lowell/cohen claimform - old argos card

[jaycwl]

just received through the post a letter from lucas credit regarding my ex argos card. The letter states that unless I start making a payment within 10 days they will refer this matter to there solicitors, cohen cramer ltd.

 

My question is should I send a cca request now and see what they come back with or wait for them and see if court papers arrive and defend the normal way?

 

the amount is £900 but I'm sure around £400 of this is charges from when I stopped paying the account and it was opened 2008

[dx100uk]

What's the history please

Is it on your credit file

[jaycwl]

Yeah mate was a Argos card but that has gone now from my credit file and now its with lowell last payment was to Argos in 2014

[dx100uk]

Lucus are pretty low level in the Lowell's camp

For now I'd let it run

 

Sar time to Argos get all the statement s

[jaycwl]

Ok mate I will do, will get the sar posted of asap then least I no what we are working with

Cheers jay

[renegadeimp]

When was the last time you made a payment to the debt?

[jaycwl]

March 2014 I think mate or around that time.

[dx100uk]

Urm could get sticky then

Get that sar running

[jaycwl]

date on claim form : 12 oct

 

Particulars of claim

 

1.The claim is for the sum of £929 due by the defendant under an agreement regulated by the consumer credit act 1974 for a home retail group card services limited account with a account reference of ****

 

2.The defendant failed to maintain contractual payments required by the agreement and a default notice was served under s.87(1) of the consumer credit act 1974 which has not been compiled with.

 

3.The debt was legally assigned to the claimant on 11 sept 2015, notice of which has been given to the defendant.

 

4.the claim includes statutory interest under s69 of the county courts act 1984 at a rate of 8%per annum from the date of assignment to the date of these proceedings in the sum £74 the claimant claims the sum £1004

What is the value of the claim? 1154

 

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

 

When did you enter into the original agreement before or after 2007? after 2008

 

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? no don't think so

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I have received one

 

Why did you cease payments? lost job

 

What was the date of your last payment? march 2014

 

Was there a dispute with the original creditor that remains unresolved? no but I'm sure there is loads of charges on the account

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? yes tried to haggle the debt down because of the charges but they would only budge a small amount

just received a claim form through the post on the 12 oct

I have ack claim on mcol and am going to get the cca and cpr posted tomorrow.

I did send a sar to argos and never heard anything back from them,

I didn't send recorded delivery tho just normal post.

I rang them today and they said they've not received any request from me.

Should I resend another sar to arogs or is it irrelevant now a claim has been issued?

[jaycwl]

got the CPR and CCA requests off,

 

received The usual we are retrieving docs ect we will hold your account until such docs arrive.

 

This was from Cohen Cramer, nothing from Lowell's yet.

 

When is the last day to submit my defence ?

 

And I've not seen any where that numbers are not used to break the poc down.

 

Do I just do the defence as normal with my own numbers against their points.

Thanks Jay

[dx100uk]

ive numbered the poc in the first post now use those

 

 

defence is due by 4pm day 33

whereby one in the count is the date of the claimform.

 

 

if that day is a w/end you file on the Friday before

[jaycwl]

Cheers DX much appreciated

[jaycwl]

Going to submit my defence on Friday so thought I would post it up for checking if you don't mind

 

Particulars of claim*

*

1.The claim is for the sum of £929 due by the defendant under an agreement regulated by the consumer credit act 1974 for a home retail group card services limited account with a account reference of *****

*

2.The defendant failed to maintain contractual payments required by the agreement and a default notice was served under s.87(1) of the consumer credit act 1974 which has not been compiled with.*

*

3.The debt was legally assigned to the claimant on 11 sept 2015, notice of which has been given to the defendant.*

*

4.the claim includes statutory interest under s69 of the county courts act 1984 at a rate of 8%per annum from the date of assignment to the date of these proceedings in the sum £74 the claimant claims the sum £1004*

*

*

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 home retail card services*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 formicon, the Defendant sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement. I received a letter stating the account is being managed by our outsource team, Lucas credit and all further correspondance is with them. My statutory fee of £1 not returned. Therefore the claimant is and remains in Default of said s78 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.

[AndyOrch]

[jaycwl]

Cheers Andy, thought its best to have the pros double check it first lol