Lowell/? claimform - Littlewoods Shop Direct Cat 'debt'***Claim Struck Out***

[jjvercetti]

Hello,

My wife received a claim form from Lowell Solicitors Limited on Saturday morning.

 

Details are below:

Name of the Claimant ? Lowell Portfolio Ltd

Date of issue 14th January 2016

 

What is the claim for – the reason they have issued the claim?

 

The particulars:

1. The Defendant entered into a consumer credit act 1974 regulated agreement with Shop direct under account reference ...... the agreement

The defendant failed to maintain the required payment and a default notice was served and not complied with

The Agreement was later assigned to the claimant on 2/12/2011 and notice given to the defendant.

2.Despite repeated requests for payment, the sum of £2,030.36 remains due and outstanding

Interest pursuant to s69 County courts act 1984 at the rate of 8% per annum from the date of assignment to the date of issue,

accuring at a daily rate of £0.445 but limited to one year, being £162.43

 

What is the value of the claim? £2377.79

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

 

When did you enter into the original agreement before or after 2007? Possibly 2007, not sure as she has ignored calls from them.

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. Lowell issued the claim

 

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? I don't think so.

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? None

Why did you cease payments? Finance problems

 

What was the date of your last payment? Not sure but looking through bank statement to find the last payment.

 

Was there a dispute with the original creditor that remains unresolved? No

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan? Yes

 

I can send a scanned pic of the claim form (details scrubbed out) if that helps, Its just scary getting this in the mail.

[unclebulgaria67]

Not sure all the questions have been understood.

 

What type of debt was owed to original creditors ? Loan, credit card, store card ?

 

Was there a debt management plan including this debt ? What happened to this e.g when did payments stop ?

[dx100uk]

can we have the full Particulars of claim please

[jjvercetti]

Sorry a bit scattered here, debt was from littlewoods cat. There was not an actual plan but at the time my wife contacted them about problems with payment but was ignored.

The particulars:

1. The Defendant entered into a consumer credit act 1974 regulated agreement with Shop direct under account reference ...... the agreement

2. The defendant failed to maintain the required payment and a default notice was served and not complied with.

3. The Agreement was later assigned to the claimant on 2/12/2011 and notice given to the defendant.

4. Despite repeated requests for payment, the sum of £2,030.36 remains due and outstanding

[dx100uk]

have you ack'd the claim on MCOL website defend all and sent CCA/CPR yet?

[jjvercetti]

No in the process of doing it now

[jjvercetti]

Claim has been acknowledged on MCOL website and drafting the letter now

[dx100uk]

read the full CCA request

and CPR 31:14 [legal section of our library]

threads first.

 

 

dx

[jjvercetti]

Thanks for your info, was trying to write up letters before I saw your post...

Have finished the drafts, attached them here to make sure everything is done correctly.[

[dx100uk]

attachment removed

if you read the template

they should not be published in the open forum

[jjvercetti]

Sorry about that, not 100% with it, going to send off the letters now. Do these people reply quickly?

[dx100uk]

:madgrin:we hope not

 

don't forget to read other like threads here

 

dx

[jjvercetti]

Nothing really much happening so far,

 

 

received a letter from Lowell solicitors just saying that they have requested the documents from the client and will forward them to me.

 

 

Looking at some of the other threads it seems like these people are pretty low.

[AndyOrch]

Very Low..ell:-)

[jjvercetti]

So I got a notice of claim issue letter from Lowell Solicitors today but it was dated the 19th January, they take their time sending letters but I have still not received the stuff I asked for. Can I ask how much time I have left to submit the defense?

[dx100uk]

33 days ... The date on the claim form is day 1

[jjvercetti]

There is nothing to report, It looks like I am not going to receive a reply from them so I am writing a defense to the effect of that.

[dx100uk]

use the holding /no paperwork one

widely available on many cat debt threads here.

 

 

post it up first

we'll check it.

 

 

dx

[jjvercetti]

Have finished a draft, is this any good?

 

1.This claim is for £2030.36 the amount due under an agreement between the original creditor and the defendant to provide finance and / or services and / or goods.

2.This debt was assigned to / purchased by Lowell Portfolio 1 Ltd on 02/12/2011 and notice served pursuant to the law of property act 1925

 

Particulars

Re:Shop Direct

A/C No ********

 

And the claimant claims £2030.36

 

The claimant also claims interest pursuant to S69 county court act 1984 from 02/12/2011 to date at 8% per annum amounting to £162.43

 

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. The claim is denied with regards to an amount due under an agreement.The Claimant/Solicitor has refused to disclose any agreement or statements on which its claim relies upon.

 

3.Paragraph 2 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served over 3 years ago.

 

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, 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.

[dx100uk]

looks ok

 

 

not due till/by 4pm friday

[jjvercetti]

Friday 19th?

[dx100uk]

no sorry I had my socks on

due by 4pm Monday 15th

[jjvercetti]

Ah thats ok, Thank you

[jjvercetti]

Defense has been sent.

[jjvercetti]

A late update, I received a letter from the court saying that they got my defense. They really take their time, it was dated the 15th but I got the letter yesterday second class post.