BW/Lowells Claimform for many merged debts - Help

[SPUDDER99]

Need some advice please,

 

 

had a county form come through saying i was going to be taken to court for a CCJ to be awarded against me.

 

 

I sent a defence back saying the claimants had not supplied me with any details of what the debts are for etc,

 

 

i did send a letter off asking for these details with a £1 p/o some months back but i've not received anything.

 

 

I've now had a letter saying they wish to proceed with the claim against me.

 

 

The court form which came did not state the debts individually on the details bit,

it just said that there were numerous debts they were claiming for against me.

 

How can i defend this when i don't know what the dents are and is their a problem with the court form because it didn't specify the debts or evens amounts?

 

Any help would be gratefully received as i don't need this right now

as i am on medication for depression along with high blood pressure.

[oleg]

Hello Spud

 

Could you kindly . . .

 

1 Supply the info requested in the following :

 

http://www.consumeractiongroup.co.uk/forum/showthread.php%3F419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014

 

and

 

2. Type out the defence you sent.

 

Who are the solicitors?

[SPUDDER99]

Oleg i will post the details later when at home, the link you put takes me to a missing persons page?

 

Andy - does that mean they can't roll the 3 debts into 1 single ccj application?

[dx100uk]

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

 

 

link repeated

[SPUDDER99]

Name of the Claimant ? Lowell Portfolio 1 Ltd

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 11 Aug 2014

What is the claim for – the reason they have issued the claim?

 

The claimant’s claim is for the sum of £xxxxxx.

The defendant entered into agreements with the numerous original creditors

(full particulars of which will be served upon the defendant under separate cover)

pursuant to which the defendant agreed to pay the original creditors for services and/or facilities provided to the defendant.

 

The defendant has breached its contractual payment obligations pursuant to the terms of the agreements,

 

 

in respect of which the original creditors have notified the defendant of the breach and made demand for payment.

 

The sums became payable in full following service of a default notice by the original creditors on various dates

and this being unsatisfied by the defendant.

 

 

Despite demand having been served upon the defendant the defendant has failed to settle his/her outstanding liabilities.

 

What is the value of the claim? xxxxxx

Is the claim for a current or credit/loan account or mobile phone account? Not known

When did you enter into the original agreement before or after 2007? Not known

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. Must have been assigned

Were you aware the account had been assigned – did you receive a Notice of Assignment? No

Did you receive a Default Notice from the original creditor? Not that I am aware of

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

Solicitors are BW Legal.

I'm aware that Lowell Portfolio 1 Ltd are part of the Lowell group but a separate company?

 

 

If so would everything that should have been received previosuly have been from Portfolio 1 Ltd and not the main lowell group?

 

I've now received a letter from them stating their clients intend to continue with the claim a

nd a copy of the same to the court.

 

 

Somehow the amount owing is now over £400 higher than on the original court form (after they had added heir costs on, so why the increase?)

 

 

Also on this letter they state the 3 creditors and their ref numbers but no amounts split between them.

 

I've previously asked for details of all debts months ago via the CCA1974 Section 77/78/79 request but have heard nothing.

 

My defence was received by the court on 11th Sept and

 

 

the letter received now saying they intend to continue is dated 14th Oct

- is there a time limit from the time my defence is received?

 

Sorry for the questions but with my health issues

(of which i have a signed doctors letter confirming them - should i send that to Bw legal?)

 

 

i'm slightly panicky!

 

 

[dx100uk]

post up your defence please

 

 

list what the debts were please and who with.

 

 

dx

[dx100uk]

so the claim is currently stayed then as the claimant hasn't provided any paperwork [CCA's?]

[SPUDDER99]

claim was put on hold because i submitted a defence, now they are going to continue their claim and try to blag that they have sent me the cca info i requested? The letter just received quotes Vanquis Bank, Shop Direct, and Home Retail Group Card Services as the creditors, no amounts against any of them just a combined balance.

 

I Do not admit the debt because

 

The debts may be statute barred

 

The creditors have failed when requested to provide any copies of

the agreement/statement of account under s77-79 CCA 1974

 

The creditor has failed to provide or serve a notice of assignment

of the alleged debts

 

The creditor has not provided a termination notice

 

The creditor has failed to serve with the statutory demand a copy

of any alleged agreements, statement of accounts, or default

notices

 

The debts are disputed due to a lack of any such agreements under

s77-79 CCA 1974

 

The creditors have failed when requested to provide any copies of

the agreement/statement of account under s77-79 CCA 1974

 

I am unaware of any legal assignment or Notice of Assignment

 

These alleged debts may have recently been chased by a third party

DCA for this debt for a totally different amount, which should not

happen per OFT debt collection rules

 

As per Civil Procedure Rule 16.5(4), it is expected that the

Claimant prove the allegation that the money is owed.

 

The demand was issued in breach of OFT debt Collection guidelines

section 3.7 N, as a debt collection ploy where it has not been

proven or ascertain if the claimant is entitled to enforce the

alleged debt or that the defendant is liable for it

 

There has been non compliance with an s78 request.

 

The particulars of the claim are very vague (no original creditors

are listed or named, neither are amounts, no assigned dates,

default dates, etc) and unsubstantiated with regards to the

Defendant owing any monies to the Claimant and the Claimant is put

to strict proof to (no particulars received under separate cover

as specified)

 

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

 

As per Civil Procedure Rule 16.5(4), it is expected that the

Claimant prove the allegation that the money is owed.

[AndyOrch]

Have you received a Directions Questionnaire yet SPUDDER ?

 

Andy

[SPUDDER99]

No, all i have had is the original court claim form which i acknowledged and then submitted a defence on 11th Sept, heard nothing else until now i've just had a letter dated 14th oct to say they intend to continue with the claim

[AndyOrch]

Well if they do continue you will receive the above...until then sit tight.

 

Andy

[SPUDDER99]

Directions Questionnaire received today (small claims tack)

[AndyOrch]

Complete it and return it by the date stated...yes to mediation the rest is self explanatory.

 

Andy

[SPUDDER99]

Mediation this week

[AndyOrch]

Take a peek here Spudders

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?433406-Alternative-Dispute-Resolution-(Mediation)

 

Remember follow the line of your defence...nothing committal...let the mediator and claimant lead.

 

Andy

[SPUDDER99]

Ok thanks Andy, will stick to the main points and see what they suggest/come back with. I'll update you after it.

 

One other thing i have now received a letter saying they are now asking the original creditors for the information i have requested in my defence, but say they cannot comply with the time limit to provide it.

[AndyOrch]

Thats their problem...they issued the claim.

[SPUDDER99]

Just so i know where i stand - they can't comply with the time limit to provide the information, so what does that mean for the claim they issued, does it mean the claim can still go ahead?

[AndyOrch]

Yes but they will have to disclose at the appropriate time in the process ...when the court directs them to disclose.

[SPUDDER99]

Well Mediation has been and gone.

 

 

they wanted the full amount and would not offer any reduction even for full payment within 7 days.

 

 

Explained i have been waiting for ages for information regarding these amounts etc,

 

 

they claimed they had sent it months ago?!

 

 

Asked them if they had proof of postage which they didn't.

 

 

They let slip to mediator that they have paperwork for 2 of the amounts but nothing they could send me for the 3rd,

that made me suspicious whether they hold anything at all.

 

 

The mediator said they were refusing to budge or provide anything to me and

the mediator said he was very angry with them over this.

 

 

we now stand at the point where they are going to provide me with details of everything they hold for these amounts,

 

 

and we go from there.

[AndyOrch]

They dont have anything to disclose ...its bluff...proceed with your claim directions.

 

Andy