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    • Hey have filed a defence at 4pm today the day before I could request a judgement.  I thought it was last Friday but it was infact tomorrow they would have ran out of time 
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    • Hi everyone  . . .  Just an update   The CMD was this morning.  It started with cheap  manoeuvrability  by Intrum’s lawyer, but let me give you quick summery background:   The judge issued an order to us to submit evidence supporting our case such as call for witnesses or ask the court to order the original creditor to some action.  We were giving 21 days for the submission.  In my simple calculation without, allowing time to post, the final date was to be 10 March 2021, with post time 2 days later.   On the 10th March, and to be on the safe side, I send to the court the response version giving to me by DX100UK.   Then on 12th March, I send to the court the version giving to me by Andy, asking the court to replace the first document with the second  one.   On 7th of April I send Intrum lawyer the document 2 as it is our official response.   ON the 12th April I send the court the medical certificate for my niece asking to be viewed exclusively by the court.   At the start of the CMD the Judge ask Intrum lawyer to start.  So he started by claiming the following: 1.    We failed to meet the 21 days deadline set by the court. 2.    He received a response on the 7th April which is only a week ago. 3.    He admitted that he has the two version of our submission. He claimed that they were collected by colleague of his from the court’s Clark while he was in court. 4.    He said that this case has taken too long and the defendant just messing them about and keeping changing their plea.   At that time the judge announced that he does not have the two documents in the case file. He only has the medical certificate.  Then he turned to me to ask me for explanation. a)    I said that we met the deadline set by the court and submitted the required response.  Also I explained the issue with two documents. b)    I confirmed that we have received a confirmation form the court on their receipt of  my submission emails. c)    I stated that Intrum lawyer’s claim is incorrect that we failed to meet the deadline, and pointed out that he has our two documents in his possession which he obtained from the court.   Then the judge started asking Intrum lawyer on the content of the two documents, which is bizarre not to ask the author of the documents.   Intrum Lawyer stated that the two documents almost identical. He then started pointing out the negative sides in the documents such as our change of the 50% settlement.  He continued claiming that we are changing our defence without following the certain set procedure, which it seemed to confuse the judge. The lawyer  continued to ridicule the document in general without being specific.  At the end the judge turned to me  to response.   I said that the court must see the document as it is important to the case.  It is not correct to ask the lawyer to a brief the court on our document as he has been selective in what to read.  The judge came in and said that he asked the lawyer for a general summery of its content.   I continued that the full claim case is fundamentally flawed, and I continued to list why: 1.    The nature of the relation between the original creditor and defendant does not constitute the need for Financial Agreement between the two parties.  The claimant stated in their case that the defendant was in breach of a Financial Agreement. Where is this agreement? 2.    There is no Default Notice that the claimant stated in their submission there was a Default  Notice. 3.    Also has the original creditor served a notice of assignment on the defendant? 4.    The other fundamental issue is the question of the nature of the sum claimed!. .  .  .  . . .   At that time the judge stopped me asked me if I was asking for the other side to present these documents.   I responded:  Intrum are experienced organisation in this type of business.  They know very well the importance of these documents to the case, why they have not been  incorporated them in their case submission , . .  my answer Yes  . . . our missing response document put the claimant to Strict Proof to present these documents to the court.   The lawyer then announced that the Default Note was included in their submission and, he continued to quote a reference number, then he retracted his claim, which is I had a sense that he felt he has gone too far in his BS***t.   However, the judge spend most of session faltering and does not know what to say.  At the end he decided to go for another CMD. But then the funny part he asked the Claimant lawyer to send him the two missing documents.   I feel more positive now on the case but I would appreciate your views and comments.   Thank you
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Lowell/ Lowell Solicitors Claimform - old Cap1 'debt'***Claim Discontinued***


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I have answered the below to the best of my knowledge :

 

Name of the Claimant ? Lowell Portfolio I Ltd

Date of issue 28/7/2016

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

Particulars of claim

1) THE DEFENDANT ENTERED INTO A CONSUMER CREDIT ACT 1974 REGULATED AGREEMENT WITH CAPITAL ONE UNDER ACCOUNT REFERENCE **** ('THE AGREEMENT').

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 12/03/2015 AND NOTICE GIVEN TO THE DEFENDANT.

4) DESPITE REPEATED REQUESTS FOR PAYMENT, THE SUM OF £331.33 REMAINS DUE AND OUTSTANDING.

