bulk

[clairejslo]

Hello

I have received court papers from Northampton county court bulk centre- the claimant being lowell for an old shop direct account

 

I am very worried about this as there was only 6 months left till it was statute barred

 

Now I'm not sure what to do, I obviously can't ignore this as I have previously ignored all contact lowell have tried to make with me including twice in 5 years a door step debt collector.

 

I've been advised on another forum to return the papers back to the court unfilled with a letter to say there is no case to answer to because lowell haven't provided me with proof that the assignee has the instrument of assignment and deed of notation and without these documents the claim is fraudulent.

 

I've never heard this before!

Edited July 20, 2013 by citizenB

[citizenB]

I would certainly not take the advice that you have been given by the other forum. Not unless you want to end up with a Judgment by default ??

 

Can you please let us know the following.

 

Date of issue - you will find this at the top right hand corner of the claim form.

 

Can you also let us know exactly what it says on the claim form - the reason they have issued the claim.

 

Once you have done that, we can help you draft requests for information/ documents.

[BRIGADIER2JCS]

I agree a very dangerous reply from elsewhere.

It does seem at present that Lowell have become very aware of the number of their accounts that are near to SB status of course the issue of a CC claim takes precedence.

 

I presume there has been no acknowledgment or payment made at all in the 5 years and 6 months that have elapsed.

 

Have you at any time made CCA requests to any DCAs or a SAR to the original creditor.

[clairejslo]

Issue date is the 15 July

The particulars of claim says-

By an agreement between the parties regulated by the consumer credit act 1974 shop direct the assignor agreed to provide goods supplied on credit to the defendant through littlewoods.

In breach of the agreement the defendant failed to make the required payments to the assignor. The assignor issued a default notice and the contract was subsequently terminated.

By an agreement in writing dated 27/06/2008 the assignor assigned the debt to the claimant

And the claimant claims

1. The sum of 2296.42

2. Interest pursuant to s69 of the county court act 1984 namely 925.11

 

 

So what exactly is an instrument of assignment and deed of notation?

[clairejslo]

I agree a very dangerous reply from elsewhere.

 

It does seem at present that Lowell have become very aware of the number of their accounts that are near to SB status of course the issue of a CC claim takes precedence.

 

 

 

I presume there has been no acknowledgment or payment made at all in the 5 years and 6 months that have elapsed.

 

 

 

Have you at any time made CCA requests to any DCAs or a SAR to the original creditor.

 

 

 

No I have made no contact at all and just buried my head in the sand :/

[citizenB]

Issue date is the 15 July

 

The particulars of claim says-

 

By an agreement between the parties regulated by the consumer credit act 1974 shop direct the assignor agreed to provide goods supplied on credit to the defendant through littlewoods.

In breach of the agreement the defendant failed to make the required payments to the assignor. The assignor issued a default notice and the contract was subsequently terminated.

By an agreement in writing dated 27/06/2008 the assignor assigned the debt to the claimant

And the claimant claims

1. The sum of 2296.42

2. Interest pursuant to s69 of the county court act 1984 namely 925.11

 

 

 

 

 

Ok, you have a timeline you need to adhere to.

 

Issue date - 15 July + 5 days for service = 20 July + 14 days to acknowledge service = 2 August + 14 days to submit defence = 16 August.

 

 

So what exactly is an instrument of assignment and deed of notation?

 

I am assuming they are referring to the "Deed" of assignment, which is a confidential document between the seller and the purchaser, which you have no hope of having sight of.

 

The Notice of Assignment is the letter you should have received from either the Original Creditor or the new owners, Lowells , when they purchased the debt. Did you receive that Notice ?

 

Did you receive a Default Notice from the Original Creditor prior to any sale / transfer of ownership taking place ?

 

Do you know exactly when you stopped making payments to the account ? More importantly, why did you cease the payments.

 

Was there any dispute in place with the original creditor and do you know if there were any default/penalty charges added to the account.

[clairejslo]

Ok, you have a timeline you need to adhere to.

 

 

 

Issue date - 15 July + 5 days for service = 20 July + 14 days to acknowledge service = 2 August + 14 days to submit defence = 16 August.

 

 

 

 

 

 

 

 

 

I am assuming they are referring to the "Deed" of assignment, which is a confidential document between the seller and the purchaser, which you have no hope of having sight of.

 

Oh right so not really relevant then!

The Notice of Assignment is the letter you should have received from either the Original Creditor or the new owners, Lowells , when they purchased the debt. Did you receive that Notice ?

 

Yes probably but I think I binned everything

Did you receive a Default Notice from the Original Creditor prior to any sale / transfer of ownership taking place ?

 

Yes I think I binned that too

 

 

Do you know exactly when you stopped making payments to the account ? More importantly, why did you cease the payments.

 

I think I stopped making payments in the April 2008 because we got into financial difficulties and stupidly thought if I ignored everything it would go away

Was there any dispute in place with the original creditor and do you know if there were any default/penalty charges added to the account.

