Lowell/cater claimform - cat 'debt'

[AndyOrch]

Okay I just checked my credit file online, it appears there is a default on the file from Lowell. I've got 2 days left to file a defence, any ideas on how to proceed with this? (if at all!).

 

 

Look at all the other threads surrounding yours...most contain defences.

 

They dont have to issue a claim to place a default marker on your CRA,s.

 

Andy

[Bedonde]

Thanks Andy.

 

What I mean is, I was relying on my defence being that I hadn't signed a credit agreement - but have now found out that as the debt was online and post 2007 it's as good as having signed one.

 

Thus, I'm not sure I actually have a defence?

[AndyOrch]

Well you still submit a defence....and put them to strict proof of disclosure...usually BC legs it for the hills at this point...if you dont its easy judgment for him.

[Bedonde]

Thanks again Andy, I will get on to that right away!

[Bedonde]

Okay I've taken this from a previous defence, and taken a bit out - not sure if it is correct if someone could please scan over it for me.

 

Just a reminder of the particulars of the claim :

 

This Claim is for £250 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 I ltd on 07/01/2013 and notice served pursuant to the law of property act 1925

 

particulars re : JD Williams

a/c number : >>>>>>>

 

and the claimant claims £250

 

the claimant also claims interesticon pursuant to s69 county courticon act 1984 from 07/01/2013 to date at 8% per annum amounting to 23.98

 

 

 

Here is the defence :

 

 

1. Paragraph 1 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.

 

2. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant the claimant.

 

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 Procedureicon 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 crediticon 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 believe that the facts stated in this claim are true.

[AndyOrch]

[Bedonde]

Submitted, will report back as soon as I hear anything! Fingers crossed.

[Bedonde]

Okay had a letter from Bryan Carter which aparently contains a copy of a letter saying

 

"The claimant wishes to proceed with the case" allegedly from the court

and also that I can sign and return a "Consent Order" for either monthly payments or full sum,

 

which they have also included in the envelope.

[AndyOrch]

Your decision Bedonde...do you wish to proceed or come to an agreement ? I certainly wouldn't pay the full amount.....offer a discounted amount as they do in their begging letters pre litigation.

 

Regards

 

Andy

[Bedonde]

Well I would offer a settlement, only thing I'd want query before doing so is if this document is legitimate.

 

I've had nothing from the court themselves,

 

everything is on Bryan Carter headed paper,

 

apart from the consent order (which is just on plain paper).

 

(i.e - the "copy" of the letter which mentions that the claimant wants to proceed"

 

is on Bryan Carter headed paper, but had nothing from the court itself).

[AndyOrch]

Well in that case everything hangs on the agreement and you decline their offer and proceed.

[Bedonde]

Thanks Andy, do I need to formally decline their offer or just literally leave it?

[AndyOrch]

Just keep it in abeyance

[Bedonde]

Okay thought I would just update this...

 

Got sent a "Notice of Proposed Allocation to the Small Claims Track" this morning. I have also received a "Directions Questionaire", of which some sections are barely legible due to it being a really bad photocopy.

 

Am I obliged to fill in this questionnaire? I'm not sure what to do next...

[Bedonde]

Ah I have just read I do need to fill it out, seems like an odd questionarre though....

[Ganymede]

You can print out a new directions questionnaire from the HMCTS website if you can't read the copy you have.

 

You must file the completed DQ with the Court and serve it on the Claimant's solicitor by the date on the Court order or you will face sanctions.

[Bedonde]

Okay thanks, I will get another printed. When you say "serve a copy"? - Do I just send a photocopy of my completed questionnaire to the Claimant's solicitor?

[Ganymede]

Yes. Keep a copy for yourself too.

[Bedonde]

Thanks again, just filling this out.. Tempted to go for mediation in this case and try and pay half the amount (if possible). Just think that at this late stage I don't really have much in my favour, as they have proceeded they obviously have the documents etc?

[AndyOrch]

All parties are expected to participate in mediation within the Small Claims Track...

 

Just because they have proceeded does not mean they have anything Bedonde...glad you are not my poker partner:madgrin:

[Bedonde]

Okay so just updating this.

 

The claim was allocated and I received a court order this morning. It says the claim has been deemed suitable for Small Claims Mediation and gives me details of how to contact them about mediation.

 

It also goes on to say the particulars of the order and a court date for December. So, do I contact for mediation or wait for the other party?

[AndyOrch]

You can contact them and then they will contact the claimant.

[Bedonde]

Unfortunately had a lot on my plate these last couple of months, so put this to one side - having read the forms again though, realised I only had 7 days for mediation from receipt of the court order.

 

My court date is late December, assuming I lose will I be given the option to pay this off monthly or is all at once the only option?

[AndyOrch]

Have you completed the court directions....submitted a Witness Statement and exchanged documents?

[Bedonde]

By directions, do you mean the bit highlighted in Black? If so, it only mentions the claimant. I have no documents to rely on and have not submitted a witness statement.