lowell/overdale claimform - old Shop Direct CAT debt - Now Wiped out by my Court Charges Reclaim **WON**

[Ftgab19]

Thanks Andy

 

I've been reading other people's claims and a lot seem to get dropped because of Lowell not having the right documents. I don't think I should bother with a CCA because I've already sent one to Lowell and got one back a few months ago.

 

I've not found any claims yet that was a counterclaim. Is the plan to get Lowell to discontinue, then take Littlewoods to court over the fees?

 

Andrew

[AndyOrch]

Just do the CPR 31.14 then...that was what I was referring to.You wont see many counter claims because the bulk of claims are by assignee (DCA).....so yes you deal with Littlewoods separately

[Ftgab19]

Ok thanks Andy for clearing that up.

 

In my request should I only ask for the assignment and the default notice? Because they are the only documents the POC says.

 

Thanks

Andrew

[AndyOrch]

Ok thanks Andy for clearing that up.

 

In my request should I only ask for the assignment and the default notice? Because they are the only documents the POC says.

 

Thanks

Andrew

 

Correct.

[Ftgab19]

Thanks again Andy

 

Should I also delete the following paragraph?

 

"Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored]"

 

Because even though I did send Lowell a CCA it was a few months before they issued a claim. Also BW Legal rang my mobile today wanting to speak to me. I said "I'm not up for talking bye" do I have to speak to them on the phone or can it all be done in writing?

 

Andrew

[AndyOrch]

No I would retain it...unless they did comply ?

 

With regards to phone calls its entirely your choice and what you feel comfortable with....as the matter is now litigated there is very little they can say or ask to alter things...they may welll want to offer a deal or meditate,the key is should anything be decided by telephone that affects the claim directly then always ask for it to be put in writing afterwards.

 

Courts encourage any attempts to mediate during proceedings....by whatever methods.

 

Regards

 

Andy

[Ftgab19]

Thank you for your quick reply Andy.

 

I did received a credit agreement that I don't remember seeing when signing up to Littlewoods. But I did sign up in 2010 so I guess it doesn't really matter when they can just reinstruct the agreement.

 

I've had a look back through the posts to see how I got the CCA and it looks like Littlewoods sent it because of my LBA. I can't find anything in my records or in the posts to suggest that I sent a CCA to Lowell.

 

So should I sent a CCA and if I do should I leave the paragraph about the CCA out of the CPR request? Because I'll be sending the CCA and CPR requests at the same time.

 

And I don't want to speak on the phone, I want time to digests there questions so I can come up with a proper response. Should I sent a second letter to BW Legal to tell them I want everything in writing?

 

Thanks

Andrew

[AndyOrch]

Yes if you are sending a separate section 78 request ...delete that from the CPR 31.14

[Ftgab19]

Ok thanks Andy, do I need to pay a £1 or something with the CPR request or is that just for CCA? And also I am right in sending the CPR to BW Legal not Lowell?

 

Thanks

Andrew

[AndyOrch]

Ok thanks Andy, do I need to pay a £1 or something with the CPR request or is that just for CCA? And also I am right in sending the CPR to BW Legal not Lowell?

 

Thanks

Andrew

 

£1 for the CCA ...CPR is free.....CCA to Lowell CPR to BW

[Ftgab19]

Thanks again Andy, I know I've been asking a lot of questions and I do appreciate your answers.

 

I'll get them both printed and hopefully sent off today, should be able to get to the post office in time. I guess after there sent its just read, read and read some more until they reply. Any chance you could suggest some claims that I should read from the site to help me further understand my case.

 

Andrew

[AndyOrch]

Your very welcome.....

 

You will find a plethora of threads that finished successfully in the follow forum:-

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-Legal-Successes

[Ftgab19]

Hi everyone,

 

Just an update, I've not been on here in awhile due to family issues with my granddad. He recently needed to go into hospital and has been in over the last 9 days.

 

Seeing as the clock is ticking and the cancer scary is over, I can now focus on my defence and will be posting it for approval hopefully in the next few days. I just want to first look over the successful claims so I have an understanding of how my defence should read.

 

Updating on recent events with BW Legal.

 

They have send me two letters since I sent out my CCA and CPR requests. The first one dated the 16/09/2015 is just telling me again that they have issued legal proceedings against me and if I don't reply by the 30/09/2015 they will enter a CCJ against me.

 

There second letter dated the 17/09/2015 is in reply to my CPR request I assume as it reads as follows.

 

(Dear Sir

 

We write with reference to the above matter and in response to your letter dated 16/09/2015.

 

We confirm we have received your request for the documentation and we have referred your request to our client. Our client may have to refer your request to your Original Creditor. Accordingly, the documentation will be forwarded to you upon receipt.

 

We will seek to ensure that the information you have requested is provided as soon as possible, however this is contingent on receiving the documentation from your Original Creditor.

 

Should you have any queries please contact our offices on ...........)

