Lowells/? claim form - OH's old Vanquis card 'debt'***Settled by Tomlin Order***

[Myfamily]

Hi All,

 

Have acknowledged service as per my last post and sent off the cca request and CPR. Just worried though because I am going on holiday for two weeks on Tuesday. What do I do about a defence??

[AndyOrch]

Any defence would be due by the 22nd August...so you need to get it submitted before next Tuesday.

 

Take a look in the legal success library....and look at the standard holding defence which puts the claimant to strict proof. Then have a go at adapting it to fit your claim.

Read a few threads in there ...you will soon get the idea.

 

Andy

[Myfamily]

:-( Oh god so much to do! Just my luck!

[AndyOrch]

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-Legal-Successes

[Myfamily]

HI Andy,

 

Sorry been looking but struggling to find a defence that I can use, sorry bit out of practice with this court stuff. I'm worried about saying in thr defence that I have no knowledge when I e-mailed them asking for a agreement to be made - don't want to put my foot in it! and get it comepletely wrong.

[dx100uk]

Copy and paste point 2 of their poc into the search cag box of the red top toolbar

[Myfamily]

oh and I also got a letter from Lowells saying

 

"we have now issued court proceedings in the form of a county court claim which you will shortly recieved directly from northampton county court as you have failed to make payments towards this debt or repsond to our letter of claim."

 

lists all the costs etc.

 

then says " call our team to dicsuss paying the outstanding balance, if you are unable to make this payment in full we can discuss the options for payment with you, we cannot help you to resove this matter if you do not engage with us."

 

What a cheek! - I e-mailed them and they refused to help! so I don't understand what they're doing!

[AndyOrch]

Absolutely...they are totally unreasonable and is all a show for the court of how they have tried to mediate and satisfy pre action protocol...when in reality their only intention is a default Judgment.

 

Don't be too concerned about the wording just yet it can be changed to suit your particular circumstances.

 

Andy

[Myfamily]

thanks Andy, well the court claim was dated 21 July 2016 and this latest leter is dated 26th July and my e-mail was went to them on 26th July, they probably saw that straoght away and sent a letter out! - nice!

 

I'm just struggling to find a defence that i can amend! - will keep looking

[AndyOrch]

Standard credit card holding 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. Paragraph 1 is noted. I have in the past had financial dealings with xxxxxxx .I am unaware of what alleged debt the claimant refers to having failed to adequately particularise its claim.

 

3.Paragraph 2 is denied I am unaware of what account the claimant refers to.

 

4.Paragraph 3 is denied I cant ever recall receiving any Notice of Assignment from August 2012 or ever having being approached pre litigation with regards this alleged debt.

 

5.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;

 

6. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77/78 for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have failed to comply to my section 77/78 request and remain in default and with regards to my CPR 31.14 request.

 

 

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

 

8. On the alternative, as 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.

 

 

9. 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.

[Myfamily]

Thank you soo much Andy - really appreciate it, so I assume I need to just amend a couple of bits such as the bit referring to the notice of assingnment date?

[AndyOrch]

You need to edit it to fit your particulars of claim..in particular the numbering to your particulars.....have a go and I will check it.

[Myfamily]

ok will do

[Myfamily]

Is this ok?

 

Particulars of claim (for cross reference only)

 

1) The defendant entered into a consumer credit act 1974 regulated agreement with vanquis under account ref **************** (the agreement)

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

3) the agreement was later assigned to the claimant on 4 / 09/2014 and notice given to the defendant.Despite repeated requests for payment the sum of £678.73 remains due and outstanding and the claimant claims

 

a) the said sum of £678.73

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 £0.149, but limited to one year, being £54.30

c) costs.

 

 

Defence

 

The Defendant contends that the particulars of claim are 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 insofar as a contract relationship did once exist in the past.However I am unable to recall the precise details of the alleged agreement and any alleged outstanding balance and have therefore sought clarity from the claimant by way a Section 78 request and a CPR 31.14 request.

 

2.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.

 

3. Paragraph 3 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments

 

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; 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. On receipt of this claim I requested by way of a CPR 31.14 request and a section 78 for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have failed to comply to my to my CPR 31.14 and also my section 78 request and remain in default with regards this request.

 

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

 

7. On the alternative, as 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.

 

8. 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.

Edited August 8, 2016 by Andyorch
Particulars added and defence tweaked.

[AndyOrch]

Just a few tweaks to your 1/2/3 Myfamily...check it now and see if your happy and agree.

 

Andy

[Myfamily]

ah ok, thank you so much Andy, going to send it now and hope for the best, will let you know as soon as I return, i am away for two weeks now so hopefully it will be quiet while i'm gone.

 

Thanks again

[AndyOrch]

Have a good holiday

[Myfamily]

HI All,

 

Latest from this, got a leter from the courts, notice of proopsed allocation to the small claims track. had nothing further from Lowell.

 

This letter from the court says

 

1. This is now a defended claim.

the defendant has filed a defence.

 

2. It appears that this case is suitable for allocation to the small claims track.

if you belie that this track is not the appropriate track for the claim you must complete box C1 on the small claims directions questionaire, (form N180) and explain why.

 

3. you must by the 19th spet complete the small claims directions questionaire (form N180) and file it with the court office and serve copies on all other parties.

 

 

The fom is enclosed and also a letter asking whether we woudl like mediation to avoid going to court.

 

Help!

[AndyOrch]

Simple to complete...yes to mediation yes to small claims track...state your local county court......the rest are self explanatory tick boxes.Submit it by the date stated and serve a copy on the claimants solicitor.

 

Andy

[Myfamily]

Thanks Andy, kinda what I thought

 

But nothing from Lowells, should I be worried?

 

 

Also was hoping to get this sorted without hubby being involved but I soppose that won't be possible,

 

 

just don't want to stress him, his father died and we've just had the funeral, generally a pretty rubbish year for him!

[AndyOrch]

Nothing from Lowells is the norm...wait for Allocation and then post the courts directions (they will be ordered to disclose the original documents)..you also will be directed to follow directions.......(standard disclosure and submitting a witness statement)

[Myfamily]

HI All,

 

sorry another question about this, about to post off the directions questionsaire. Recieved one from Lowells saying 0 to the question re number of witnesses including themselves who will give eveidence on your behalf at the hearing - is this right? do I put the same?

 

Oh and should hubby sign it or just block caps?

[Old Cogger]

0 = if hubby is the defendant and no further witnesses

 

always sign court forms.?

[Myfamily]

ok, little bit worried about Lowells lifting the signature as I've done a cca request which they haven't provided yet

[Old Cogger]

always sign court forms = or be laughed out of court - unless of course you can prove it? bit of advice - sign normal BUT do a slight variation mark/etc and take copy of date/time and keep safe just in case if it worries you, there has been no cases of Lowells doing that, why because they would be out of business if found guilty!!!