carter/lowells claimform - JDW shoe tailor cat debt*** Claim Dismissed***

[MarcyKerry]

Hi

 

this is for an old Shoe Tailor account from Dec 2004.

 

I've checked my credit record and it's showing Lowells default date 4 January 2012.

 

I have had no letter of intent from the Solicitors?

 

I have made payments to this debt so pretty sure it is not statute barred.

 

It has been to lots of different DCAs.

 

I have now entered into a Debt Management Plan and Lowell have more than one account with me and do know this.

 

I had passed accounts to Stepchange, which i informed all creditors of.

 

Having checked my email I only put reference for the other account i have with them in the email

i sent them notifying them of my move to Stepchange.

 

I believe I last paid this account on the 23rd December 2014.

 

The particulars of the claim are:

The claim is for 3352.20 the amount due under an agreement between the original creditor and the defendant to provide finance and/or services and/or goods.

 

The debt was assigned to/purchased by Lowell Portfolio Ltd on 20/12/2012 and notice served pursuant to the law of property act 1925.

 

re: JD Williams account.

 

 

What do I do now?

 

As its a catalogue I'm guessing they wont have nor need a signed agreement?

 

Also I can only see 12 months of my record on my credit file

but believe this debt has become more than double the original value i had with Williams originally

as although i was making payments they charged me more than my payments.

[MarcyKerry]

Just to mention, Stepchange have not paid them yet as they are awaiting 1 final account number for an unrelated debt.

[MarcyKerry]

Sorry for the panic. I'm guessing they wouldn't have sold the debt on if they thought they could enforce it?

 

 

Breathing slowly..

[AndyOrch]

Hi Marcy and welcome to CAG.

 

If you type Lowell into the search bar top right in the grey strip under the CAG logo and this will reveal a plethora of threads of others in the same scenario as your self...just follow a thread most similar to yours and subscribe and follow the instructions they have already been advised.

 

Anything you are not sure about just post here and I will pop in to clarify anything

 

Regards

 

Andy

[dx100uk]

have you done the CCA request to lowells

and the cpr 31:14 yet?

if not do so.

 

don't bother writing to carter he just messes around.

 

on a PS I hope you've done this with all your debts through stepchange [a cca request]?

they wont bother to ever check they are legit/

 

dx

[MarcyKerry]

I'm assuming the CPR goes to carter? Re Stepchange no I haven't should I get them all out now or is it too late?

[MarcyKerry]

The majority of these are payday loans I got in a mess with. I've already having problems with wageday and memcapital

[dx100uk]

unsually we WOULD say send to the claimants solicitor [CCA/CPR]

 

HOWEVER, if you read a few carter threrds of recent

 

all he does is sends a std response wasting your time

hoping you'll throw the towel in.

 

send them to LOWELLS.

 

as for step change

 

yes get a CCA request to everyone being paid thru the DMP

though PDLs or bank accounts aren't really worth it.

 

you say you've issues with PDLS

 

theres a payday loan forum here

you might find it useful to start a thread on each one there.

 

the guys are very good on that forum

 

dx

[MarcyKerry]

Thanks heading over to pdloans section

[MarcyKerry]

Hi, A couple of Qs as I'm getting different info:

 

1) at what point were digital signatures available/ catalogues became enforceable without a physical signed agreement?

 

The reason I ask is National debt line advised April 07? My account was opened in 2004.

 

2) why would my original debt not appear on my credit report for this?

It's only showing Lowell,

to the best oft know I defaulted on this account back in 2006 .

my report show default issued by Lowell's oddly in 2012 but no history passed 2013 at all ?

 

Can I default twice?

 

Why no record before April 2013?

 

I've sent a SAR to williams also will they still hold records??

[MarcyKerry]

Ooh!!

You know I said I contacted all creditors?

 

Found one for Bryan Carter.

I told them I was paying them money and quoted reference

and as I had not heard from them please could they confirm why I was paying them and any account numbers.

 

They replyed on 18th fen as follows:

 

Dear xxxxxxx

 

We are no longer instructed in this matter.

 

If you need further assistance pin this matter please contact our client at the following address:

 

JD Williams/Reliable Collections

Martin House

23 Hunts Bank

MANCHESTER

M3 1AX

 

 

Yours Sincerely

 

Bryan Carter Solicitors LLP

11 De Havilland Drive, Weybridge, Surrey KT13 0YP Tel: 0845 219 8686 Fax: 0845 223 5656

e-mail: [email protected]

 

Members: Bryan F Carter,Ian Marsden, Mary Kelly

Associate: Katharine Smith

Authorised and regulated by the Solicitors Regulation Authority.

Bryan Carter Solicitors LLP is a limited liability partnership registered in England & Wales with Registered number: OC351865.

Registered Office: 11 De Havilland Drive, Weybridge, Surrey

 

hmmm so how can they them start court claim for this??

[MarcyKerry]

proper foul play here me thinks this stinks!!

[dx100uk]

Hi, A couple of Qs as I'm getting different info:

 

1) at what point were digital signatures available/ catalogues became enforceable without a physical signed agreement?

 

The reason I ask is National debt line advised April 07? My account was opened in 2004.

