Lowell/? claimform - cat 'debt' - not mine.

[Naxxas]

hi there,

 

ive received papers from the county court business centre for a debt i do not own, never owned or even acknowledged, how do i defend this?

 

do i need to CCA request lowell? if so i presume its a template letter, which one?

 

what do i enter in the defence or do i leave it blank and await details? ive acknowledged via mcol so hae more time, any advice needed please.

[SabreSheep]

Hi there

 

In order ot help others help you please visit this link below and put the answers to the questions here.

 

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

 

 

please follow the cpr and cca guidelines there also

[Bazooka Boo]

Defend in full, and simply state you have no knowledge of this.

 

Does anything show on your credit file?

[SabreSheep]

Also as court papers have been recieved this thread will now be moved to financial legal forum. This is an admin move so you do not need to do anything

 

Regards

SS

[renegadeimp]

For your defence, you have to follow a specific format. Dont just put " i dont know about this debt".

[SabreSheep]

Once you have completed the link I sent to you, do as advised above, log into MCOL and acknowledge the service and defend all. Leave jurisdiction unchecked.

This gives you 33 days including the date of the claim form to file a defence. Have a look around the forum, especially the Financial Success Forum threads.

 

When you are ready draft a defence here and people can review it for you.

 

Just work out the deadline to lodge the defence so you dont miss it.

[Naxxas]

Claimant: Lowells

 

 

Date of issue – 10th may 2016

What is the claim for –

 

1.the claimants claim is for the sum of 359.00 for monies due from the defendant to the claimant

under a home shopping agreement regulated by the consumer credit act 1974,

between the defendant and jd williams and co limited. under acct ref xxxxx

and assigned to the claimant on 31st march 2014, notice of which has been given to the defendant.

 

2.the defendant failed to maintain under the terms of the agreement

and a default notice has been served and not complied with.

 

3.the claim also includes statutory interest pursuant to section 69 of the county courts act 1984

at a rate of 8% pa a daily rate of 8p from the date of the assignment of the agreement

to 31st march 2015 being an amount of £29.28.

What is the value of the claim? £473.90

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

 

When did you enter into the original agreement before or after 2007? if i did it would be after 2007

 

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? never had notice of assignment

 

Did you receive a Default Notice from the original creditor? never had any communication from JD WIlliams

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? never had one

 

Why did you cease payments? ive never made any,

What was the date of your last payment? n/a never made one

Was there a dispute with the original creditor that remains unresolved? i never opened this account, its not mine

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementicon plan? n/a

[havinastella]

You state you don't owe this, never have, never will.

 

But you also say you may have opened the account after 2007? Which is it?

[Naxxas]

well i had to give a date, but im 100% i never opened this account, EVER

[unclebulgaria67]

Did your Husband somehow take out an account in your name ?

 

Have you checked your credit record to see if this debt is showing ? Might be an idea.

[Naxxas]

no, weve had this conversation, he still has a JD account in his name in good stead, so im baffled by all this really

[martin2006]

So, if you havent already done so, next step is CCA to Lowells

 

Cpr 31:14 to the solicitors

[unclebulgaria67]

no, weve had this conversation, he still has a JD account in his name in good stead, so im baffled by all this really

 

Check your credit record to see if Lowell have added this debt against your name. Lowells have made mistakes previously by issuing court claims with the wrong details, so check for any other debts on your record.

 

You might as well send Lowell a CCA request, but amend the letter to state that you do not know anything about any JD Williams account they are chasing.

[Naxxas]

in terms of Defence for MCOL, can someone point me in the right direction of a thread, they all look so confusing

[unclebulgaria67]

in terms of Defence for MCOL, can someone point me in the right direction of a thread, they all look so confusing

 

You need to acknowledge the claim first.

 

Don't be too eager to complete the defence. You will get advice.

 

Check your credit record !

 

Send off the CCA request to Lowells and the CPR request to the legal people dealing with this on behalf of Lowell.

[Naxxas]

ive acknowledged the claim today on MCOL tating i will defend.

 

CCA going out tomorrow with the CPR to the solicitors

 

do i wait now? and do nothing.

[unclebulgaria67]

Once you have acknowledged that you will defend and have sent the letters you have a bit of time before you need to enter your defence. You might or might not get a response to the letters sent. They might respond saying they have made a mistake or cannot get hold of the CCA.

 

Remember the timeline

 

Date of issue – 10th may 2016

 

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) -

[dx100uk]

urm you say you've never had JDW account

but you had 2 here.

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?429958-Cabot-Court-form-2-cat-debts

could they have sold them on after the failed claim above

do the account numbers match between the claimforms?

[Naxxas]

no that was my ex's, i am now re married

[Naxxas]

never heard from them again and the claim was dropped in court.

[AndyOrch]

Naxxas...just to clarify...are you the husband (as per the above thread)...as you blame your wife...in this thread your the wife of that ex husband ?

 

Andy

[dx100uk]

:lol:

 

yep got me thinking..gave up..

 

dx

[Naxxas]

can anyone point me in the direction of a good thread with a defence that might be relevant

[dx100uk]

type in

cat claimform

 

in the search cag of the redtoolbar

 

any std holding/no paperwork one will do

but aligned to their poc para numbers

[Naxxas]

would this be suitble as no paperwork has ever been recieved or shown:

 

The Defendant neither deny nor admit to any indebtedness to the claimant.

 

The Defendant sent the claimant a CPR31.14 request for the original signed agreement and default notice relied upon in the Particulars of the Claim.

 

The claimant received the CPR31.14 request on the xx/xx/xx by recorded delivery.

 

As of the xx/xx/xx the claimant has not supplied the requested documents, the claimant has given no good reason or any reason at all to the defendant for this failure to comply with the defendant's legal rights of entitlement to inspect the documents that the claimant's claim is to rely on.

 

The Defendant asserts that the Pre - Action conduct of the claimant is unacceptable and feels as though the claimant is trying to frustrate proceedings with this Non-Compliance attitude towards Practice Direction.

 

The Defendant has not been provided with copies of the documents mentioned in the Particulars of Claim, which were requested in the CPR31.14, including the Notice of Assignment, which would prove the Claimant's right to bring this action.

The conduct of the claimant is denying the Defendant the right to submit a full defence and as the action stands at the present time, the Defendant is somewhat confused and unsure as to exactly what the claimant's claim is for, the Defendant is unable to file a full defence as a direct result of the claimants negative Pre - Action Conduct.

 

The Defendant respectfully requests that the Court stay (Suspend) the proceedings under Practice Direction 4.6 (1) until the claimant complies with the defendants CPR31.14 request. The defendant respectfully requests that the court impose a time scale of seven (7) days upon the claimant to comply with the defendant's rightful entitlement to inspect the documents that the claimant's claim is to rely on, and that should the claimant fail to comply with the court's order, then the defendant respectfully requests that upon notification by the defendant to the court of the claimant's further failure to comply with the Practice Direction sanctions imposed by the court, that the court makes the motion to strike out the claimant's claim on the grounds that the claimant is unable to substantiate the claim.

 

The Defendant also makes a respectful request to the court for the court's consideration, to permit the defendant to submit an amended defence if the claimant supplies the requested documents mentioned,furthermore, the defendant states to the court, that if the claimant does so indeed disclose the requested documents within the time limit of the further seven (7) days to the defendant, then the defendant requests that the court provide the defendant with directions that inform the defendant of the time scale that the court shall allow the defendant to file/submit the full or amended defence to this action.