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lowell/BW CLAIM FORM - old shop direct 'debt'


charan121
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Hi ,

 

 

I am new to the forum , i need help regarding filing a defence against Lowell portfolio 1 LTD and BW legal is acting as a legal representative for Lowell.I received a Claim form on 08/09/2015 and have acknowledge service on 14/09/2015 through the moneyclaim.gov.uk portal.

 

Particulars of the claim is :

 

The claimants( Lowell Portfolio ) is for the sum of £446.09 being monies due from the Defendant to the claimant under a Home Shopping agreement regulated by the consumer Credit Act 1974 between the defendant and Shop Direct Finance company limited under account reference XXXXXXX and assigned to the claimant on 22/12/2010 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 claiim also includes statutatory interest pursuant to section69 of the county courts Act 1984 at a rate 8.00% per annum ( a daily rate of £0.10 from the date of assignment of the agreement to 22/12/2011 being an amount of £36.60

 

 

As i dont remember taking any goods under home shopping agreement from Very i have served a CPR31.14 request to the BW legal and Lowell through Recorded delivery of which they have acknowledge recieving the request on 15/09/2015 and have cleverly wrote me on 16/09/2015 saying "We Will seek to ensure that the information you have requested is provided as soon as possible,however this is contingent on receiving the documentation from your original creditor".

 

 

The CPR31.14 request content i have wrote to both parties Lowell and BW legal is pasted below:

 

 

Template removed

 

 

 

I NEED TO FILE MY DEFENCE SOON AS POSSIBLE TO THE COUNTY COURT BUSINESS CENTRE( NORTHAMPTON) PLEASE CAN SOME ONE KINDLY HELP ME WITH THE CONTENT TO FILE A DEFENCE .

Edited by Andyorch
CPR 31.14 template removed
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Can you please let me know the date of issue of the claim form please - you will find this top right hand corner of the claim form.

 

There is a time line which you will need to adhere to..

 

Date of issue ?? + 5 days for service (counting the date of issue as day 1) = ???

Plus 14 days to acknowledge = ??

Plus 14 days to submit defence = ??

 

33 days from the date of issue (counting the date of issue as day 1)

 

You have acknowledged the claim, but I suspect you have left it very late to ask for further help, so if you can let us know the date, then we can work out how much time you have left.

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Hi,

 

The date of issue of the claim is 08/09/2105 and i have acknowledge the service on 14/09/2015.I was in a assumption that i have time until the 09/10/2015 to file my defence.

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The following is a defence proposed by Andyorch on a similar claim thread. You'll need to adapt it to suit your own particular situation, particularly #2 as you state that you are unaware of having any dealings with the original creditor. Please post your finished defence up here before you submit it though. Also, it would be helpful if you could give us answers to the questions in this thread: http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(1-Viewing)-nbsp

 

 

--------------------------------------------------------------------------------------------

 

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) It is accepted that I have had financial dealings with Shop Direct in the past but have no recollection of the account details or the amount referred to in this claim.Until such time the climant can disclose the necessary documents that this claim relies upon the claimants claim is denied.

 

3) I am not aware of any Assignment of any alleged debt nor do I have any recollection of any Notice of Assignment pursuant to the law of property act 1925.

 

4) On receipt of the claim I requested copies of any documents or information that would support the claim. The request was made on 19th August 2015 (sent by recorded delivery) by CPR 31.14. The Claimant has failed to provide any evidence of assignment/balance/breach.

 

5.Furthermore I have a made a request under section 78 of CCA1974 for a copy of this agreement. I understand that until their compliance the claimant is unable to request any relief or enforce any agreement.

 

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

 

7) Therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement or contract; and

(b) show what finance and / or services and/ or goods they refer to;

(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;

 

8) As per Civil Procedure rule 16.5(4) it is expected that the claimant prove the allegation that the money is owed.

 

10) By reason of the facts and matters above it is denied that the claimant is entitled to the relief claimed or any relief at all.

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If you look at post 22 from this thread link, it gives you an idea of the defence in this situation.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?416697-Help-on-embarrassed-holding-defence-for-CPR-31.14-non-compliance/page2

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So you now have a couple of examples of what other people have submitted as a defence.

 

It is just a case of amending to suit your situation.

We could do with some help from you.

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If you look at post 22 from this thread link, it gives you an idea of the defence in this situation.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?416697-Help-on-embarrassed-holding-defence-for-CPR-31.14-non-compliance/page2

 

That defence is for a current account overdraft UB

 

Regards

 

Andy

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Hi,

 

The date of issue of the claim is 08/09/2105 and i have acknowledge the service on 14/09/2015.I was in a assumption that i have time until the 09/10/2015 to file my defence.

 

Correct.

We could do with some help from you.

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HI ALL,

 

THIS IS MY FINISHED DEFENCE PLEASE LET ME KNOW IF ANYTHING NEEDED ADDING INIT..

 

Particulars of the claim is :

 

1.The claimants( Lowell Portfolio ) is for the sum of £446.09 being monies due from the Defendant to the claimant under a Home Shopping agreement regulated by the consumer credit Act 1974 between the defendant and Shop Direct Finance company limited under account reference XXXXXXX

 

2.And assigned to the claimant on 22/12/2010 notice of which has been given to the Defendant.

 

3.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 claiim also includes statutatory interest pursuant to section69 of the county courts Act 1984 at a rate 8.00% per annum ( a daily rate of £0.10 from the date of assignment of the agreement to 22/12/2011 being an amount of £36.60

 

Proposed 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) I have no recollection of the account details or the amount referred to in this claim. Until such time the claimant can disclose the necessary documents that this claim relies upon the claimants claim is denied.

 

3) I am not aware of any Assignment of any alleged debt nor do I have any recollection of any Notice of Assignment pursuant to the law of property act 1925.

 

4) On receipt of the claim I requested copies of any documents or information that would support the claim. The request was made on 15th SEPTEMBER 2015 (sent by recorded delivery) by CPR 31.14. The Claimant has failed to provide any evidence of assignment/balance/breach..

 

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

 

6) Therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement or contract; and

(b) show what finance and / or services and/ or goods they refer to;

(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;

 

7) As per Civil Procedure rule 16.5(4) it is expected that the claimant prove the allegation that the money is owed.

 

8) By reason of the facts and matters above it is denied that the claimant is entitled to the relief claimed or any relief at all.

 

 

 

THANK YOU.

Edited by Andyorch
Particulars added fro cross reference
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Thats fine you just need to address their point 3....

 

3.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.

 

Regards

 

Andy

We could do with some help from you.

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Hi Andy,

 

I would like add this in the defence for point 3

 

3.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.

 

 

a)The Claimant has mentioned the credit Agreement, the default Notice and

 

the assignment in its Statement of Case and yet it has provided none of these

 

documents despite my entitlement to inspect these documents.

 

 

Please let me know it is okay.

 

Regards,

Charan

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Something along the lines of......

 

Paragraph 3 is denied. I refer you to my point 2 above as the claimant has yet to clarify any details of the alleged agreement.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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