Lowell/? claimform - old jdw cat 'debt'***Claim Discontinued***

[toshyboy]

Hi all

 

Hoping for a bit of advice,

 

 

I've just had a call from my elderly mother who is quite distressed

as these jokers have issued a claim form against her.

 

They claim she operated a credit account with jd williams a number of years ago

and despite numerous requests to Lowell no credit agreement has been provided.

Unfortunately all requests have been made either over the phone or by regular post.

 

Would be grateful for some advice on how to word a defence??

 

Thanks

[Guest]

usual link first, info needed therein and anything else you think could be applicable.

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

 

written cca request, and cpr request, if applicable, first.

[toshyboy]

hi guys, sorry for the delay, I had to get a copy of the claim from my mum at the weekend

 

Name of the Claimant ? - Lowell Portfolio I Ltd

Date of issue – 15/04/16

 

What is the claim for –

 

1. Defendant entered into Consumer Credit Act 1974 Regulated agreement with JD Williams under account ref xxx

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

3. The agreement was later assigned to the claimant on xx/xx/2014.

4. Despite repeated requests for payment, the sum of £1300 remains due and outstanding.

and the claimant claims:

a) the said sum of £1300

b) 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, accruing at a daily rate of £0.29 but limited to one year being £106

c) Costs

 

What is the value of the claim? - £1500.00

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? Unknown.Though to be before

 

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

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Think so, but unknown

 

Did you receive a Default Notice from the original creditor? Cant remember, but its probable

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Does not recall

 

Why did you cease payments? Unknown - Catalogue account was years old, and unaware of debt

 

What was the date of your last payment? Unknown but a number of years ago

 

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 managementicon plan? No

I have answered all the questions, as best I can above, but to be honest It is difficult,

given my mother is not getting any younger and her memory is not the best.

 

She ran into money difficulties about 10 years or so ago and has lost track of all her creditors

and who was paid off etc.

 

What I have got is a letter from Lowell on the back of a CCA request I sent for her back when they were assigned in 2014.

They admitted that the agreement was not available and advised they would be closing the account.

 

2 years later my mum then had 1 pre legal letter to which another CCA request was sent (unfortunately by first class post),

but the claim form followed a few days later.

 

I have filed an acknowledgement of service on her behalf,

and have also sent a CPR request, as well as a CCA request to Lowell,

enclosing a copy of the aforementioned "account closed letter" via recorded delivery.

 

I would be grateful for some advice however, on how to defend this??

 

Many Thanks

[Guest]

....and have also sent a CPR request, as well as a CCA request to Lowell, enclosing a copy of the aforementioned "account closed letter" via recorded delivery

good (though, a cpr request shld go to the sols if acting. but, they shld pass it on). wait see if anything comes back in time before defence time, around a good 2 weeks yet. old catalogue account, unlikely to produce a proper agreement/recon. as it seems they said themselves.

 

What was the date of your last payment? Unknown but a number of years ago

could it be barred, check the last payments date. what is the default date?

[toshyboy]

good (though, a cpr request shld go to the sols if acting. but, they shld pass it on). wait see if anything comes back in time before defence time, around a good 2 weeks yet. old catalogue account, unlikely to produce a proper agreement/recon. as it seems they said themselves.

 

could it be barred, check the last payments date. what is the default date?

 

sorry yes, the cpr went to Lowell Solicitors and the CCA to Lowell Portfolio

 

Not really got a set of payment dates etc as such, as they have provided zero information from the original CCA request

[dx100uk]

go ring JDW and ask last payment date and last usage date

 

and get her credit report

noddle & clearscore are free

might tell you .

[Guest]

sorry yes, the cpr went to Lowell Solicitors and the CCA to Lowell Portfolio

 

good. you can do a defence anytime. but, maybe best just wait at least for expiry of the cca request deadline (which wld be before your defence deadline?). and whether you can find out any last payment info. both of which could influence your defence type.

[toshyboy]

Hi guys, sorry for the delay in responses, I have to go back and get the information from my mum, who lives 30 miles away, so it is invariably at the weekends.

 

We've got a credit report via noddle and this debt is listed under there, but as Lowell and not JD Williams.

 

 

The balance history goes back to 2014, and has never reduced or changed.

 

 

All entries are for the amount currently being claimed.

 

Interestingly though, it does state the default date to be in 2013, despite no balance data until 2014.

 

Thanks

[dx100uk]

go ring JDW and ask last payment date and last usage date

[toshyboy]

go ring JDW and ask last payment date and last usage date

Hi, sorry forgot to mention that. Called them before we got noddle report.

 

jdw said they are unable to provide the info, as it's no longer on there system.

 

 

They said they only hold 3 months worth,

 

 

and advised us to continue dealing with Lowell

[dx100uk]

typical bowlarks

 

 

well it will be the holding/no paperwork defence then

 

 

dx

[toshyboy]

typical bowlarks

 

 

well it will be the holding/no paperwork defence then

 

 

dx

 

Cheers DX

 

The CCA request expires tomorrow, and the defence needs to be lodged by 13th, so I'll see if she gets anything in post over next couple of days before I file defence fo her

[Guest]

was there any further joy in finding out the last payment date?

