CCJ Help Please

[Gallopingcarrot]

I was issued with a CCJ dated 3rd Feb 2014.

 

I did not recognise this debt so applied for time on the moneyclaim website (which I can not now log into)

 

I wrote to the relevant solicitors requesting a copy of the Credit Agreement sent on 13th Feb.

(I understand they have a certain amount of time to respond to this)

 

.they wrote on 17th to acknowledge this

 

I hear nothing until 23rd April (after I emailed them) saying

they will forward copies as soon as they have them as they have to contact the original creditor.

 

I am not sure what to do now?

 

have they breached the timescale?

 

Do I need to contact the court?

 

Any help would be very welcome.

 

thanks

[dx100uk]

please fill this out

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**(1-Viewing)-nbsp

 

dx

[Gallopingcarrot]

Thanks for your reply...Apologies for being a bit thick but...is it the wording in red you need? or is it a form attached I need to complete...do I just post it here...or message it? thanks

[dx100uk]

answer the questions

s

post it here

 

dx

[Gallopingcarrot]

Name of the Claimant ? Lowell Portfolio Ltd

 

Documents Address : BW Legal (this is where I sent CCA request)

 

Date of issue : 03 Feb 2014

 

particulars of claim :

The Claimants Claim is for the sum of 900.61

being monies due from the defendant to the claimant under a credit/store card agreement

regulated by the consumer credit act 1974 between the defendant and HBOS PLC.

Under account ref xxxxetc and assigned to the claimant on 30/06/2013

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 8.00% per annum (a daily rate of 0.16) from the date of assignment

of the agreement to the date of issue (29/01/2014) being an amount of 34.24

 

Has the claimant included section 69*interest*(8%)

within the total claim or is it shown separate within the Particulars but not added to the debt?*

 

See above within claim section.

 

Is the claim for a current or credit/loan account or mobile phone account?* No

 

When did you enter into the original agreement before or after 2007? Cant remember

 

Has the claim been issued by the original creditor or was the account assigned

and it is the Debt purchaser who has issued the claim.* Dont know

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?* Dont know

 

Did you receive a Default Notice from the original creditor?* Dont know

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?* Dont know

 

Why did you cease payments:-* I had money problems a while back when the mortgage interest rates went up.

 

Was there a dispute with the original creditor that remains unresolved?* I dont think so.

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a*debt managementplan?* ? Im not sure...

 

Sorry...there is a lot of this I dont know..I am very grateful for your help. thanks

Edited April 28, 2014 by citizenB

[dx100uk]

did you ack the claim?

 

I would suggest going by the dates

 

you now have a CCJ by default

 

phone the court and ask for the state of the claim.

 

that will be why you cannot log in

 

they sneaked a default judgement in whilst keeping you attention away from the court date

 

dx

[Gallopingcarrot]

OK will give them a call. I applied for a time and said I was defending the claim? is it too late then?...Im now number 14 in the queue to speak to someone :/

[Gallopingcarrot]

I have just been told by court that the only thing they have is acknowledgement of service from me and nothing else...ie from them...so he said I should get my defence in asap...?

[theoldrouge]

so has a judgement been entered? If so you will need to apply to setaside the judgement, you will have to apply on form N244 + fee of £155

[Andyorch]

I have just been told by court that the only thing they have is acknowledgement of service from me and nothing else...ie from them...so he said I should get my defence in asap...?

 

Yes.

[citizenB]

If the date of issue was 3 February your timeline should have been as follows :

 

Issue date 03.02.2014 + 5 days for service = 07.02.2014 + 14 days to acknowledge = 21.02.2014 + 14 days to submit defence = 07.03.2014

 

Although if the court has said you can submit your defence, I would get one in as soon as possible.

[Gallopingcarrot]

Thanks, I don't know where to start re writing a defence... which is really only based on them not providing the credit agreement and that I have no clue what this debt is for? Is there a template for this? thanks

[theoldrouge]

Did you send a cpr31.14 request to the claimants sols for the docs mentioned in the poc?

(agreement, default notice notice of assignment,statement of ac)

or do you have any of the originals?

 

If your ac was opened before 6/4/2007,

 

failure to comply with your cca request would be especially relevant,

 

they would need to reply anyway as s78(6) would still apply

[Gallopingcarrot]

Hi, I don't have any paperwork at all...below is the letter I sent.. I think taken from this site?? Im also not sure about the dates ie before 2007?

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request; the provisions of s.77 (6) will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5 (2), 3(b),6 and 7 of the*ConsumerProtection From Unfair Trading*Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

I look forward to hearing from you.

 

Yours faithfully

[theoldrouge]

yes so due to non compliance with your request s78(6) will form part of your defence

you need to submit asap before they enter a ccj which you would then have to set aside.

 

You should also request via cpr 31.14(letter in library) to the claimants sols the docs mentioned in the poc.

 

There are plenty of defences with no docs on these threads,

 

have a read, post up a suitably edited one to suit your circumstances to be checked,

 

include non compliance to your cca request in your defence.

