Lowell/cohen claimform - JDW CAT debt - defence needed tomorrow

[buzzy]

hi

 

due to problems with family i have only just remember (well phone pop message reminded me) that i need to file my defence tomorrow

 

need some help with what if anything I should put in my defence about the fact that the solicitors cohen cramer are calling the ex jd williams account now owned by lowells a non regulated account.

 

Anyone help I assume the account is regulated as I thought all these accounts were but ive had nothing back from Lowell re my cca request sent oct 4th

postal order was cashed on the 10th and

 

received only a letter stating it will take 45 days to get docs and that they will give me an extra 14 days once docs received blah blah blah from cohen cramer from my cpr31 and cpr 15 requests

 

any help about non regulated accounts would be great thanks

[BankFodder]

Have you filed an acknowledgement to the claim – meaning have you bought yourself the extra 14 days time? Or is that something you can still do? Do you realise that if you file an acknowledgement then you get a total of 28 days to file a defence rather than 14 days?

 

If this really is your final deadline – meaning that you have filed the acknowledgement and so you have taken full advantage of the 28 days, then if there is no CCA then you should simply file a defence saying that you intend to defend the entire claim, that you do not acknowledge any debt and that you served the claimants with a statutory request for a CCA on XXX date and they have failed to provide it within the statutory return. Therefore, even if there is a valid debt which you do not admit, they are not entitled to enforce it and you respectfully ask that their claim be struck out.

[Guest]

buzzy

fill this out on thread

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**

[buzzy]

Name of the Claimant ? Lowell Portfolio l

Date of issue – 16 sept

Date to submit defence = 18th

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

 

 

 

1.The claim is for the sum of 2714.45 due by the defendant under a non regulated JD williams account with the ref of xxxxxx.

The Defendant failed to maintain contractual payments required under the terms of the account agreement.

The debt was legally assigned to the claimant on 11/feb/2016, notice of which has been given to the defendant.

 

2.the claim includes s.69 of county courts act 1984 at a rate of 8% per annum from date of assignment to the date of these proceedings in the sum of £128.51

the Claimant claims the sum of £2842.96

 

What is the value of the claim? 3027.96

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

 

When did you enter into the original agreement before or after 2007? 2013

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? think so

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 ? dont think i have from lowells

Why did you cease payments? couldnt afford the full minimum and the interest added was more than i was paying each month and paying reduce amount they kept send late payments and letters and adding charges

What was the date of your last payment? sometime around in 2015

 

Was there a dispute with the original creditor that remains unresolved? no

[Guest]

non regulated! aren't cat credit a/c's (inc JD) regulated? (their site terms say so)

[buzzy]

the terms on the website currently state

 

We are supervised under the Consumer Credit Act 1974 by the Financial Conduct Authority of 25 The North Colonnade, Canary Wharf, London E14 5HS. (Authorisation No: 311618)

 

so if not regulated trying to mislead????

[dx100uk]

you got your dates wrong defence is due tonight by midnight.

 

did you acknowledge the claim on MCOL website?

[buzzy]

oh god ill have to get going then yes it was acknowledge on mcol

but then due to a family matter id completely for got until a reminder popped up on my phone.

 

Think my defence is going to be very small just mostly stating due to a lack of information

I cant really put in a proper defence and include the fact that neither claimant or their solicitor has complied with my request

[BankFodder]

Simply use the defence which I have suggested. You don't need anything more – and nothing less.

 

Don't start being inventive.

[dx100uk]

jiggle this around to suit their POC

 

 

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.

.

 

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

[buzzy]

hi thanks that great should i put that i had a regulated agreement? for number 1 or just how you worded it?

[dx100uk]

its not how I've worded it

its from one of the many other claimform threads here involving your players.

 

YOU NEED TO ADAPT IT AND ALIGN IT TO THEIR POC PARAGRAPH NUMBERS.

