lowell/lowell solicitors claimform - old studio cat 'debt'.

[leigh04]

I have received a claim form from Lowells solicitors for a studio catalogue debt.

 

I have responded to the claim form but need to put in a defence but I am unsure what to write.

 

I have sent a cca request to lowells solicitors and they have responded saying the account is on hold until they receive it from studio but I still need do the defence.

 

help please..........

[dx100uk]

please fill this out

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

 

 

dx

[leigh04]

Name of the Claimant ? LOWELL PORTFOLIO I LTD

 

Date of issue – 1ST AUG 2016

 

What is the claim for –

1. the defendant entered into a consumer credit act 1974 regulated agreement with express gifts ltd under account *********( 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 the 18/05/2015 and notice given to defendant.

 

4. despite repeated request for payment the sum of £354.14 remains due and outstanding

 

And the claimant claims

a) the said sum £354.14

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 £0.078, but limited to one year, being £28.33

c) Costs

 

What is the value of the claim?£467.47

 

 

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

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. LOWELLS

Were you aware the account had been assigned – did you receive a Notice of Assignment? NO

Did you receive a Default Notice from the original creditor? NO

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? NO

Why did you cease payments? MOVED HOUSE AND FORGOT

 

What was the date of your last payment? before 2011

 

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 management plan? NO

[dx100uk]

thank you

 

go ack [AOS] the claim on MCOL website

defend all

leave jurisdiction unticked

 

get a CCA request running to lowells

 

get a CPR 31:14 running to the sols.

 

dx

[leigh04]

already sent cca of and Lowell solicitor have placed my account on hold until they get it, cpr31.14 printed and going in post today recorded.

already acknowledged claim form and left jurastiction unticked and defended all.

[Old Cogger]

whatever lowells says just follow - their problem, court process and what they say, lowells hope you believe them and get Default judgment, on hold means nothing = just follow court letters/request not lowells

[dx100uk]

let the fun begin then

but DONT miss your defence filing date whatever does or not happen

[leigh04]

What will I write regarding my defence as I think I'm really pushing it regarding getting it in on time

[dx100uk]

oppss didn't see 1st aug!!

 

 

was due Friday

should be ok mind to try and file

let me go find something

hang on

[leigh04]

Thought I was pushing it but had a lot going on in my private life

[dx100uk]

here you go

simply add your details

 

 

Here is a recent Cat defence that Andyorch drafted for another poster

which was successful in the claim remaining stayed.

.

You will have to edit slightly to suit and add your requests for CCA /CPR ect.....

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

.

Defence

.

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 .Paragraph 1 is noted. I have had an agreement in the past with [enter original creditor] but do not recognise the account number referred to by the claimant.

.

2 .Paragraph 2 is denied I have never received any Default Notice from the original creditor nor the claimant

.

3 .Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served over X years ago.

.

On the DD/MM/YYYY ( sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. The claimant has failed to date to respond to the CPR and remains in default of the section 78 request.

.

3.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;

.

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

.

5.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 consumer crediticon Act 1974.

.

6.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.

.

Regards

.

Andy

***************

 

 

go do it on MCOL now

[Old Cogger]

County Court Money Claims Centre: [email protected] if you should have problems signing into MCOL

[dx100uk]

MCOL is only one way of responding to a claim.

.

If you are having problems logging in, or would prefer not to use MCOL,

you can fax, email or post your response to the Court instead.

If you send your response by e mail

please send it to [email protected] and ensure you quote “Claim response” and quote the claim number in the subject field.

.

[leigh04]

Thanks dx defence has been submitted now

[dx100uk]

via mcol?

dx

[leigh04]

Yeh via mcol

[leigh04]

Received a letter this morning from HM COURT &TRIBUNAL SERVICE acknowledging my defence, a copy is being served to Lowells solicitors, I'm still waiting for my cca request which is over the 12+2 days and also the cpr request.

[AndyOrch]

Dont worry about them not responding...lets see if they wish to proceed now...they have 33 days to respond otherwise the claim is stayed...if they do respond you will receive a directions Questionnaire...this allocates the claim to track and deals with directions ..re disclosure and witness statement...but we will cross that bridge as and when.

 

Andy

[leigh04]

Thankyou Andy, I will sit and wait now for Lowells response (if any lol )

[leigh04]

Had letter of lowells solicitors stating they have requested the info from their client studio, all I sent them was the cpr 31.14 and I'm still waiting for the cca

[dx100uk]

Good

33 days is ticking for them to do 'something'

Else it gets autostayed

[leigh04]

33 days - working days or normal days?

[dx100uk]

Cal

[leigh04]

Also does it go from the date defence accepted date ie 6th September

 

 

Thanks dx

[Old Cogger]

keep an eye on court instructions/procedure not what lowells tell you!