Court Claim Form Lowell/Carter - jd williams

[james2604]

Hi

 

My daughter received a claim form from lowell, we have acknowledged the claim form and sent a cpr31.14 request

 

The response received is "We confirm the Claim Form was issued by the County Court Business Centre and that the Court's Protol was followed when issuing the Claimant's Particulars of Claim. Practice Direction 7C point 1.4 (3A) eliminates the requirements to attach the documents to the "Particulars of Claim when they are issued by this Court."

 

Any advise as to what this means would be grateful

[SabreSheep]

HI there

Welcome to the forum.

 

Please visit this link and copy/paste the answers to the questions in here in order to allow people to advise you.

 

Regards

SS

[james2604]

Hi

 

Thank you, but can't see the link

[SabreSheep]

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

 

My bad

[james2604]

Name of the Claimant ? Lowell Portfolio I 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.*20th Mar 2015

 

 

What is the claim for – the reason they have issued the claim?* This claim is for 2072, the amount due under an agreement between the original creditor and the defendant to provide finance and /or services and/or goods. The debt was assigned to/purchased by Lowel Portfolio l Ltd on 27/03/2014 and notice served persuant to the law of property act 1925

 

The claimant also claims statutory interest persuant 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 one year and a maximum of 1000 amounting to 162

 

What is the value of the claim? £2235

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account?*Catalogue account

 

When did you enter into the original agreement before or after 2007? 2008

 

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.*Debt puchaser

 

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?*No

 

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

 

Why did you cease payments? Was out of country for 2 yrs

 

What was the date of your last payment? Oct 2012

 

Was there a dispute with the original creditor that remains unresolved?*Not aware of

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a*debt management*plan?* Did communicate financial problems didn't enter into any plan

Edited March 31, 2015 by Andyorch
Responses hi lighted.

[james2604]

Hi, hope someone can offer some advice.

 

We need to file a defence today with regards to this claim. Our defence is based on the fact that they have not complied to the CPR31.14 or the CCA request. Wondered if it was worth mentioning at this stage that the notice of assignment was supposedly served on 27/03/2014, my daughter was out of the country from Dec 2012 until Oct 2014, so we know it definately wasn't.

 

Any help/comments would be greatly appreciated

[james2604]

not long left to file defence - any help or advise, please!!

[james2604]

Hi can anyone advise - Have received a letter from BC Solicitors confirming their client intends to proceed however, they are prepared to enter into negotiations, I wondered if it was worth writing to them to advise would be happy to enter into negotiations on receipt of the information requested in the CRP31.14 as they have not responded to this nor the cca request.

 

I have also received the direction questionnaire - do I just tick yes to small claims track and mediation.

 

Thanks

[AndyOrch]

They dont need to respond to anything until the claim is actually allocated to track and progressing....hence the DQ.

 

Andy

[james2604]

Hi thanks for responding, sorry not replied sooner, work commitments took preference. Should I just send the DQ back ticking yes to small claims and mediation??

 

Thanks

[AndyOrch]

Yes and answering the rest of the questions...dont forget to serve a copy on the claimant.

[james2604]

Thanks, will they at some point have to send a statement and the other paperwork, as my daughter does not have anything, she has been out of the country for the last two years?

[AndyOrch]

Yes once the claim has been allocated and progressed to disclosure stage.

[james2604]

Thank you, I will get the DQ off with a copy to the claimant

[james2604]

Hi hope someone can advise. The hearing for this case is 12th oct, only realised today though that I should have delivered to the court and other party copies of all documents and witness statement no later than 14 days before the hearing. Has anyone any suggestions on what I should do, panicking now. Thanks

[shamrocker]

Has the claimant supplied a witness statement and any additional documents in support?

[james2604]

Hi thanks for replying, yes they have, not that's its worth the paper its written on. I was going to send mine off with an apology letter so at least the court are receiving it before the hearing, I am just bothered now that this error will go against me.

[AndyOrch]

You must file your WS and disclosure as soon as possible James...better late than not at all.

 

Andy

[shamrocker]

Hi thanks for replying, yes they have, not that's its worth the paper its written on. I was going to send mine off with an apology letter so at least the court are receiving it before the hearing, I am just bothered now that this error will go against me.

