lowell/BW claimform - old monument card 'debt'

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(2-Viewing)-nbsp

[citizenB]

Angel, answer the questions in the link that was provided to you earlier. What we really need and as urgently as possible the date of issue of the claim so we can get your timeline sorted.

 

If you have missed the acknowledgment date then it is likely they will obtain a Judgment by default against you.

 

 

What is the Claim process?

 

The Claimant issues a Claim through the Claim Production Centre (CPC) - further details regarding the CPC can be found on the Bulk Centre web site. When the Claim form is sent, the Defendant has 14 days to respond to the Claim from the date of service (5 days after the date of issue) before judgment by default may be entered. This information can be found at the top of your Claim form.

 

If you send an Acknowledgment of Service, you then have 28 days after the date of service to send your Defence or Part Admission. If you agree to the full amount then complete the N9A form and send this directly to the Claimant. Submitting an admission response may result in Judgment being entered against you.

 

All of the above information can be found in your Claim pack.

 

5 + 14 + 14 = 33 ...not 34 simply submit earlier if in doubt...why leave it to the last date and risk.

[citizenB]

There is no point in someone else copy/pasting the template for you, because you will not be able to edit it for your responses !

[angel_1]

hiya all and good morning citizen

 

 

i have managed to get ack in so thats been confirmed received by court.

 

 

i was only asking if a template of the main questions was available but understand your reply.

 

 

I'm on my daughters apple laptop but I'm struggling to be as quick as my pc,,,

 

 

I've read the notes what to do next but

 

 

i will be back online in an hour and will use my pc and answer the questions on my thread here

and also understand the cca request and cpr letter are to be sent.

 

 

i am awaiting on credit files as not had upto date ones for over 5 years so can look at that too.

 

Also i was wondering any threads or points i need to look at re this claimant and their solicitors.

 

 

i will be back soon for now angel and thanks for the clear help so far x

[angel_1]

hiya all here is the info as much as i can give at the moment

 

Claim received dated 15 jan 15.....

 

 

. acknowledged by 3 Feb 15..... defence due by 4pm 16th feb

 

What the claim is for....

Particulars of claim -----

 

The claimant's claim is for the sum of 2,000.00

being monies due from the defendant the claimant under a non-regulated communications agreement

between the defendant and compucredit international servicing LLC

under account reference xxxxxxxxxxxxxxxx and

assigned to the claimant on the xx/xx/xxxx

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 a statutory interest pursuant to section 69 of the county courts act 1984

at a rate of 8.00% per annum (a daily rate of 0.41 from the date of assignment of the agreement

to xx/xx/xxxx being an amount of £100.00.

 

-----------

 

Value of claim - £2000.00

The claim is saying for a non regulated communications agreement.... i think its monument credit card account.

Entered into the agreement Before 2007.

It is the Debt purchaser they state assigned to them.

 

I cannot remember if i did get any notice of assignment.

 

Default notice - I may have received but again cannot remember.

If i have been receiving notice of default sums once a year,,,,this i do not believe that I have been.

I ceased payments as at the time of a lot of financial prbs started as was suffering with depression and was having financial problems.

 

I believe the last payment was in 2008 but will check later .

 

Was there andispute with original creditor that remains unresolved,,,,

i think i may have asked for the copy of the cca intone past and got some card info and they were saying this is a valid cca.

 

did i communicate with the original creditor and any attempt into a debt management plan.

 

 

.. i think from what i remember i did try to get my finances together

but i do not believe any legal debt management plan with any company was entered into

,,i tried to resolve by requestig cca and info andgoig to cab who helped me with a budget for myself way back 2007/2008.

 

ok so now I need to

 

1. send a cca to the claimant which is lowell portfolio 1 ltd

 

2. send a CPR 31.14 TO SOLICIOR ` who is the bw legal in the address for sending documents on the claim form.

 

i will wait until 4pm before i go offline incase i need to do anything else. cheers angel x

 

and

Edited February 4, 2015 by angel_1
am online til 4pm now

[angel_1]

hiya guys

 

 

just doing the cpr letter and comparing to one I did last year,,,, I have at the end of mine from last year the following

 

 

 

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

 

I=======

Should I leave it in or not,,,,, cheers angel x

Also,,,,,,noted on the particulars of the claim,,,,they are stating a non-regulated communications agreement.....

can I still cca them? im confused never seen this before.. but I will cos I think they have got this confused with something else,,,oops do they know what they are doing lol x.

 

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued.(1-Viewing)-nbsp

 

Angel, forget what you used before - there have been loads of changes so some might be out of date. Use the CPR request above ^^^^ to send to the solicitor.

 

Any other letters you might require you can find in the CAG library - green tab at top left of screen.

 

What the Hell is a non regulated communications agreement ?

[angel_1]

hiya citizen

 

 

yes thank you,,,, I have used yours as noticed lots of different changes compared to my earlier one,,,,so yes,,,,, and yes I think they have just copied and pasted from someone elses particulars of claim,,,will this go in my favour as will be asking for a cca anyway,,,, wink wink lol x

 

 

 

 

looking at other threads I think its to do with a mobile phone type of stuff,,,

[citizenB]

Righto.. so they might have got the PoC incorrect. That should slow them up a bit

 

Sadly you are dealing with Lowells and BW Legal. BW Legal will almost certainly send you a whingy response saying they don't have to provide anything (which in fairness, until ordered by the court, they don't) that is if he deigns to respond at all.

 

Seems daft to me, especially as at some point they are going to have to prove that the debt is yours and that it is owed.

Edited February 4, 2015 by citizenB

[angel_1]

are BW [part of Bryan Carter then? interesting.

 

 

So now I will look at other threads and see what I can find myself in my heap of paperwork as this one seems so long ago,,, I need to refresh myself what happened in the past.

