Lowell CCJ claim form X 2*** Both Discontinued ***

[kalahari]

Hi,

 

I have had 2 court claim forms in the last month.

 

These claims were for credit cards, I was made redundant over a year ago and stopped paying them when the creditors could not supply me with CCAs, I'm not avoiding the debts but am of the mind that if you want me to pay you then prove I owe you. I needed to stop paying them to afford to keep my mortgage payments up to date.

 

Both of these claims appear to be bloated with charges to close to double their size.

 

Claim 1 issued 10th July. (Amount just over £900)

 

I first sent them an edited copy of this letter. (Recorded)

 

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) county court .

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

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. To date that request has not been fully complied with.

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

 

1: the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2: the assignment

 

3: statement of account or statements showing how the amount being claimed has accrued. This statement should include any default/penalty payments.

 

 

Although your claim is for a sum which is not more than £10,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise.

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully

 

I then defended the claim online using this defence.

 

1. It is admitted that I the defendant has held an account with Vanquis Bank in the past but will contend that this account is in dispute .

 

2. On the XXXXXXXXX the defendant made a request to Vanquis Bank under the Consumer Credit Act 1974, sections 77−79, to see a copy of any credit agreement and a statement of account. Vanquis Bank did not supply a copy of the agreement or a statement of account as required by law .

 

3. On the 16th June 2013 I requested information pertaining to this claim by way of a CPR 31.14 request. The claimant has declined to respond, or even acknowledge the request, within the deadline set.

 

4. Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears to be without merit. The defendant asks to be allowed to submit a complete defence should the claimant provide copies of the original documents he will rely on.

 

5. The particulars of claim are vague and unsubstantiated 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 or contract with the Claimant; and

 

b. show how the Defendant has reached the amount claimed for and

 

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

 

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

 

7. Furthermore, 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 and196 of the Law of Property Act 1925 and Section 82 (a) of the Consumer Credit Act 1974.

 

8. The claimant has failed to comply with sections 111 AND 1V of the pre action conduct "practice directions". The Claimant has failed to even acknowledge any request made by myself, via recorded delivery, regarding disclosure of documents in order that I may plead effectively.

 

9. 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.

 

I Received a reply from the solicitors on the 29th aug (Sharp young and pierce) That states....

 

We have written to the court that our client wishes to proceed in this matter, we envisage writing to you separately in respect of the claim.

 

I have not recieved any other documents at all from Lowells or their solicitors. Surely they are making it very hard for me to defend this claim?

 

Claim 2

 

Received 28th Aug, Bryan Carter Solicitors for just over £500.

 

I've not done anything with this one yet but will likely follow the same procedure as above.

 

My circumstances...

 

Made redundant twice in 2 years (Lucky arent I?) Currently unemployed, large family. Mortgage with about £20K negitive equity that I am only just managing to scrape together each month. Secured loan on my house covered by PPI till end of September. If these Claims are successful What will be likely to happen, I feel even just one CCJ will be impossible to pay as I have about £100 a month more outgoings than incomings come end of September.

 

So in sumarry.

 

Should I defend claim 2 as claim1.

Is Lowells really likely to continue with Claim 1 in court even though they have not sent me any documents and the account should be in dispute.

If one or more claim is successful what are the likely outcomes, CCJ, BR?

 

Are Lowells trying to push me to BR? Is that even an option bearing in mind the huge negitive equity in my house?

[BRIGADIER2JCS]

I Would expect LOWELL to continue.

As for Carter who is he acting for?

[kalahari]

Both claims are Lowells, one for aqua one for vanquis. Different solicitors for both though.

[AndyOrch]

We have another thread here Kalahari with 2 claims :- http://www.consumeractiongroup.co.uk/forum/showthread.php?401698-Lowell-Bryan-carter-started-court-proceedings(1-Viewing)-nbsp

 

Regards

 

Andy

[fkofilee]

Lowell yet again throwing their weight around.

 

If Lowell have failed to try an provide you with anything for your CCA Requests then im thinking the court may look down on this,

Have you received anything like a Statutory Demand for payment or any documents that say about Bankruptcy at all?

