Lowells/lowells sols claimform - cap1 Card 'debt'

[Clinging_2da_wreckage]

Hi Esteemed Caggers.

 

Any help much appreciated.

 

Name of the Claimant ? Lowell Portfolio I Ltd; via Lowell's Solicitors

Date of issue – 22nd July 2016

Date to submit defence = - 23rd August 2016

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

 

1 The Defendent entered into a Consumer Credit Act 1974 regulated agreement with Capital One under account reference xxxxxxxxxxxxxxxxxxxx. (the agreement ).

 

2. The Defendent 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 the xxxx and notice given to the Defendent.

 

4) Despite repeated requests for payment, the sum of £1,436.86 remains due and outstanding.

 

And the claimant claims

a) The said sum

b) Interest Persuant 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 the daily rate of xxxx.xx but limited to one year, being xxxxx

C) costs.

What is the value of the claim? £1,436.86

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. Assigned.

Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure

Did you receive a Default Notice from the original creditor? Not sure

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

 

Why did you cease payments? Financial Hardship

What was the date of your last payment? 2012

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? Yes

 

I have Sent CCA to the claimant and CPR to the solicitor. I have also Acked the claim.

 

Lowells have replied stating they have requested agreement copy and default notice copy.

 

I am not quite sure of my next move, hope you can advise..

 

Thank you.

Edited August 14, 2016 by Clinging_2da_wreckage

[martin2006]

Assuming youve done the usual:

 

Acknowledge via mcol

Tick defend all

Leave jurisdiction unticked

Exit mcol

 

Cca to lowell portfolio

Cpr31:14 to lowell sols

[maroondevo52]

Thread moved to Financial Legal Issues Forum.

[Clinging_2da_wreckage]

Hi Martin

 

Yes to all. The cpr31:14 I sent was the condensed version and included

1. Agreement / Contract

2. Default Notice

3. Assignment

4. Formal Demand

 

Lowells state they do not have to show me the assignment.

[dx100uk]

notice of assignment not deed

[martin2006]

Hi Martin

 

Yes to all. The cpr31:14 I sent was the condensed version and included

1. Agreement / Contract

2. Default Notice

3. Assignment

4. Formal Demand

 

Lowells state they do not have to show me the assignment.

 

good stuff, remember, under no circumstances do you miss your deadline for filing your defence.

 

for now, until they produce some enforceable paperwork, you are using the no paperwork/holding defence.

 

if anything transpires from either the cca or cpr requests, scan and post up whatever you receive for review, minus any identifying detail

[Clinging_2da_wreckage]

Ok GREAT.

I will see what they can come up with. and presumably I register my defence via mocl a few days before the defence limit?

 

Thanks very much for your help.

[martin2006]

If done via mcol then you can leave it till the day its due, it needs to be filed by 4pm.

If its via post, it needs to arrive at the court by 4pm

[Clinging_2da_wreckage]

Ok

 

Thanks again.

[martin2006]

i forgot to mention you should also serve a copy of the defence to the other side solicitors

[Clinging_2da_wreckage]

I see. This would be presumably by registered mail a few days before the due day?

[dx100uk]

no theres no need to do that.

the court will fwd the defence

martin is thinking ahead IF it goes to the allocation/witness statement stage.

 

 

dx

[Clinging_2da_wreckage]

Ah! Ok I will just use mocl a day before.

 

Thanks for the Great help and reassurance.

[martin2006]

Yes my apologies clinging, i was thinking a little further ahead than where you are at present.

Dx is correct

[Clinging_2da_wreckage]

No worries. Just grateful for the help.

[Clinging_2da_wreckage]

Hi all..

 

Working on my defence, so much info on here it's a bit overwhelming.

 

Can you please give me a link to the correct form I need to be based on??

 

Thanks

[dx100uk]

using the search cag box of the top red tool bar

 

either copy in your thread title

 

or

Lowell claimform credit card

 

lots there

find a POC that is the same format as yours is [bit in red]

[Clinging_2da_wreckage]

Ok thanks. Silly question, what does poc stand for?

[dx100uk]

click on poc

 

particulars of claim

red bit when you filled that link out with the details of your claim in your 1st post.....

[Clinging_2da_wreckage]

Ok Got it.

 

 

1 The Defendent entered into a consumer credit Act 1974 regulated agreement with Capital One under account reference xxxxxxxxxxxxxxxxxxxx. (the agreement ).

 

2. The Defendent 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 the xxxx and notice given to the Defendent.

 

4) Despite repeated requests for payment, the sum of £1,436.86 remains due and outstanding.

 

And the claimant claims

a) The said sum

b) Interest Persuant 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 the daily rate of xxxx.xx but limited to one year, being xxxxx

C) costs.

is this any good?

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 Capital One.

3. Paragraph 2 is denied I have not been served with a Default Notice pursuant to the Law of Property Act 1925

 

4. Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or Capital One,

pursuant to the Law of Property Act 1925.

 

4. Paragraph 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 Credit Card agreement or default notice 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;

5. 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.

619. 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.

　

　

　

[dx100uk]

I have added their poc for ref.

 

 

id fluff 2 & 3 out a bit

 

 

2. Paragraph 1 is noted. I have in the past had financial dealings with [original creditor]. I am unaware of what alleged debt the claimant refers to having failed to adequately particularise its claim.

 

 

4. Paragraph 2 is denied as The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued to and received by the Defendant.

[AndyOrch]

3. Paragraph 2 is denied I have not been served with a Default Notice pursuant to the Law of Property Act 1925

 

Default Notices have no connection with the LoP Act 1925....pursuant to the CCA1974 Sec 87

 

Regards

 

Andy

[Clinging_2da_wreckage]

Ok thanks. Will do some editing.

[Clinging_2da_wreckage]

The Defendent entered into a consumer credit Act 1974 regulated agreement with Capital One under account reference xxxxxxxxxxxxxxxxxxxx. (the agreement ).

 

2. The Defendent 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 the xxxx and notice given to the Defendent.

 

4) Despite repeated requests for payment, the sum of £1,436.86 remains due and outstanding.

 

And the claimant claims

a) The said sum

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 the daily rate of xxxx.xx but limited to one year, being xxxxx

C) costs.

 

 

 

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 Capital 1. I am unaware of what alleged debt the claimant refers to having failed to adequately particularise its claim.

 

3. Paragraph 2 is denied as The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued to and received by the Defendant

pursuant to Sec 87 of the CCA1974.

 

4. Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or Capital One,

pursuant to the Law of Property Act 1925.

 

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 section 77/78 request and remain in default and with regards to my CPR 31.14 request.

 

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;

 

6. 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.

 

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.

　

Edited August 21, 2016 by Andyorch
edited

[Clinging_2da_wreckage]

Hope you are night owls.