Lowell/Carter Claim Form - JD Williams

[hounded]

Hi all, this is the first time I have have posted on here and really could do with some advice.

 

I have received a claim form from the Northampton CCBC on 26th September

and as of yet have not been online to, acknowledge this but I intend to defend in full as I have no recollection of this debt.

 

Name of claimant: Lowell Portfolio I Ltd

Date of issue: 24th September 2015

What is the claim for:

 

The claim is for £180.63, 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 Lowell Portfolio I Ltd, on 31/03/2014 and notice served pursuant to the law of property act 1925.

 

Particulars

RE- JD Williams

A/C No Pxxxxx98

 

And the claimant claims £180.63

 

The claimant also claims statutory interest pursuant to S.69 of the county courticon 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 £14.45

 

Value of the claim: £195.08 + court fee £25 + solicitor's costs £50 total: £270.08

Original account started: Unknown

Lowell has issued proceedings.

 

Firstly I was unaware of any debt with JD Williams, so have no idea of when this supposedly began.

Secondly I have no knowledge of it having been assigned to Lowell and didn't receive notice of this.

 

I can not remember receiving a default notice, although I have moved 4 times in the last 5 years.

 

I have never received a statutory notice headed “Notice of Default sums” since the date of the default to my knowledge.

 

There was no dispute with the original creditor.

 

 

Having read some threads on here

is the next step to send a CCA Request letter to Lowell

and a CPR request letter to Bryan Carter?

 

 

am unsure of what the wording for the CPR should be though.

 

 

Also I know that I need to go online and acknowledge receipt of the claim form and register my intent to defend.

This is all very new to me as I have never been in this position before.

 

Any help/advice on this would be greatly appreciated.

 

 

Many thanks in advance.

[dx100uk]

pop off and get your credit file

noddle below is free

 

 

as for the CPR 31:14 its in the legal section of the library

that goes to carter

 

 

CCA request

don't sign anything.

 

 

read the full threads for CCA/SAR first.

 

 

on mcol - create a new individual user

then remember that long number

 

 

log in to MCOL

select respond to a claim {AOS BOX]

 

 

then using the details required from the claimform

 

 

defend all

leave juris unticked

 

 

exit mcol

[hounded]

Thank you so much for your quick response dx100uk.

 

I have registered with Noddle and see that this a catalogue I opened an account for in 2010, even though I don't remember doing so.

 

I have sent a CCA request off to Lowell and am in the process of doing the CPR for Carters. Do I need a SAR then? and if I do who would I be sending that to?

 

I have registered with MCOL and completed the AOS section, doing as you advised. When would you start the Defence section against the claim? would that be once you receive any paperwork from either of the above? or should I say if I receive any.

 

Sorry for so many questions.

[dx100uk]

as long as you file your defence by day 33 from the date top right of the claimform [that's day ONE]

you'll be ok

we'll help with that

or simply read a few claims here about low/cater/cat debts.

 

 

lots already, most fail.

 

 

the only thing here is your is post apr 2007 you say?

so a reconstructed agreement might get them through.

 

 

however don't worry about hat for now.

 

 

and don't worry about the sar for now to the cat company either

that wont be through in time [40 days fo sar]

 

 

tell me something...not moved since 2010 have you?

 

 

dx

[hounded]

Sorry I haven't responded to your reply until now have just spent over a week in hospital and have come home to a letter from Carters.

 

Thank you for letting me know when to file defence by and believe you me your help would be very much appreciated.

 

Yes this is showing on Noddle as 2010, so far have heard nothing from Lowell re the CCA.

 

Yes i've moved 3 times since 2010, the thing is even though its on my credit record I have no recollection of ever ordering anything from this company let alone opening an account.

 

This is what the letter from Carters says which is addressed to Mr not Ms :-

 

"We write further to your recent letter of 28th September 2015 requesting disclosure pursuant to Part 31.14 of the Civil Procedure Rules.

 

We confirm the claim form was issued by the County Court Business Centre and that Court's Protocol was followed when issuing the claimant's particulars of claim. Practice direction 7C point 1.4 (3A) eliminates the requirement to attach the documents to the particulars of claim when they are issued by this court.

 

We confirm this matter will most properly be allocated to the small claims track as this is a simple contractual matter and Part 31 of the Civil Procedure Rules will therefore not apply.

 

It is the original creditors policy to issue agreements at the start of the contract and statements throughout the duration of the agreement and, in this regard, we ask you to refer to your own records.