AND THE CLAIMANT CLAIMS

a) THE SAID SUM OF £331.33

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 £0.073, BUT LIMITED TO ONE YEAR, BEING £0.00

c) COSTS

 

What is the value of the claim? 442.84

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

When did you enter into the original agreement before or after 2007? AFTER

 

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. Debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? yes

Did you receive a Default Notice from the original creditor? yes PROBABLY

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? not sure BUT prob yes

Why did you cease payments? lost job and little money

What was the date of your last payment? prob in 2014

 

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

 

Hi All,

Filed to defend all.

My acknowledgment of service was submitted on 03/08/2016 at 19:48:00

 

 

My acknowledgment of service was received on 04/08/2016 at 08:02:24

I have prepared my CCA request to send tomorrow but not sure about the CPR 31.14.

Can someone help me with time-frames please & what to expect now?

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usual game then.

 

go acknowledge the claim on the MCOL website

defend all

leave jurisdiction unticked

 

get a CCA request running to the claimant

and

a CPR 31:14 running to the sols.

leave everything blank

don't sign anything

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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the only timeframe you need to worry about now is your defence filing date

 

 

that's day 33

whereby the date on the topright corner of the claimform is day one of the count

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

Issue date of claim is 28th July 2016 is it 33 working days or just 33 days to submit a defence. If it is 33 days I make it Monday 29th August can anyone confirm for me please. Regards

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cal days

you are correct

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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1) THE DEFENDANT ENTERED INTO A consumer creditlink3.gif ACT 1974 REGULATED AGREEMENT WITH Capital Onelink3.gif UNDER ACCOUNT REFERENCE **** ('THE AGREEMENT').

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 12/03/2015 AND NOTICE GIVEN TO THE DEFENDANT.

4) DESPITE REPEATED REQUESTS FOR PAYMENT, THE SUM OF £331.33 REMAINS DUE AND OUTSTANDING.

AND THE CLAIMANT CLAIMS

a) THE SAID SUM OF £331.33

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 £0.073, BUT LIMITED TO ONE YEAR, BEING £0.00

c) COSTS

 

I contend the particulars of claim as they are vague and generic in nature.

 

I accordingly set out my case below and rely on CPR 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

1. I have held an account with Capital One for credit card services however I do not recall the particular account number referred to and have requested a copy of the alleged agreement pertaining to this claim.

 

As of this date the claimant has failed to comply with my section 78 request.

 

2. I deny having received statutory notices in the form of a Default Notice required under s87(1) of the consumer crediticon Act. I also deny having received statutory notices in the form of Notice of Sums in Arrears as required by the consumer credit Act.

 

3. I deny receiving any Notice of Assignment Pursuant to the Law of Property Act 1925 and the Claimant is required to prove they are able to bring this claim.

 

4. 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 evidence of service of a Default Notice and Notice of Sums in Arrears

(d) Show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

5. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed by providing full accounting of the amount they have claimed.

 

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 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.

 

Does the above tally with the information I have given please? Regards

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I have added their poc in red above

you need to relate to their para no's in your reply.

its better to leave our std pleadings the way they are worded..

 

 

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.

 

 

 

.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

1) THE DEFENDANT ENTERED INTO A consumer creditlink3.gif ACT 1974 REGULATED AGREEMENT WITH Capital Onelink3.gif UNDER ACCOUNT REFERENCE **** ('THE AGREEMENT').

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 12/03/2015 AND NOTICE GIVEN TO THE DEFENDANT.

4) DESPITE REPEATED REQUESTS FOR PAYMENT, THE SUM OF £331.33 REMAINS DUE AND OUTSTANDING.

AND THE CLAIMANT CLAIMS

a) THE SAID SUM OF £331.33

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 £0.073, BUT LIMITED TO ONE YEAR, BEING £0.00

c) COSTS

 

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. The defendant has held an account with Capital One for credit card services however the defendant does not recall the particular account number referred to and have requested a copy of the alleged agreement pertaining to this claim.

As of this date the claimant has failed to comply with my section 78 request.

 

2. The defendant denies having received statutory notices in the form of a Default Notice required under s87(1) of the consumer credit Act.

 

The defendant denies having received statutory notices in the form of Notice of Sums in Arrears as required by the consumer credit Act.

 

3. The defendant denies receiving any Notice of Assignment Pursuant to the Law of Property Act 1925 and the Claimant is required to prove they are able to bring this claim.

 

4. 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 evidence of service of a Default Notice and Notice of Sums in Arrears

(d) Show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

5. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed by providing full accounting of the amount they have claimed.

 

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 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.