 

2) why would my original debt not appear on my credit report for this?

It's only showing Lowell,

to the best oft know I defaulted on this account back in 2006 .

my report show default issued by Lowell's oddly in 2012 but no history passed 2013 at all ?

 

Can I default twice?

 

Why no record before April 2013?

 

I've sent a SAR to williams also will they still hold records??

 

when you debt is sold

the new owners name replaces that of the original creditor

they WILL need a signed agreement to win I suspect.

 

await your CPR/CCA returns

 

JDW SAR very good idea

 

dx

[MarcyKerry]

Sent SAR to JD WIlliams whom have aknowledge however no response as yet.

 

 

Sent CCA to lowells - no acknowledgement or anything.

 

 

Sent CPR to Lowells and to Bryan Carters.

 

 

Got what looks like a standard response from Bryan carters declining to send me anything.

Lowells again not responded,

I will double check recorded delivery info later today when I get home,

however this was sent on 5th March.

 

As mentioned above,

I did email BCarters who told me they no longer are dealing with this debt and to contact JD Williams on 18th Feb.

They then seemed to quickly issue a claim to an alternative address

- claim date 26 on form February.

Think they were trying for a CCJ by default.

 

 

I now need to submit my defence

- I've been working on this and will submit shortly for advice.

Is it usual for Lowells not to respond?

[MarcyKerry]

Particulars of Claim:

The particulars of the claim are:

 

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

 

The debt was assigned to/purchased by Lowell Portfolio Ltd on 20/12/2012 and notice served pursuant to the law of property act 1925.

 

Note: default on my account shows against lowell debt on the 4th January 2012 - does this contradict the above???

Defence

 

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

2. I contacted Bryan Carter prior to this claim requesting information on alleged debt who responded on 18th February 2014 stating they were no longer instructed in this matter and to contact their client JD Williams/Reliable Collections. - should I include this? if so is it worded correctly?

3. I have contacted JD Williams, whom I was informed by Bryan Carter was the original creditor, from whom the debt was assigned by to clarify matters by way of full details of how this claim is made up via a SAR on 5th March 2014 by registered 1st Class Royal Mail post, who have acknowledged the request and I am now awaiting response.

 

4.The claim is denied with regards to an amount due under an agreement.The Claimant/Solicitor has refused to disclose any agreement or statements on which its claim relies upon.

 

3. On receipt of this claim I requested information pertaining to this alleged debt from the Claimant by way of a CPR 31.14. Bryan Carter Solicitors' response stated they will not comply and that its based on a simple contract which I should have in my possession.

4. A CCA request was sent to Lowell Portfolio I, by 1st class recorded delivery using royal mail postal service on the 5th March 2014 and thus far they have failed to respond.

 

Therefore with the courts permission the Claimant is put to strict proof to:

 

(a) show and disclose how the Defendant has entered into an agreement; and

 

(b) show and disclose how the Claimant has reached the amount claimed for;

 

© show how the agreement was legally terminated to allow the claimant relief.

 

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

 

4. As per Civil Procedureicon Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed.

 

5. 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.

 

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

 

 

 

[MarcyKerry]

OK checked - was sent on 2nd March not 5th.

[MarcyKerry]

Is the above ok? Should I raise point 2. Can anyone advise?

[AndyOrch]

I personally would remove 2/3 Marcy..the above defence is one of mine and drafted as to to put the claimant to strict proof to disclose.

All defences should start with either....... I accept... I admit... or I deny... I refute

 

The points you have added add no value or merit to the defence and should be retained for later in the process.

 

Regards

 

Andy

[MarcyKerry]

Thanks Andy. I've just checked and the piggin CCA sent to Lowells seems to be lost in transit!! The tracking still showing drop off and no delivery !! Argghhh,, I can send a new one today and will go post office now, not sure how this effects defences??? :S

[AndyOrch]

You could send a further request it has no effect on the defence ...the fact that you have made a request is suffice.

[MarcyKerry]

Ta. I'm submitting now.

[AndyOrch]

Dont forget to print off your receipt as proof of submission.

[MarcyKerry]

received what looks like,

viewing other forums,

 

a standard reply from Bryan Carters.

 

One is a copy addressed to court stating they wish to proceed.

 

The second is worded as follows:

 

Please see attached copy of letter sent to the court confirming that the claimant wishes to proceed with the Claim at this time.

 

The claimant agrees in principle to mediation.

 

We should also be greatful to hear from you in relation to without prejudice negotiations and you may contact us on (telephone number).

 

Should i contact them???

 

Or await papers from court?

[AndyOrch]

Its your choice Marcy...if you feel you can proceed to trial and present the defence in court you ignore.....if mediation is of interest in ending it now then you approach them...possibly by Consent/Tomlin Order.

 

Regards

 

Andy

[MarcyKerry]

RE SAR from JDW.

 

Got this through. Includes along list of charges and payments and lots of page saying "no details available"

 

I have attached a summary of the main details.

 

They've provided the balance of my account when passed to these- going to check payments in bank to see if sum in POC is correct. I'm a little shocked at the sum of the account assuming this is all charges?

 

Any advice or help with Math would be appreciated!!

 

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