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Lowell and old stayed claim regarding CAT debt of Girlfriend


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Hi,

My girlfriend received a claim from Lowell's regarding a catalogue and I am stumped on this one (I'm an early CAG'er).

 

shes being chased for the incorrect account and I've filed a defence saying so.

 

The odd thing is this claim was issued on the 22nd of March and recieved the 29th I believe.

 

AOS was filed for her on the 30th March.

Defence submitted on 19th April, which is exactly 28 days from the date on the form (22nd March).

 

It says recieved on 20th Apri.

I believe service is 5 days anyway now, am I correct?

 

What's odd is since then, nothing, nada.

Not a peep from either Lowell's or the court and she's a bit worried.

I HOPE they've looked at it and realised their mistake.

 

Claim reads:

1) The defendant entered into a Consumer Credit Act 1974 regulated agreement with JD Williams under account number xxxx

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

3) The Agreement was later assigned to the claimant on xx/xx/xx (was within the last 6 years, not barred).

4) Despite repeated requests for payment the sum of £xxx remains due and outstanding.

And the claimant claims:

a) The said sum of £x

b) Interest pursuant to s69 County Court Act 1984 at the rate of 8% per annum from the dat of issue, accruing at a daily rate of £x but limited to one year, being £x

c) Costs.

 

The defence reads:

1: The Defendant received the claim XXXXXX from the Northampton

County Court on the 29/03/2016.

2: Each and every allegation in the Claimants statement of case is

denied unless specifically admitted in this Defence.

3: This claim appears to be for a Catalogue Account agreement

regulated under the Consumer Credit Act 1974.

4: The particulars of claim fail to state when the agreement was

entered into.

5: It is denied that the Defendant has previously entered into an

agreement with JD Williams for provision of credit under account

Number XXXXXXXX (the Agreement).

6: For the avoidance of doubt the Defendants account number with

JD Williams is ZZZZZZZZ

7: All previous correspondence from the Claimant used the account

number ZZZZZZZZ and not XXXXXXXX (the Agreement).

8: The Defendant was not aware of account number ZZZZZZZZ (the

Agreement) until this claim was made.

9: It is denied that JD Williams served any Default notice on the

Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

10: The Claimants statement of case states that the account was

assigned from JD Williams to Lowell Portfolio 1 Ltd on (Last 6 years)

The Defendant does not recall receiving notice of this assignment.

11: The Claimants statement of case fails to give adequate

information to enable me to properly assess my position with

regards the claim.

12: It is denied that the Claimant is entitled to the relief as

claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are

true.

 

Can I get the claim struck out?

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Lowells are issuing so many claims, that i don't expect they continue with many that are defended or it takes them months before they get around to dealing with them.

 

I can't see the point in striking out and would just check with the court what the position is. If they received the defence and the claim is just sitting on file waiting for action, i suspect that there is an automatic closing off of these claims after a certain period. I thought this was 12 months, but the court will confirm.

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You cant strike out a claim just because it stayed...next move is the claimants .if they wish to proceed.

 

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

 

If you want advice on your Topic please PM me a link to your thread

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