Lowell claimform - old JD Williams CAT debt

[newdad]

a quick question..

 

...I can't find a link for the 'account in dispute' letter.

 

....I've a debt going back to 2010 with JD williams that Lowells bought last year

 

it's mainly made up of late payment £12 fees and over credit limit £12 fees..

 

...Lowells solicitos have now sent me a 'letter of claim' to commence court proceedings...

 

...I sent a CCA request back in september last year, but received a generic set of T&C's and a copy of a credit agreement that has my details filled in, but not my handwriting and no sig

 

....I feel it best to put the account in dispute for the time being to give me some breathing space but can't find the template.

 

...can anyone help?.....thanks

[unclebulgaria67]

When did you take out this JD Williams account ? Before or after April 2007.

 

If it is after April 2007, it might be tricky arguing about non compliance with a CCA request.

 

Can you upload the CCA that was sent to you.

 

Will have a look for a dispute letter, but don't send it until you get more advice.

 

If you have statements of account, you can certainly register a dispute about all the fees added to the account.

[dx100uk]

Is this your great universal one?

[newdad]

no DX......I had a result with that one..

...lowell's wrote it off and closed the account..

 

 

.....in fact I noticed an error in my original post.

....the correspondence I received from lowells sols is actually a different JD Williams,

not the one in the OP (the reference numbers are different)

so on this particular thread,

they haven't even acknowledged the CCA request,

so it's definitely the 'non cca compliance' letter

[dx100uk]

We then not to bother with that letter now

 

Simply invites letter tennis

[newdad]

A brief summary of debt....

.An online account with JD Williams which defaulted back in 2013 with 75% of the balance being late payment/admin fees.

 

...Debt was sold to lowell portfolio and I played letter ping pong for a while...

.They've now passed it onto their 'client' lowell solicitors (the desk in the next room...lol) and they have just sent me this cracker in reply to CCA request...

 

"We write in response to the matter you raised with regards to the above mentioned account on 5 march 2006. Thank you for your patience ...

........................

.......Please be advised that your account is a telecommunications account and it is not regulated by the consumer credit act 1974, therefore our client is not obliged to provide you with a copy of the agreement. We have previously sent you a notice of assignment on the 16 march 2006.....

 

Please contact us within the next 14 days to set up a suitable payment plan. If no repsonse is received we will summon beezlebub and his satanic herd to make your like a misery blah blah blah..... you get the drift

 

I'm trying to formulate a response to this lowell nonsense, they had an account in dispute letter over a year ago when they failed to respond to a cca request. Shall I just continue ignoring, or is it time to get a bit more drastic with them?

 

sorry admins, forgot there was already an old thread on this..

....the update above is their latest attempt to sound intimidating..

...the 'this is a telecommunications account not regulated by the cca 1974' is a new one on me...Have lowell's circumvented the law lords and created their own consumer law?

[dx100uk]

Silly beggars

 

Dx

[newdad]

Name of the Claimant ? lowell portfolio ltd

 

Date of issue – 20/10/2016

 

What is the claim for –

1.the defendant entered into a Consumer Credit Act 1974 regulated agreement with JD Williams under account reference xxxxxxx ('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 06/03/2015 and notice given to the claimant

4 .Despite repeated requests for payment, the sum of £300 remains due and outstanding

5.And the claimant claims

a) the said sum of £300

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 £0.05 but limited to one year being £20

c) Costs

 

What is the value of the claim? £350

 

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? No

 

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? 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?

queried non compliance of refunding penalty charges (original creditor) and payment difficultie due to numerous debts

What was the date of your last payment? 2014

 

Was there a dispute with the original creditor that remains unresolved? Yes

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementicon plan? Yes

Morning all,

had a claim from Lowell's through the post,

I'll pop the POC template in this post..

...The one will be defended as it's a bit of a lemon..

..It is a genuine debt and I've no problem in paying the correct balance ..

 

....The account is a catalogue running credit account...

The account is full of £12 penalty fees, and

the interesting thing about this one is that I did send them a prove it/CCA request,

Lowells replied back stating that it was a telecommunications account not regulated by the 1974 CCA...

.lol but as you'll see on the POC,

they're stating that I entered into a credit agreement under the CCA1974...

..Would this be my immediate line of defence?....

