lowell/Carter claimform - old cap1 'debt'***Claim Struck Out***

[AndyOrch]

Were you aware the account had been assigned – did you receive a Notice of Assignment? - I BELIEVE SO

 

Did you receive a Default Notice from the original creditor? - YES

 

2. Paragraph 2 is denied. the Defendant has no knowledge of any legal assignment, having never been served any Notice of Assignment from either the original creditor or the claimant pursuant to the Law of Property Act 1925.

 

3. Paragraph 3 is denied. The Defendant has never been served a Default Notice pursuant to the CCA1974 .

 

 

Think you need to rethink/reword the above.

 

Andy

[AndyOrch]

Its his standard response...which you would see on every other BC thread.Mediation will be offered by the court if the claim progresses....direct mediation with BC is his last role of the dice before discontinuing.

 

"We are writing to formally confirm our Clients intention to proceed with this matter."

 

See if they do.

[AndyOrch]

That will be the directions questionnaire N180

[AndyOrch]

Not really...just complete the N180...yes to mediation yes to small claims track...the rest is self explanatory...file with court by the date stated and serve a copy on the claimant.

[AndyOrch]

Entering into a Tomlin Order does not signify any admittance to the debt....simply agreeing to stay the claim and make a payment arrangement thus avoiding further costs and a possible CCJ.

 

Andy

[AndyOrch]

Not really defeatist.....it all depends on a few factors...whether to gamble and proceed or shelf it by way of a Consent Order

 

How strong is their claim ?

Age of the agreement?

Have they disclosed the agreement?

How good is your defence?

Which Claimant and Solicitor?

Value of the claim?

 

Subject to the above points.....and your answers...you will have decided yourself whether its worth contemplating a Tomlin Order.

 

Regards

 

Andy

[AndyOrch]

All of this as an aside, what about the PPIicon/unlawful charges? Do I just ignore this element to the account and if so why

 

The PPI can be used should you get to mediation or agreeing a Tomlin Order as leverage......or alternatively you could issue a counterclaim but only if you have done all the necessary groundwork first and it has been vetted as miss old PPI first. (FOS /FCA etc)

 

As for the unfair charges ...you may struggle to attain any benefit or reduction from that.

[AndyOrch]

Yes that's one of my defences ...know it well:-)

[AndyOrch]

Financial Ombudsman Service (FOS) for the PPI...but it can be a slow process and wont assist at this stage...as a counter claim should have been submitted with your defence (this is called a Part 20 claim)...to submit a CC afterwards or during proceedings you would have to make application to the courts with fee.

 

I really cant say whether they would be able to push through on the paperwork already provided...different courts...difference quality of District Judge...but if they have enough paperwork ..statements and default notice and and assignment...the court on the balance of probabilities could/would most probably allow judgment.

 

So plenty of variables to consider.....relying on the claimant to throw the towel in or the paperwork will not cut it can be a gamble.....entering into a Tomlin Order will stop the claim avoid the judgment and possibly costs and put you back to pre claim....but you would have to pay the debt as agreed in the Tomlin Order...which after all is your debt and the reason we are were we are now... because you stopped paying (for what ever reason).

 

Regards

 

Andy

[AndyOrch]

Im not saying that at all ...simply giving you different variables of what can happen...as you requested my advice.

 

I personally wouldn't entertain making a Counter claim on the PPI as the debt has been assigned...simply stating the procedure as you asked me about PPI /unfair charges...yes I would use it in mediation Tomlin Order.

 

Simply pointing out all the variables in assisting you to decide whether to entertain a Tomlin Order...all my posts explain all the different scenarios that can happen...impossible to state what will happen.

[AndyOrch]

You could do absolutely nothing and the claim is stayed never to be heard of again...another scenario

[AndyOrch]

Cap 1 are still responsible for the miss selling of PPI and any separate claim could be issued against them or the FoS would deal with them direct.

 

Alternatively the PPI may be used as leverage in a Tomlin Order/Mediation...depends on how good you negotiate...as Lowell dont want the hassel and could agree a reduction just to get some kind of return.

 

I can understand your confusion but as advisers we all have have are own take on how to deal with claim and deal differently subject to who the claimant is and more importantly which Solicitor is acting..thats why we need to know who what when.

 

It is possible to issue a counter claim against Lowell on the PPI by bringing Cap 1 in as a third party to the counter claim...its complicated and can be messy and costly...so that is why you was probably advised not to consider a Counter claim in the first instance.

[AndyOrch]

So...its good that your defence has been followed by the Court and suitable directions have been issued...I assume this is a General Order or is it the Notice of Allocation?

 

No they do not have to to provide proof by way of registered post re the NoA...normal delivery is acceptable.

 

It is now as you state whether the Court will accept what they disclose as valid or invalid...we will see.

 

Andy

[AndyOrch]

Right you are.....so you have not received Notice of Allocation as yet but the court is ordering disclosure before it proceeds...which is good.Whether it is accepted or not and if so you will have opportunity to challenge later into the process....(on receipt of the Notice of Allocation should it get to that stage)

[AndyOrch]

Not if you have not received the Notice of Allocation...which contains the directions and time table...this is pre allocation disclosure...which is quite rare...but useful.

[AndyOrch]

That was the N180 (Directions Questionnaire) which you submitted ....

[AndyOrch]

Not appeal as such...challenge as (if) the claim proceeds (allocated) as stated this is quite rare to order pre allocation disclosure...so the court could strike this out before it even starts.

[AndyOrch]

He doesn't like banks by the sound of things

 

Handy to know...which Court:lol:

[AndyOrch]

What have they stated in their witness statement?

[AndyOrch]

Stick to your contention that it is statute barred...no payments/acknowledgment made after April 2009...tell the court the £1 payments were for various section CCA 78 requests to Cap 1 and other DCAs...If you can prove its statute barred and can show the court your requests...the rest is irrelevant...application form included.

[AndyOrch]

Thanks Andy,

 

I'm just going through all my paperwork and making copies of anything relevant that I may have sent them.

 

Fingers Crossed!

 

I assume you filed a witness statement in response to the claimants?

[AndyOrch]

I have made a statement to the court reference my belief that the debt is statute barred - is that what you mean?

 

I have done so and the court/judge has filed my statement awaiting the hearing.

 

so your disclosure will support your claim that they were CCA requests...not credits to the account.

[AndyOrch]

Following the courts directions....to submit a witness statement and disclose all documents that you wish to rely upon..........as per your Notice of Allocation?

[AndyOrch]

Then you have done your disclosure...which you should have disclosed copies of the CCA requests...proving that the £1 payments in connection to said requests.

[AndyOrch]

Sure send me a PM