Lowell/ Lowell Solicitors Claimform - old Cap1 'debt'***Claim Discontinued***

[Kingsbest]

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?

[dx100uk]

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

[dx100uk]

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

[Kingsbest]

CCA & CPR31:14 sent signed for on 17/8/16

[Kingsbest]

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

[dx100uk]

cal days

you are correct

[Old Cogger]

submit defence by due date the onus then on them to do something within 28 days or possible stayed

[Old Cogger]

always the begging letter = Armatures

[Kingsbest]

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

 

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

[dx100uk]

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.

 

 

 

.

[Kingsbest]

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

 

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

[dx100uk]

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.

[Kingsbest]

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.

[Kingsbest]

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

[dx100uk]

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

[dx100uk]

Yes to mediation the rest is obv

[Kingsbest]

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

[dx100uk]

yep

as detailed already on numerous claim threads here

[Kingsbest]

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

[dx100uk]

Standard Disclosure and Witness statement time?

Edited December 20, 2016 by Andyorch
Addition

[Kingsbest]

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.

[dx100uk]

Use the red toolbars search CAG box

[AndyOrch]

I take it you didn't read the directions closely

 

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

[AndyOrch]

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

[dx100uk]

Ta da!!

 

Dx