 

Is there any chance you could post a copy of their WS and other documents up for us to see? It would be interesting to see what they're basing their claim on.

 

If so, please remove/hide any identifiable information.

[james2604]

Hi can't attach docs till Mon when back at work. They just state the defendant entered into credit agreement and enclosed a copy of the reconstituted agreement I.e unsigned and not dated. They also sent a statement of account. A copy of the default notice and notice of assignment.

 

Not sure where to go from here feel like throwing the towel in as I did initially think I could defend it as no signed agreement but realise after reading other threads that this isn't a valid defence. The account was disputed with original creditor because of outrageous charges being added to the account, payments were being made but then charges and interest were added on which on some months were more than the amount paid. The notice of assignment was not received because my daughter was out of the country at the time which can be proved, but don't know if that'll wash. On going through the statement near enough the outstanding amount is interest and charges.

 

Know this isn't much to go on but am so stressed with it and having sleepless nights, but keep telling myself worse that can happen is it has to be paid.

[shamrocker]

The account was disputed with original creditor because of outrageous charges being added to the account, payments were being made but then charges and interest were added on which on some months were more than the amount paid. The notice of assignment was not received because my daughter was out of the country at the time which can be proved, but don't know if that'll wash. On going through the statement near enough the outstanding amount is interest and charges.

 

Therein lies your defence. Do you have a list of all charges and dates to hand?

[shamrocker]

Also... do you have copies of any written correspondence with regards the dispute?

[The Mould]

Oliver Foster-Burnell v Lloyds TSB, heard at Taunton County Court.

 

 

The above case confirms that any charges added to the account (overdraft) must reflect the actual damage caused to the bank in relation to the breach complained of.

 

 

Therefore, you (your daughter) must challenge the charges added to the overdraft facility provided by the bank in question and plead (in your skeleton argument) that such charges are excessive and disproportionate and therefore not recoverable at law and cite the above case which holds in your favour.

 

 

The above case is a County Court judgment and therefore does not set a precedent, however, your case is being heard in a County Court and therefore one County Court cannot contradict the judgment of another County Court judgment on the same issue and this is because both Courts are exercising parallel jurisdiction (the same principle applies to the High Court and all Divisions thereof).

 

 

Use the above case to your advantage in these proceedings as the same will significantly reduce your liability for the sum amount claimed.

 

 

 

Kind regards

 

 

The Mould

[james2604]

Thanks The Mould will look at that. Have gone through some figures shamrock

 

Goods with p&p is £1904.65

Interest is £1624.62

Charges is £300

Payments made is £1724.69

 

The charge dates are Mar "11 £12 x 2, Apr "11 £12, May "11 £12 x 2, June "11 £12 x 2, July "11 £12 x 2, Dec "11 £12 x 2, Jan "12 x 2, Feb "12 x 2, Mar "12 x 2, Dec "12 x 2, Jan "13 x 2, Feb " x 2 and Mar "13 £12 x 2.

 

Don't have any correspondence now relating to dispute, she was out the country for two years and had a clear out beforehand

[The Mould]

Based upon the above figures, 1,804.58 is owing.

 

The 300 in charges + the interest and any statutory interest added thereon should be subtracted from the 1,804.58 and this will provide you with the factual sum amount due and owed to the Claimant (creditor).

 

 

As regards the 12 pound charges, how did the Claimant (creditor) inform you of the same? i.e. did he send a specific letter to inform of these charges each time they were added to the account because of his breach complained of or did he inform of the same by way of his normal monthly statements? (the facts of this issue/element are important to your case against these charges)

 

 

Further, as regards your late service of your witness statement (“WS”), this is not a disaster. You should send a brief email to the Claimant (his instructed solicitors) and request if they are willing to accept service of your WS by way of email as you have unfortunately mis-calculated the time-scale for service of the same.

 

 

You should also send an email to the Court dealing with this claim and request if you can send your WS by way of email (for the same reason as above) and further state that filing and service of the same will not affect the trial window/hearing date and no prejudice has or will be caused to the Claimant in respect of the same.

 

 

You need to do this on the morrow (5 October) first thing in the morning, i.e. at 9:00 am.

 

 

Kind regards

 

 

The Mould