 

 

thanks guys, will log off now anything I need to view as a matter of reading matter would love to have any links cheers and off to do dinner but will be back later angel x

[citizenB]

sorry angel.. I got muddled.. it is BW Legal you are dealing with and not Bryan Carter.. no, they are not connected in anyway. They are similar in attitude though

[dx100uk]

can we hold fire a bit

 

 

I humbly suggest this is an old broadband internet account not a credit card.

 

 

let me go check something.

 

 

dx

[dx100uk]

I knew it rang a bell

it was me

 

 

no it is monument card was my PBP stuff silly me

 

 

From digging around on the internet it looks like Monument was originally a subsidiary of Barclaycard. Monument's card business is registered in Leicester but it is adminstered by Compucredit in Milton Keynes.

 

COMPUCREDIT UK LIMITED

Registered Office: WITAN GATE HOUSE, 500 600 WITAN GATE WEST, MILTON KEYNES, BUCKINGHAMSHIRE

Principal Activities: DEBT MANAGEMENT SERVICES, SUB-SERVICING ARRANGEMENTWITH OUR US AFFILIATE, COMPUCREDIT INTERNATIONAL SERVICING CORPORATION(CCIS).

[theoldrouge]

http://www.consumeractiongroup.co.uk/forum/showthread.php?239332-Monument-Cca/page4

[theoldrouge]

note the faulty dn's, (nearly all were from around then) and of course the reply card cca's

[angel_1]

hiya all many thanks to the admin team for merging my threads

 

 

gosh i was right scary to think i remembered stuff from 2008,,,

 

 

,,so if my memory and what i wrote in the early part of the thread

 

 

i stopped payments in oct 2008....surely this is now possibly hold my breathe ....over 6 years and could it be statute barred?

 

that would be so cool but i could be not so lucky can i?

 

off to see what other info paperwork i can find in my garage,,,

 

 

, will wait for further info and advice please thanks angel x

[dx100uk]

yes looks like it

 

 

dx

[angel_1]

thank you dx100uk

 

 

ive been having a few unknown calls past few days not answered but will await my credit files and let you guys know if it is still showing on the files or not..

. if it is statute barred what are the options for me now pls?

 

will keep looking at other threads

 

cheers angel x

[citizenB]

If it is statute barred then the defence will quite simple.

 

Are you absolutely certain the last payment was made in October 2008 ?

[angel_1]

hiya citizenb well reading back to the begining of this thread where admin kindly merged it today, ,

 

 

quite honestly had forgot id ever started one on this monument query,

 

 

,,,it does say and

 

 

i recall around oct 2008 was possibly the last payment

 

 

but tomorrow going into my famous garage to locate paperwork re 2008 fingers crossed...

 

 

. will let u know tomorrow.

 

 

been a bit of a moment for me today..

 

 

..my past efforts may be helpful now.

 

 

cheers angel x

[DonkeyB]

Astonishing that a solicitor/claimant can issue such a ridiculous PoC...

[angel_1]

Astonishing that a solicitor/claimant can issue such a ridiculous PoC...

 

 

Thankyou DonkeyB..

.. i thought it looked strange..

how can it be to my benefit..

 

 

. no reply to cpr letter or cca request to date

 

 

..shall i send a second request of the cpr again

..and allow them a few more days .

.. due to my depression i dont feel confident to call them and speak on the phone at the moment ...

 

also looking at the start of the thread its a card document that was sent as a cca..

. previously so many years ago.

 

im still looking at old statement but pretty sure it was sept oct 2008 that last paid..

. but on credit files recently received the default date shows like since months after around middle of 2009.

 

I feel they havnt really got anything but i wish to proceed and put in a defence.

 

 

I hope to know from you all what really i need to do now today please

 

 

cheers and can i use the poc wording as part of my defence in my positive way...

 

got a meeting i need to attend but hope to be back by 4pm will log back in then

 

cheers for looking in DOnkey x angel

[DonkeyB]

Hello angel. It looks like Lowell are pursuing a lot of these probably-SB accounts through the courts at the moment. They will know that the default date is not necessarily the cause of action, but will cynically pretend so in order to frighten a lot of people into paying.

 

The golden rule is that you can ONLY answer the case put before you.

 

I think you could rightly simply defend on the basis that you know nothing of a non-regulated communications agreement taken out with said claimant, and put them to strict proof. For you to do anything else would be odd. They would then need to apply to amend their PoC, which would be inconvenient. As the CCA is not mentioned, I’m not sure of the use in asking for documents under the CCA. But you could ask for documents mentioned via CPR, but I doubt they would respond in time, if at all.

 

If you are absolutely sure the account is SB, I would play dumb and just answer what is put to you. Simply deny you have ever had a non-regulated communications agreement with the claimant, and put them to strict proof, and state that you will require the right to issue a further defence should the claimant attempt to amend the PoC.

 

The hit them with SB. At present, you can’t really claim SB as the PoC is pure sh1te.

 

But then I’m a Bolshie old git...

[DonkeyB]

One other thing to bear in mind. Monument’s default notices from 2008 might as well have been written on toilet paper, so defective were they.

 

Edit: Apologies theoldrouge, you already mentioned that! But very true.

[dx100uk]

angel

 

 

you don't need to ring them or send anything further to Lowell/BW

once you've sent CCA & CPR.

 

 

dunno where you are getting that from.

 

 

I'd file the SB defence regardless

 

 

you can do it now if you are happy it is SB'd

its for them to prove otherwise

whilst they try and fabricate [sorry find] the documents

 

 

...................

 

 

The following defence is all you need if it is SB

1 The Claimant's claim was issued on (insert date).

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation acticon 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

3 The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

Regards

 

 

nicked from andyorch.

 

 

dx