Claimform - Lowell/carter - Halifax Credit Card 'debt'

[Chancerz]

That was a quick response! Thanks Dx

 

On time means tomorrow before 4pm due to xmas and boxing day as per andyorch. They still have not sent me CCA!

 

I've found a couple of defences i can use but not sure which one would work best for my situation!

[Chancerz]

Hi Guy's,

 

Ok so after sifting through loads more threads i think the correct defence for me to use is the below. I will file this tomorrow on the MCOL website before 4pm. Any advice and guidance would be appreciated…

 

Particulars of Claim:

 

1.The claimants claim is for the sum of £2700, being monies due from the defendant to the claimant under an agreement regulated by the consumer credit act 1974 between the defendant and HBOS PLC under account reference…..

 

2 And assigned to the claimant on 15/08/12, notice of which has been given to the defendant.

 

3.The defendant failed to maintain contractual repayment under the terms of the agreement and a default notice has been served which has not been complied with.

 

And the claimant claims £2700.

 

The claimant also claims statutory interest pursuant to S.69 of the county act 1984 at a rate of 8% per annum from the date of assignment of the agreement to date but limited to a maximum of 1 year and a maximum of 1000 amounting to £215

 

DEFENCE

 

1. Paragraph 1 is nether admitted or denied with regards to the Defendant entering in to an Agreement referred to in the Particulars of Claim ('the Agreement') the Claimant has yet to disclose any Agreement.

 

The Claimant has not responded to the defendants CCA Request section 78 sent on XXXXXXX…… and remains in default of said request,therefore is prevented from seeking any relief until such time they comply.

 

2. Paragraph 2 is denied I am unaware of any assignment nor ever received any Notice of Assignment pursuant to the Law and Property Act 1924.

 

3. Paragraph 3 is noted with regards to termination of the alleged contractual agreement ,again the Defendant has no knowledge of ever receiving a Default Notice or subsequent Notice of Arrears pursuant to the CCA1974 since any alleged default, the Claimant is placed to strict proof there of.

 

4. Therefore it is denied with regards to the Defendant owing any monies to the Claimant the claimant has failed to provide any evidence of assignment/balance/breach as requested by CPR 31. 14 and section 78 request and 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 Notice of Default/Default Notice and subsequent Notice of Arrears

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

 

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

 

6. 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.

 

7. 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

 

 

When filling this out on MCOL website, will i need to know exactly when the card was taken out, last payment date etc…?

 

Thanks a lot guy's!

CZ

Edited December 23, 2014 by Andyorch
Particulars added

[AndyOrch]

Have they only claimed partial monies as per your opening paragraph?

 

Andy

[Chancerz]

Hi Andy,

 

No, they are chasing the full amount… I will omit the partial monies part!! Thanks for going over it with your legal eagle eye

 

Does the rest seem ok?

[Chancerz]

Should i also mention that they did not respond to my CCA request if i don't receive it in the post in the morning?

[AndyOrch]

Yes you should and state that they are in default of said request and therefore prevented from from seeking any relief until such time they comply.

 

Your points 1 & 3 are repetitive and you have not responded to their point 2 ?

[Chancerz]

Should i respond to point 2 by stating that i was incarcerated on said date or state that i did not receive the assignment at all? any help with this would be appreciated.

 

Should i also replace point 1 with point 3 so as not to repeat myself?

 

And as a new point, state: "The Claimant has not responded to the defendants CCA request sent on…… and is in default of said request and therefore prevented from seeking any relief until such time they comply."

Thanks again for your support it is very much appreciated.

[dx100uk]

para 2 'not aware of any NOA'

 

 

1/3 yes

 

 

CCA yes.

 

 

dx

[Chancerz]

Sorry to be a bit green…! NOA = Notice of Assignment?

[AndyOrch]

Defence now corrected...please check ...edit to suit.

 

Andy

[Chancerz]

Thank you Andy and Dx, i really appreciate your time and support.

 

I will be submitting before 4pm today.

[Chancerz]

Defence submitted… I tried calling the court but got an answer phone message saying they were closed!

 

Hope the defence get's accepted!!

 

Thanks again for all your help, i will update accordingly.

 

Have a great Christmas and New Year

[Chancerz]

Happy 2015!!

 

Just a quick update

- I received acknowledgement from the court dated 29/Dec/14.

 

 

They say that the claimant may contact me directly to attempt to resolve any dispute

and if the dispute cannot be resolved informally, the claimant will inform the court (within 28 days) that he wished to proceed.

 

 

The court will then inform me of what will happen.

 

 

After the period of 28 days the claim will be stayed (not sure what this means?)

the only action the claimant can then take will be to apply to a judge for an order lifting the stay.

 

As advised previously to not have any contact with DCA.

 

 

What should i do if they contact me to "attempt to resolve the dispute"?

[AndyOrch]

Listen to what they have to say:-D

[Chancerz]

[Chancerz]

I have finally received a response from Bryan Farter which goes a little something like this:

 

We are writing to formally confirm our Client's intention to proceed with this matter.

 

We will send notification to the Court shortly but before we do so our Client is prepared to enter into negotiations to try and achieve a solution whereby both parties avoid further costs and expenses, and if necessary to mediate. The Court encourages this type of negotiation between parties.

 

Please contact our HELPFUL team on 0845xxxxxx to discuss how we can come to an arrangement by consent.

 

We recommend you seek independent legal advice.

 

We look forward to hearing from you

 

 

Seems like they know they do not have a strong case and are trying it on! I have still not received a response to CCA request and 31:14.

 

How should i proceed? Obviously i will not contact Farter!

 

Thanks in advance

[AndyOrch]

Olive branch...last role of the dice...but will they proceed?

[Chancerz]

I don't know! What should i do under these circumstances?

 

I was reading the "sticky" regarding mediation… Does that apply in my case?

[AndyOrch]

Mediation applies to all cases..I would advocate a least exploring what they are prepared to settle at...some have with a greatly reduced figure.

 

Andy

[Chancerz]

So, i should call them then? or would it be better to write to them so everything is documented?

 

Thanks again… I just want to make sure i am doing the right things in the right order

[AndyOrch]

I usually advise phone call ...that way they are unprepared and off script......if a figure could be amicably agreed then request conformation in writing.

[Chancerz]

Thanks again Andy.

 

The problem i've got is that i don't have any money so unless they agree to accepting a tenner then i guess it will proceed to court!

 

I am assuming that the defence i submitted at the end of last year will be used and I won't have to beef it up or add to it?

[AndyOrch]

Monthly payment plan...not a lump sum F&FS.

 

Andy

[Chancerz]

That could be an option however i do not have a regular income as i am unemployed at the moment. I will speak to them today to see what they offer and update accordingly.

 

My only gripe is that i do not recognise Lowells and never entered into a credit agreement with them which is why i don't really want to pay them anything. The credit card i took out was in early 2000's. I remember taking out PPI then being made redundant from my job and them not upholding the payment protection which put me in financial difficulty.

 

I am not sure how strong my case is in getting this debt quashed as this is the first time i am doing this. From your experience do you feel i have a good case?

[Old Cogger]

Lowells purchase debt albeit cheaply then chase for full amounts, they buy your agreement (Account) under law of property, once bought the contract is between you /them.