Lowell/BW legal - old cat 'debt'

[John_DebtFree]

I have received court papers from Northampton county court bulk centre. The claimant being lowell for an old catalogue debt, although im not sure.

 

Account opened: July 2007

Last payment: August 2010

Date defaulted: Feb 2010 & July 2010 ?

Original amount: £650

 

With costs and interest, the total is now over a thousand!

 

Papers were issued on 27th Jan so I have acknowledged with the court and asked for an extra 14 days. I have used the template letters to ask for more information under a cpr 31.14 request, i think that this is correct from reading other threads.

 

My main worry is that the information wont come back quickly enough to build a defence and respond.

 

If anyone can please help, I would very much appreciate it.

[John_DebtFree]

Sorry if I am inpatient but if anyone can please advise it would mean a lot.

 

I promise that I will make a donation to the site next friday.

[Ganymede]

Have you heard anything back yet?

 

If you don't have the paperwork back you'll still have to submit waht some people call a "holding Defence."

[John_DebtFree]

Hello Ganymede, thanks for the reply it is very appreciated.

 

I sent a CPR31.14 reuest and an SAR request with a cheque for £10 (not cashed), they signed for it over 2 weeks ago and I have heard nothing.

 

I have started reading up on similar cases and looking at a holding defence which I plan to do online tomorrow as I feel they have had enough time and I dont wish to risk them getting default judgement.

[AndyOrch]

If you could type up the particulars of claim (verbatim less any identifiable data) and the intended holding defence John before you submit for checking.

 

Regards

 

Andy

[John_DebtFree]

The court papers read as follows, I think its fairly standard:

 

1.The Claimant's claim is for the sum of XXX being monies due from the Defendant to the Claimant under a mail order agreement regulated by the CCA 1974 between the Defendant and Shop Direct Finance Company Limited.

 

2.Under account reference XXXX and assigned to the claimant on xx/xx/2011 notice of which has been given to the Defendant.

The Defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with.

 

The claim also includes statutory interest pursuant to section 69 of the county courts Act 1984 at a rate of 8% per annum ( a daily rate of 0.13) from the date of assignment of the agreement to the date of issue( xx/01/2014) being an amount of XXX.

 

I was planning to send this as my defence:

Defence

1. I,xxx am the Defendant in this action and make the following

statement as my defence to the claim made by XXXX.

 

2.The claimants particulars of claim are vague and fail to

disclose any cause of action, they appear to be an abuse of the

process in that they fail to deal with the basic rules of pleading

in accordance with the CPR.

 

3.Even making allowance for the Northampton Bulk Regime the claim

fails to disclose sufficient information as required by the CPR,

there is no reference to any account number, no date of alleged

agreement, no date of alleged default or details of any default

notice served in accordance with s87 (1) Consumer Credit Act 1974,

the claim is missing vital information.

 

4. Without admission that any cause of action is shown by the

Claimant it is denied that the Claimant has a claim whether as

pleaded or at all.

 

5. No documents supporting the claims in the particulars have been

offered which the defendant needs to establish what agreement it

is that this action is based upon

 

6. Without clarification of the claimants claim, the defendant is

extremely disadvantaged and the claimant’s claim appears without

merit

 

7. On xx/xx/xx the Defendant submitted requests under CPR31.14 rules

via First Class Recorded Delivery for copies of the agreements,

copies of all statements since inception of the accounts and copies

of the default notice and termination notices, in order to assess

if the sum claimed is accurate and any other documentation that

the Claimant is relying upon in pursuit of this claim.

The claimant did not respond and still has not disclosed said

information.

 

8.Further to above the defendant is unable to plead to the Particulars.

of Claim effectively or at all. The defendant is embarrassed.

 

9. I respectfully ask the permission of the court to amend this defence when the

Claimant provides full disclosure of the requested documents.

 

 

Statement of Truth

 

I, xxx believe the above statement to be true and factual.

 

I really appreciate all of the help and as promised I will donate a small amount towards the site today.

[AndyOrch]

Thats quite an old holding defence John...which in effect does not put the claimant to strict proof and prom point 2 onwards has no merit nor CPR compliant.

 

We would prefer you use the following...edit to suit and if you have requested any information from the claimant pre defence then add that also (CPR 31.14/CCA request)

 

 

####Defence####

 

1. It is neither admitted or denied with regards to the defendant entering into an agreement referred to in the Particulars of Claim (‘the Agreement’) the Claimant has yet to disclose any such agreement or clarify any alleged debt.

 

2. It is denied with regards to the Defendant owing any monies to the Claimant the claimant has failed to provide any evidence of assignment/balance/breach as requested by CPR 31. 14 and 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; 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, 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.

 

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.

 

 

I have numbered the particulars in your post above...make sure points 1/2 tie in with your responses in the defence.

 

Regards

 

Andy

[John_DebtFree]

I am very surprised that my CPR request have been basically ignored. I suppose it is all about profit!

 

All done, just have to wait now. Many thanks to everyone especially andyorch and Ganymede.

[John_DebtFree]

I have now received a letter which states that the are intending to proceed with this claim and that they have informed the court of their intentions.

 

Do I sit tight and wait now or should I be pushing for them to fulfil my request for more details?

[AndyOrch]

Sit and wait for the next stage...if they are as good as their word your DQ should be winging its way as we speak.

[John_DebtFree]

Hello and thank you all for your help so far.

 

As andyorch said, I have received a copy of a Directions Questionnaire completed by someone at BW Legal.

 

I have read other similar cases on here and I think that the court will be request that I complete a similar form soon.

[AndyOrch]

No need to think the court will request..... both parties must complete a DQ and submit it by the date stated by the court.

 

Have you not received yours yet?

 

Andy

[John_DebtFree]

No need to think the court will request..... both parties must complete a DQ and submit it by the date stated by the court.

 

Have you not received yours yet?

 

Andy

 

You are right, mine has arrived today. They were very quick off the mark with theirs!

[John_DebtFree]

Thank you all for your help so far.

 

On friday, I received a letter from the court inviting me to phone and book a mediation session. They are very busy and I have a date on the 20th. Im reading up on this but not sure what to expect.

 

I am still in the dark on this, my cpr 31.14 is almost 4 months old - should I follow this up or do a request for information under the dpa?

[dx100uk]

yes if you've never sent he claimant a CCA request

then send one

[AndyOrch]

Still follow the time table even though you are participating in mediation.