[Gallopingcarrot]

Thanks for your help...I will get the 31.14 letter off asap...I am a bit lost with the defence, but know its urgent and I was told I can email this direct to the court? I paste below defence...is this suitable for my needs? thanks

 

DEFENCE

1. I , ADDRESS HERE) am the defendant in this action and make the following statement as my*defence*to the claim made by LOWELL PORTFOLIO 1 LTD.

 

2. Except where otherwise mentioned in this*defence, I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof.

 

3. 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*Civil Procedure*rules. (Even allowing for the constraints of the bulk issue system)

 

4. No documents supporting the claim in the particulars have been offered nor have any dates of agreement been stated which the defendant needs to establish what agreement it is that this action is based upon and so the claimant's claim appears without merit.

 

5. As a result, the claim as pleaded does not contain sufficient particulars to permit me to file a properly particularised and pleaded*defence. I am at a disadvantage to respond to this claim and to allow me to properly respond to the claim.

 

6. It is denied that I have an agreement with LOWELL PORTFOLIO 1 LTD.

 

7. If, which is not admitted, such an agreement exists, the precise terms and date of any such agreement are not admitted. I do not have in my possession any such agreement and am not therefore able to comment thereon. The Claimant is put to strict proof as to the date and terms of such agreement.

 

8. Without admission that any cause of action is shown by the Claimant it is denied that I am indebted to the Claimant as alleged or at all.

 

9. If the Claimant is the Assignee and there has been an Assignment, the Claimant fails to plead as such and it is contended that no such Notice of Assignment pursuant to the LoP Act 1925 as ever been received. Without a Notice of Assignment, the Assignment is merely equitable and the Claimant is put to strict proof to disclose this and proof that this claim can commence in their own name.*

 

AND the Defendant

 

Seeks an order that the Claimant’s action is struck out or otherwise is*dismissed*on the grounds that any claim cannot succeed.

 

Alternatively if the court decides not to strike out the Claimant’s case, it is requested that the court orders full disclosure of the requested documents pursuant to the civil procedure Rules.*

 

The Defendant respectfully asks the permission of the court to amend this*defence*if or when the Claimant provides full disclosure of the requested documents and allows inspection of the original documents.

 

Statement of Truth

I believe that the facts stated in this*defence*are true.

 

Signed

 

Me

Defendant

[theoldrouge]

dont forget the agreement that you are admitting or denying was with HBOS, Lowell are only the claimant (para 6), so not really suitable. I would suggest that you find a more suitable defence, then edit to suit on the facts that you do know. Then bring forward the poc along with your defence and pm andyorch to take a look at your proposed defence

[steampowered]

Do they actually have a CCJ (i.e. a court order that you pay the money)? If yes you'd need to formally apply to have it set aside.

[Andyorch]

I have just been told by court that the only thing they have is acknowledgement of service from me and nothing else...ie from them...so he said I should get my defence in asap...?

 

Do they actually have a CCJ (i.e. a court order that you pay the money)? If yes you'd need to formally apply to have it set aside.

 

No judgment to set a side SP

 

Andy

[Gallopingcarrot]

Hi, I messaged andyorch with my defence etc...but not heard anything yet? can anyone else help me with my defence? thanks

dont forget the agreement that you are admitting or denying was with HBOS, Lowell are only the claimant (para 6), so not really suitable. I would suggest that you find a more suitable defence, then edit to suit on the facts that you do know. Then bring forward the poc along with your defence and pm andyorch to take a look at your proposed defence

[Andyorch]

HI apologies for the delay in replying...

 

Here is an HBOS defence to a Lowell claim that you can edit to suit....

 

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. Paragraph 1 is noted. I have in the past had financial dealings with HBOS .

 

 

3.Paragraph 2 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served last year from either the Claimant or HBOS.

 

4.It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14,and a section 78 request therefore 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

© evidence any breach and service of a Default Notice

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

 

5. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77/78 for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have failed to comply to my section 77/78 request and remain in default and with regards to my CPR 31.14 request have stated that they are under no obligation to disclose any documentation on which their claim is based.

 

 

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

 

7. 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.

 

 

8. 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.

 

Regards

 

Andy

[Gallopingcarrot]

Many thanks Andy, will sort this today.

[Andyorch]

I have just made one addition

[Gallopingcarrot]

Do I include this last para..

 

AND the Defendant

Seeks an order that the Claimant’s action is struck out or otherwise is*dismissed*on the grounds that any claim cannot succeed.

 

Alternatively if the court decides not to strike out the Claimant’s case, it is requested that the court orders full disclosure of the requested documents pursuant to the civil procedure Rules.*

The Defendant respectfully asks the permission of the court to amend this*defence*if or when the Claimant provides full disclosure of the requested documents and allows inspection of the original documents.

Statement of Truth

I believe that the facts stated in this*defence*are true.

[Andyorch]

No because its nonsensical:

 

If you sre submitting on line it does not require the statement of truth