[toshyboy]

was there any further joy in finding out the last payment date?

 

No unfortunately, jdw said they only hold 3 months of records so to contact Lowell.

 

Called them and they said it has been passed to their legal dept

so they could not access the information either.

 

Not been able to get hold of the legal dept after numerous attempts, so left it to the cpr request.

 

Do you think we should continue to attempt contact with Lowell solicitors for the info or leave it to the cpr??

 

Cheers

[dx100uk]

ideally you shouldn't be ringing the claimant or their lapdogs.

 

when was the account opened?

should be on the credit file

 

if its within 6yrs

then by data laws JDW must hold data for 6yrs

they are fobbing you off.

 

dx

[toshyboy]

ideally you shouldn't be ringing the claimant or their lapdogs.

 

 

when was the account opened?

should be on the credit file

 

 

if its within 6yrs

then by data laws JDW must hold data for 6yrs

they are fobbing you off.

 

 

dx

 

There's no jd williams entry on my mums credit file, only a Lowell one which states an opening date of October 2010

[dx100uk]

when a debtis sold

the new owners name replaces that of the OC

so

the debt IS within 6yrs

so by DPA laws JDW must still hold the data you need.

go ring them again.

demand the last payment/usage date

 

 

tell them if they fail to comply

you will be reporting them to the ICO.

 

 

dx

[dx100uk]

Cheers DX

 

The CCA request expires tomorrow, and the defence needs to be lodged by 13th, so I'll see if she gets anything in post over next couple of days before I file defence fo her

 

 

33 day s

4pm Tuesday 17th

[toshyboy]

when a debtis sold

the new owners name replaces that of the OC

so

the debt IS within 6yrs

so by DPA laws JDW must still hold the data you need.

go ring them again.

demand the last payment/usage date

 

 

tell them if they fail to comply

you will be reporting them to the ICO.

 

 

dx

 

cheers dx that worked a treat, and they all of a sudden gave to info to my mum

 

Last usage date - Jan 12

Last payment date - Feb 12

Assigned to Lowell - July 13

[dx100uk]

ok so nowhere near SB.

 

so will prob be the holding / no paperwork

in many like threads here

 

simply use the search CAG box of the red top toolbar

using your thread title

[toshyboy]

Cheers guys. Have drafted the below defence, and would be grateful if you could give it the once over before I submit it:

 

Particulars of Claim

 

1.The claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the defendant(s) and JD Williams.

 

2. And assigned to the claimant on 31/03/2014 in the sum of £1300

 

Defence

 

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.

 

 

1. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant. The claimant has failed to provide any evidence of agreement/contract/breach as requested by CPR 31.14 and a Section 78 request.

 

Therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement/contract 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.

 

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

 

4. 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 crediticon Act 1974.

 

5. On the 19th April 2016 I made a legal request by way of a section 78 request to the Claimant. The Claimant has failed to comply and therefore is in default of this request and as such unable to request any relief until compliance.

 

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

 

Cheers

[dx100uk]

far too short

and you cant solely rely on refusal to supply docs so far as a main defence

 

 

Here is a recent Cat defence that Andyorch drafted for another poster

which was successful in the claim remaining stayed.

.

You will have to edit slightly to suit and add your requests for CCA /CPR ect.....

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

.

Defence

.

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.

.

1 .Paragraph 1 is noted. I have had an agreement in the past with Shop Direct but do not recognise the account number referred to by the claimant.

.

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

.

On the DD/MM/YYYY ( sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. The claimant has failed to date to respond to the CPR and remains in default of the section 78 request.

.

3.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; 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;

.

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

.

5.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 crediticon Act 1974.

.

6.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.

.

Regards

.

nicked from Andyorch

***************

[toshyboy]

Cheers DX (and Andyorch).

 

I will use that after making necessary amendments.

 

Appreciate all your help guys

[toshyboy]

Hi guys - this claim just got a bit more interesting.

 

Defence was submitted as above and MCOL confirms this received on 16/05. This is the last update on the system.

 

My mum has today received a completed directions questionnaire in the post from lowell,

along with a covering letter,

stating they have "lodged this at the court".

 

 

With us not receiving anything from the court, or MCOL not being updated,

I have just called the court, who confimed that DQ's have not even been issued yet.

 

 

Under seperate cover, my mum got another letter from Lowell dated 08/06,

thanking us for our letter dated 22/04 and advising they are requesting a copy of the credit agreement from JD Williams.

 

I would be grateful for anyybody's advice / thoughts on the situation with the DQ??

 

Cheers

[AndyOrch]

Well anyone can download a DQ.....but unless the court send it, the claimant has not notified the court to proceed.

 

Andy