 

As of today I have still not received any documentation from BW Legal or Lowell, BW Legal signed for my request on the 17/09/2015 and Lowell signed on the 19/09/2015. Am I right in thinking that BW Legal have failed the CPR request and I'm to put that in my defence?

 

Many Thanks

Andrew

[dx100uk]

2 std letters no need to ack them at all

 

 

you defence will be the std holding/no paperwork one

available in many threads that andy posted the link for above

 

 

dx

[Ftgab19]

Hi all again

 

Think I've finally got my defence sorted. I will post it below, please let me know if I need to change anything.

 

Thanks

Andrew

 

 

POC.

1.The Claimant's Claim is for the sum of £292.95 being monies due from the Defendant to the Claimant under a Home Shopping agreement regulated by the Consumer Credit Act 1974 between the Defendant and Shop Direct Finance Company Limited under account reference 00000000 and assigned to the Claimant on 04/02/2015 notice of which has been given to the Defendant.

 

2.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.

 

3.The claim also includes statutory interest pursuant to section 69 of the County Courts Act 1984 at the rate of 8.00% per annum (a daily rate of £0.06 from the date of assignment of the agreement to 06/09/2015 being an amount of £12.90.

 

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 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.

 

3. The Claimant has failed to provide any evidence of assignment/balance/breach as requested by CPR 31.14 by first class post on September 16th 2015. The defendant has received no reply to the request. Furthermore, a request was made pursuant to the CCA 1974 section 78 on September 17th 2015 by first class post and as at this date the claimant has failed to comply and is therefore in default of the said request:

 

Therefore with the court's 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.

 

4. As per Civil Procedure 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.

 

5. 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.

[dx100uk]

Your no 2 ...one or the other not both.

 

I'd use the I have held accounts with the OC XXX but do not recognise this account

 

Rest is OK.

[Ftgab19]

Hi dx

 

Sorry wasn't sure if you use both or not. So am I right in saying I need to start with number 2 and delete 1? And where would I put that I've held accounts with OC but don't recognise this account?

 

Thanks

Andrew

[dx100uk]

Here is a recent Cat defence that Andyorch drafted for another poster

which was successful in the claim remaining stayed.

You will have to edit slightly to suit and add your requests for CCA /CPR ect.....

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

 

Defence

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.

1 .Paragraph 1 is noted. I have had an agreement in the past with Shop Direct but do not recognise the account number referred to by the claimant.

2 .Paragraph 2 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served over 3 years ago.

On the 1st April 2015 ( sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. The claimant has failed to date to respond to the CPR and remains in default of the section 78 request.

3.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, 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

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

4.As per Civil Procedure Rule 16.5(4), 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 crediticon 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.

Regards

Andy

***************

 

 

nicked from andy

[Ftgab19]

Thanks dx

 

I've updated my defence below, do I need to leave in the POC when submitting the defence?

 

Andrew

POC.

1.The Claimant's Claim is for the sum of £292.95 being monies due from the Defendant to the Claimant under a Home Shopping agreement regulated by the Consumer Credit Act 1974 between the Defendant and Shop Direct Finance Company Limited under account reference 00000000 and assigned to the Claimant on 04/02/2015 notice of which has been given to the Defendant.

 

2.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.

 

3.The claim also includes statutory interest pursuant to section 69 of the County Courts Act 1984 at the rate of 8.00% per annum (a daily rate of £0.06 from the date of assignment of the agreement to 06/09/2015 being an amount of £12.90.

Defence

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.

 

1. Paragraph 1 is noted. I have had an agreement in the past with Shop Direct but do not recognise the account number referred to by the claimant.

 

2. Paragraph 2 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served over 7 months ago. On the 16th and 17th September 2015 ( sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. The claimant has failed to date to respond to the CPR and remains in default of the section 78 request.

 

3. 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, 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

 

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

 

4.As per Civil Procedure Rule 16.5(4), 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 crediticon 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.

[dx100uk]

no bit in red is for your ref only^^^^

 

 

dx

[Ftgab19]

Ok thanks dx

 

I'll post my defence now and keep this post updated

 

Andrew

[Ftgab19]

Am I making a counterclaim at this stage? Just going though the steps of submitting a defence.

 

Thanks

Andrew

[AndyOrch]

No

[Ftgab19]

Ok thanks dx and Andy

 

I've submitted my defence now, I'll keep this post updated.

 

Andrew

[Ftgab19]

Hi everyone I've had some letters recently from the court and BW Legal.

 

The first letter was from the court dated the 5th October acknowledging my defence and informing me that they will tell me if BW Legal wishes to proceed with the case.

 

I then got the second letter dated 26 October from BW Legal telling me they wish to proceed with attached correspondence that they sent to court.

 

The final letter from the court dated the 28 October was a Notice of Proposed Allocation to the Small Claims Track. I would like to know what to do next, I don't want to talk to them on the phone like the Notice of Proposed Allocation to the Small Claims Track suggest. I would prefer to do mediation in writing.

 

I've attached the letters below.

 

Thanks

Andrew