 

There was probably some penalty charges added to the account but it was a 5 years ago so it hard to remember

[BRIGADIER2JCS]

The terms used relate to the sale (assignment) of the debt to Lowell with the beneficial rights to the account and the obligations set out in the original credit agreement.

[citizenB]

And the other questions.. did you receive the Notice of Assignment and Default Notices ?

[clairejslo]

And the other questions.. did you receive the Notice of Assignment and Default Notices ?

 

 

 

 

Yes I think I received all of those but probably binned all of them

I think I stopped making payments in the April of 2008 I think can't be sure tho!

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?388343-Capquest-amp-Northampton-Claim-form/page3&highlight=shop+direct

 

Have a read of the link above, like yours it was original a Shop Direct Account, but was purchased by a DCA. In post # 11 there is a CPR 31.14 request that you need to send to the solicitor mentioned on the claim form. You need to send it immediately in order to obtain the information mentioned in the claim form (stuff that you have binned).

 

There is also a draft defence that you might be able to adapt to your circumstances in post # 25. Do not simply copy and paste anything thing you find, you need to adapt it for your personal circumstances.

 

You have a choice.

 

You can make an arrangement to pay this you would have to complete the form that came with your bundle.

 

Partial or full acceptance of the debt will mean that you automatically receive a Judgment against you, which will be on your record for a further 6 years. Or if you have a good reason to, you could defend.

 

There is no certainty you would win, this is not a large claim so it would be dealt with either by mediation or small claims court and costs would be limited.

 

If you let us know what you want to do, we can advise further.

[dx100uk]

there s no harm here in phoning shop direct and asking when you made you last payment

 

even though it takes upto 40days

 

 

i'd send shop direct an sar too and get all the statements.

do it by recorded delivery today

 

dx

[clairejslo]

http://www.consumeractiongroup.co.uk/forum/showthread.php?388343-Capquest-amp-Northampton-Claim-form/page3&highlight=shop+direct

 

 

 

Have a read of the link above, like yours it was original a Shop Direct Account, but was purchased by a DCA. In post # 11 there is a CPR 31.14 request that you need to send to the solicitor mentioned on the claim form. You need to send it immediately in order to obtain the information mentioned in the claim form (stuff that you have binned).

 

 

 

There is also a draft defence that you might be able to adapt to your circumstances in post # 25. Do not simply copy and paste anything thing you find, you need to adapt it for your personal circumstances.

 

 

 

You have a choice.

 

 

 

You can make an arrangement to pay this you would have to complete the form that came with your bundle.

 

 

 

Partial or full acceptance of the debt will mean that you automatically receive a Judgment against you, which will be on your record for a further 6 years. Or if you have a good reason to, you could defend.

 

 

 

There is no certainty you would win, this is not a large claim so it would be dealt with either by mediation or small claims court and costs would be limited.

 

 

 

If you let us know what you want to do, we can advise further.

 

 

 

Ok I'll have a look!

Another 6 years is really quite upsetting as I'm only just now clearing up my credit record!

I would like to defend it but I'm not really sure how

[SWLABR9]

Was the advice from the other forum about a deed of notation or actually novation?

[clairejslo]

Was the advice from the other forum about a deed of notation or actually novation?

 

 

 

Novation sorry was my auto correct

[clairejslo]

hello just an update i sent the cpr 31.14 request but have had no responce so i have drafted a defence if you could take a look and tell me what you think will be great

 

Particulars of Claim :-

 

1.By an agreement between the parties regulated by the consumer credit act 1974 shop direct (the assignor) agreed to provide goods supplied on credit to the defendant through littlewoods

2.in breach of the Agreement the defendant failed to make the required payments to the assignor. The assignor issued a default notice and the contract was subsequently terminated.

3.By an agreement in writing dated 27/06/2008 the assignor assigned the debt to the claimant and the claimant claims.

1. The sum of 2,296.42

2. Interest pursuant to s69 of the county court act 1984 namely 925.11

 

DEFENCE

 

1. Paragraph 1 is accepted with regards to the Defendant entering in to an Agreement referred to in the Particulars of Claim ('the Agreement') with Shop Direct Financial Services

 

2. Paragraph 2 is denied with regards to termination of the alleged contractual Agreement having never received a Default Notice the Defendant has no knowledge, therefore the Claimant is placed to strict proof there of.

 

3. Paragraph 3 The defendant is unaware of any assignment or balance outstanding to the claimant. Part 2 is denied the Claimants are denied charging interest as they have failed to supply an annual Notice of Arrears pursuant to the CCA 2006 amendments.

 

The Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement with the Claimant having previously requested by way of a section 78 request to which they have failed to comply and remain in default; and

(b) show how and provide proof of a Default Notice/Termination Notice being served; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

3. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

4. 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.The Claimant/Assignee has failed to serve a Notice of Assignment

 

5. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.