 

Thanks dx100uk does the above look better? Regards

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it doesnt flow as it should

 

use post 62 here

http://www.consumeractiongroup.co.uk/forum/showthread.php?465865-Lowell-lowell-sols-claimform-Wifes-Vanquis-debt/page2

 

by andyorch and simply adapt creditor dates sums etc.

no need to change any wording.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Perfect thank you

 

*****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 an agreement with Capital One but do not recognise this specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request..

 

3. Paragraph 2 is denied I have not been served with a Default Notice pursuant to the consumer credit Act 1974.

 

4. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)

 

5. On receipt of the claim form , the Defendant sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, the Claimant has yet to comply and remains in default of said request.

 

6. A further request made via CPR 31.14 to the claimants solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied, but has stated a general extension of time to retrieve the documents, to date nothing has been received.

 

7. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and 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;

c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 88 CCA1974

d) show how the Claimant has the legal right, either under statute or equity to issue a claim

 

8. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed

 

9. 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

 

10. 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.

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Claim History

 

Your acknowledgment of service was submitted on 03/08/2016 at 19:48:00

Your acknowledgment of service was received on 04/08/2016 at 08:02:24

Your defence was submitted on 29/08/2016 at 22:48:22

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  • 2 weeks later...

att removed

you need to remove QRcode and barcodes and ref numbers

but it doesn't need to go back up

std response from lowells.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 3 weeks later...

Yes to mediation the rest is obv

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 3 weeks later...

Hi Guys I received an email with some of the below :

The above parties have all filed a Directions Questionnaire (N180) and have all requested mediation.

 

Provisional Appointment Time & Date

 

A telephone mediation session of up to one hour is available to you between 9:30 and 13:30 on the following dates:

 

Monday 24th October 2016

 

Tuesday 25th October 2016

 

Wednesday 26th October 2016

 

Thursday 27th October 2016

 

Friday 28th October 2016

 

Please note that this is not a confirmed appointment and you will receive a further letter/email to advise if mediation is going ahead.

 

Mediation can only be arranged if we are able to all parties to verbally complete the mediation criteria. We will try to call you within the next 8 days and, if we are able to secure a mediation appointment, we will send you confirmation. If you do not receive an email, or letter, confirming the appointment, the appointment will not be taking place.

 

Please note that Mediation appointments are limited and can only be re-arranged under exceptional circumstances.

 

Mediation Requirements

 

Please read the following 3 statements:

 

Yes NO

 

1. For mediation to be successful there needs to be some flexibility from all parties and a willingness to listen and consider each other’s positions. Can you agree to this?

2. I can confirm that I have enough information about the claim to allow me to enter into negotiations and that I do not require any further evidence from the other party before I can mediate

3. I am available to mediate on one of the following dates

 

(You must tick at least 1 of the following, you may tick more than 1 if applicable)

I am available between 9:30 & 13:30 on the Monday stated above

I am available between 9:30 & 13:30 on the Tuesday stated above

I am available between 9:30 & 13:30 on the Wednesday stated above

I am available between 9:30 & 13:30 on the Thursday stated above

I am available between 9:30 & 13:30 on the Friday stated above

 

Mediation is only available to you if you can answer YES to all 3 statements above. If you cannot answer YES to each of the 3 statements, mediation is not suitable for your case.

 

Am I presuming that because Lowell have never sent me the CCA Request and the CPR 31:14 I say NO to question 2???

 

Regards,

 

Paul

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yep

as detailed already on numerous claim threads here

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites
  • 2 months later...

I have now received a NOTICE OF ALLOCATION TO THE SMALL CLAIMS TRACK (HEARING)

 

Deputy District Judge ***** has considered the statements of case and questionnaires filed and allocated to the small claims track

 

Hearing takes place 10am 18th Jan @ the County Court of ********.

 

So what is the next course of action please

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Standard Disclosure and Witness statement time?

Edited by Andyorch
Addition

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

Thank you.

Why do you think the District Judge has decided to have a hearing?

Lowell have never replied to my requests, ive submitted everything on time.

Can you help me with the Standard Disclosure and Witness statement please??

Also on latest Notice of Allocation it says still can mediate, but answered mediation questionnaire & that was dismissed last time.

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Use the red toolbars search CAG box

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I take it you didn't read the directions closely :wink:

 

Your disclosure wll be CPR and CCA requests and any responses and anything else you have referred to or relied upon within your defence and your witness statement...(which is also part of the directions) which should have also been done by now.

 

Andy

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  • 2 weeks later...

Well done Paul...as expected.

 

Thread title amended to reflect the outcome.

 

Delighted for you.......please consider making a donation so we can continue to help others in the same predicament as you found yourself.

 

Regards

 

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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Ta da!!

 

Dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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