 

We confirm our client is not agreeable to an extension for filing your defence.

 

As you will be aware a claim was issued in this matter on or around 24th September 2015 and we are in receipt of your acknowledgement of service. We note your intention to file a defence.

 

We recommend you seek independent legal advice."

 

So basically they are not going to provide any documentation whatever and how can i refer to records i don't have? they are incredibly infuriating which is what i guess they is their job.

 

Thank you in advance for your help with this.

[shamrocker]

That's the standard template letter. They're just saving themselves on work and hoping to frustrate you at the same time. Your defence will ask them to prove the debt exists and I'd expect they'll not hang long about before discontinuing. A £180 debt is probably full of charges and won't be worth their while chasing.

[ericsbrother]

If you are on a low income or benefits try and go for fast track or multitrack for the court processing. It means nothing to you if you lose but they stand to pay a fortune for your (free to you) legal representatives costs. They will look stupid when they havent complied with a CPR then

[AndyOrch]

If you are on a low income or benefits try and go for fast track or multitrack for the court processing. It means nothing to you if you lose but they stand to pay a fortune for your (free to you) legal representatives costs. They will look stupid when they havent complied with a CPR then

 

I cant realistically see a debt for £180 being Fast Tracked let alone Multi Tracked Eric....It will be Small Claims Track

 

Andy

[hounded]

Hi, i could really do with someone's help for the next stage.

 

I have heard nothing further from Carters only the above letter and I have heard absolutely nothing from Lowell's and no copy of the CCA has been forthcoming.

 

I now need to go on and provide my defence but I really could do with some assistance on how I go about wording it, i need to submit my defence by tomorrow so any help would be greatly appreciated!!!

[AndyOrch]

Plenty of examples in the following forum.....try to find one that is similar to your claim.

 

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

 

Regards

 

Andy

[hounded]

Many thanks Andy, I will go and take a look now

 

Can you register your defence with the court online or does it have to be sent back on the forms that were sent in the post to me??

[dx100uk]

it can be done the same way as you ack'd the claim on mcol website

 

 

post it here first mind

 

 

dx

[hounded]

Thank you dx am relieved that it can be done online.

 

Will read through some of these threads type it up and then post on here before submitting.

[hounded]

I have typed up and amended to the details of my claim and hope that this is correct for submitting as a defence.

 

Particulars of Claim

 

1.THIS CLAIM IS FOR 180.63, THE AMOUNT DUE UNDER AN AGREEMENT BETWEEN THE ORIGINAL CREDITOR AND THE DEFENDANT TO PROVIDE FINANCE AND/OR SERVICES AND OR GOODS

 

2.THE DEBT WAS ASSIGNED TO/PURCHASED BY LOWELL PORTFOLIO I LTD ON 31/3/2014 AND NOTICE SERVED PURSUANT TO THE LAW OF PROPERTY ACT 1925

 

 

PARTICULARS

RE: J D WILLIAMS

A/C NO PXXXXXXX

 

 

AND THE CLAIMANT CLAIMS 180.63

 

 

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 1000 AMOUNTING TO 14.45

 

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 noted. It is admitted I have held an agreement in the past with J D Williams but any alleged balance is and remains in dispute.

 

 

3. Paragraph 2 is denied I am unaware of any legal assignment or Notice of Assignment.

 

4. 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, Furthermore a request was made pursuant to the CCA1974 section 78 and as at this date the claimant has failed to comply and therefore in default of said request, 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;

 

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 reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

Many thanks in advance for your help.

[AndyOrch]

Just one change to your paragraph 2 .

 

Regards

 

Andy

[hounded]

Thank you Andy,

 

I will go on to MCOL and submit it now, then I guess I just have to sit back and wait to hear from the court.

 

Kind Regards, Donna.

[AndyOrch]

28 days for them to respond and proceed otherwise the claim will be auto stayed.

[hounded]

Have gone on MCOL and have submitted my defence, so that's all done.

 

I'm guessing you mean 28 days for Lowell/Carters to respond or do you mean the court? And as i'm totally clueless lol what does auto stayed mean?☺

[AndyOrch]

28 day for the claimant to respond to the defence...stayed means paused...parked...suspended.

[hounded]

Definitely is a waiting game then.

 

Thank you for explaining that to me, this is the first time anything like this has happened to me.

 

Its funny really up until i sent the CCA request lowells was phoning me 4/5 times a day. Since i sent that haven't heard from them, not a peep.