 

From recent threads... Lowells seem to like going for bankruptcy if the debt is above £750

[kalahari]

Have you received anything like a Statutory Demand for payment or any documents that say about Bankruptcy at all?

 

No nothing like that. But Ive read the threads on here hence my worries.

 

Does the court do a loyalty card, a free claim for every ten claims or mabye buy one get one free, something seems to have got Lowells court team busy.

[renegadeimp]

Lowells file claims en masse as 90% of them go through unchallenged. This is because most of the debts are lemon debt as they have combined and filed a claim against the total amount. Also, very few debtors actually know their legal rights and how to defend court action.

[kalahari]

Hi, what do you mean by combined, two separate debts moved into one claim?

[BRIGADIER2JCS]

As LOWELL own both accounts the can combine the amounts, they do this often to bring the debt above the £750 BR threshold.

[AndyOrch]

But these are not combined and are claimed seperatly so you need to defend both on a separate basis.

 

You have 33 days in total subject to your intended plea. 5 days deemed served so 28 ...14 to Acknowledge service (this an be done using the MCOL website) and if your intention is to defend another 14 to submit your defences.

I would advocate requesting information referred to in their Particulars by way of a CPR 31.14 request and also a separate section 77/78 request for both agreements.

 

Get the above away asap send recorded delivery and print name and keep an eye on your time line...its important not to miss the dates.

 

Regards

 

Andy

[kalahari]

With regards to my first claim they never responded to the cpr 31.14 request in any way so should I now be doing something with regards to this section from my first letter?

 

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

[AndyOrch]

Have you ever done section 77/78 requests for the agreements?

[kalahari]

I asked for copies of my CCA for each account last October. I sent a few off on the same day, these two never arrived.

 

I dont have a copy of the letters I sent but I took the template off this site and just edited in my details.

[renegadeimp]

Did you include the statutory payment? Were they cashed? Did you send the follow up non compliance notice?

[kalahari]

I included the payment dont know if it was cashed postal orders I believe. I did not send the non compliance, oops, guess I should have. That'll be why I'm in this situation I guess.

[renegadeimp]

.If you have the reciepts for the PO's, go to any post office or go online and check.

[kalahari]

Is there a letter template for non compliance of a cpr 31.14 request or other process I should be following?

[AndyOrch]

No because its not a requirement for them to comply...they will disclose at the relevant stage of the procedure...IE Standard Disclosure.

 

Regards

 

Andy

[kalahari]

No because its not a requirement for them to comply...they will disclose at the relevant stage of the procedure...IE Standard Disclosure.

 

Regards

 

Andy

 

When is standard disclosure? How do I even know that this money is owed to them in full if I cannot see the requested documents?

[AndyOrch]

After you submit your DQ,s

[kalahari]

Sorry, DQs?

[AndyOrch]

Directions Questionnaire :- http://mglegalsolutions.co.uk/sites/default/files/court/N180.pdf

 

To be completed by the parties to assist the court in deciding on allocation. It must be completed for cases in which a defence is submitted.

[kalahari]

Thanks, does this form get sent out to me?

 

I submitted defense via Moneyclaim and other than the letter I mentioned have had no other contact or official letters.

[AndyOrch]

Only if they wish to proceed otherwise the matter is stayed.

[kalahari]

I was just preparing my defense on the second claim to submit it and noticed that in the particulars of claim it does not mention a default notice being served on the account, is that important in any way?

 

In actual fact it appear by the way it is worded that they are claiming the amount twice.

 

This claim is for XX.XX the amount due under an agreement between the original creditor and the defendant to provide finance and / or services and / or goods.

 

This debt was assigned to / purchased by Lowell portfolio l ltd on xx/xx/2012 and notice served pursuant to the law of property act 1925

 

particulars

aqua

account XXXXXXXXXXXXXXXX

 

and the claimant claims XX.XX

 

The claimant also claims interest ..... at 8% ....ammounting to XX.XX etc etc

 

Is it just me or does the extra "and the claimant claims XX.XX" mean they have made a typo and asked for double the amount?