 

have a go and post it back again.

but that's all you need just needs aligning.

[buzzy]

yes i understand below is what ive done could use number 2 because they dont mention a default notice in the POC

 

 

1.The claim is for the sum of 2714.45 due by the defendant under a non regulated JD williams account with the ref of xxxxxx.

2. The Defendant failed to maintain contractual payments required under the terms of the account agreement.

3.The debt was legally assigned to the claimant on 11/feb/2016, notice of which has been given to the defendant.

 

The claim includes s.69 of county courts act 1984 at a rate of 8% per annum from date of assignment to the date of these proceedings in the sum of £128.51

the Claimant claims the sum of £2842.96

 

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 J D Williams but do not recognise the account number referred to by the claimant.

 

2. Paragraph 2 is denied.The claimant or the original creditor has never served a notice of default or a Default Notice pursuant to sec 87.1 of the CCA1974.

 

3.Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served in February pursuant to the LoP Act 1925.

 

On the 04/10/2016 (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.

 

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

 

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 October 18, 2016 by Andyorch
Edited

[buzzy]

just going over everything In the POC they state

The Defendant failed to maintain contractual payments required under the terms of the account agreement.

can i used the following in my defence to refer to the above

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

[dx100uk]

no

 

 

2. Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served in February 2016.

 

 

should surely read

2. Paragraph 1 is also denied I am unaware of any legal assignment or Notice of Assignment allegedly served in February 2016.

[buzzy]

sorry thats just how it copied after i type up and copied to forum i tried to edit but it didnt work the paragrahs read like follows on the poc

 

1.The claim is for the sum of 2714.45 due by the defendant under a non regulated JD williams account with the ref of xxxxxx.

2.The Defendant failed to maintain contractual payments required under the terms of the account agreement.

3.The debt was legally assigned to the claimant on 11/feb/2016, notice of which has been given to the defendant.

4.The claim includes s.69 of county courts act 1984 at a rate of 8% per annum from date of assignment to the date of these proceedings in the sum of £128.51

5.The Claimant claims the sum of £2842.96

 

sorry im doing this while looking after my little girl who keeps being sick and listening to my sons lines for the play hes doing my mind is everywhere

[dx100uk]

you can effectively roll 1,2,3 into one paragraph so what we have got here with that adaption should be ok.

 

 

tidy it up

pop it up on here

 

 

and i'm sure someone like andyorch will give it the once over and then you can file it via MCOL

like you did the acknowledgement .

[buzzy]

ok so ive played around matching things up and think this looks good any advice would be great as need to submit Defence asap

POC

1.The claim is for the sum of 2714.45 due by the defendant under a non regulated JD williams account with the ref of xxxxxx.

2.The Defendant failed to maintain contractual payments required under the terms of the account agreement.

3.The debt was legally assigned to the claimant on 11/feb/2016, notice of which has been given to the defendant.

4.The claim includes s.69 of county courts act 1984 at a rate of 8% per annum from date of assignment to the date of these proceedings in the sum of £128.51

5.The Claimant claims the sum of £2842.96

 

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 J D Williams but do not recognise the account number referred to by the claimant.

2. Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served in February 2016.

3. On the 04/10/2016 (sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request along with the statutory £1 fee.

4. The claimant has failed to date to respond to the CPR and remains in default of the section 78 request.

5. 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;

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

7. 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.

8. 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.

[buzzy]

thanks dx youve been a great help

[AndyOrch]

Defence in post #13 now edited and good to go.

 

Regards

 

Andy

[buzzy]

thanks andy im off to submit

[AndyOrch]

thanks andy im off to submit

 

[buzzy]

thank you andy all submitted thank you all for your help Ill keep you posted with what happens

[AndyOrch]

thank you andy all submitted thank you all for your help Ill keep you posted with what happens

 

Not a problem ..perhaps consider making a donation for saving your bacon

[dx100uk]

oink...thanks andy

 

 

dx