 

.I can upload a copy of this reply from lowells if it's useful

(the date of assignment stating in their letter is completely at odds with the date they're claiming in their POC!

[dx100uk]

when did you take this out please?

 

 

do the usual anyway

ACK [AOS] the claim on MCOL website

sent the claimant a new CCA request

and

their solicitors a CPR 31:14.

 

 

dx

[dx100uk]

old and new threads merged for history

 

 

dx

[newdad]

thanks DX, forgot about the old thread.........

...is it in my interests to send a new cca request considering they'd already sent me the 'not regulated by the cca act1974' letter?..

...I was thinking about formulating a defence around this complete garbage letter

[dx100uk]

Yes

[newdad]

will do......cheers

[newdad]

just a small update......CCA/CPR31.14 sent to lowells solicitors and claim AOS done......I'm spending the next couple of days formulating the defence and getting the wording right.....Would it be possible for either Andy or DX to proof read it before I submit it please?

 

thank you

[AndyOrch]

No problem...just post your intended defence here for checking.

 

Andy

[newdad]

an update for the thread.....cpr31.14 was sent, and yesterday I received the following letter from lowell solicitors.

 

"Thank you for your recent correspondence

 

As previously provided on the 27 sept 2016, please see attachments of statements and copies of agreement

 

We will not be responding to any further correspondence raising the aove issues, We note that you have returned the acknowledgment of service providing you with a further 14 days to respond to the claim form. Please ensure you respond to the outstanding claim within the stated timescale to avoid an application being made to enter judgement against you in default

 

If you wish to speak with a member of our team, please telephone us (blah) (blah) (blah)"

 

 

the documents they sent me were a generic credit agreement with T&C's and 2 pages of statements that looked like they been knocked up on excel.....(worth noting that there are £144 worth of £12 penalty fees, which amount to 50% of their claim)

 

They claim to have already provided me the docs stated back on the 27th sept 2016, they didn't!

 

As I previously mentioned in the thread, I did receive a letter from them stating that this alleged debt is a telecommunication account not even regulated by the 1974 Consumer Credit Act (it is!)

 

....and they simply haven't complied with the CPR31.14 request, in which I asked for documents as described in their POC's (default notice, letter of assignment, termination notice etc)

 

So, in compiling my defence, is it a straight forward 'no paperwork' defence?.......and regarding their paperwork 'faux pas' regarding what type of account it is, and the penalty charges, should I hold that back if they continue the case after my defence is filed?

 

thanks

[AndyOrch]

Defence due Monday 21st Nov.

 

Most telecom service contracts are not covered by the CCA1974....but isnt this a cat debt?

 

Andy

[newdad]

yes that's my point Andy..

..they made a faux pas when they sent me a letter stating it was a telecoms account not regulated by the CCA, but of course, it is (it's a cat debt)

....and it's also what they're claiming for in the POC's...

 

..if they do continue with the claim, surely that won't look good for them...

.....In the interim, I want to file the defence naturally,

so at this stage shall I just go for the no-paperwork defence and keep their paperwork mess-up in reserve for a later date if needed?

[dx100uk]

Can you scan up what they have sent to one PDF?

[AndyOrch]

yes that's my point Andy..

..they made a faux pas when they sent me a letter stating it was a telecoms account not regulated by the CCA, but of course, it is (it's a cat debt)

....and it's also what they're claiming for in the POC's...

 

..if they do continue with the claim, surely that won't look good for them...

.....In the interim, I want to file the defence naturally,

so at this stage shall I just go for the no-paperwork defence and keep their paperwork mess-up in reserve for a later date if needed?

 

Well until such time they can disclose a legally valid agreement for this debt...its going nowhere...irrespective of what they have already sent you.

[newdad]

as per earlier request, here's a pdf attachement for what they have sent me in reply to my cpr31.14 request minus personal details......they've failed to comply fully with the 31.14 request

lowells.pdf

[AndyOrch]

Well thats a valid Cat Agreement complete with statements so you either call their bluff and see it through.....or you approach the claimant re settlement.

 

Andy

[newdad]

they haven't complied with the 31.14 request fully, they refuse any further comms (as per their letter) and as you can see from the statements sent, over half of the debt is £12 charges, not forgetting them claiming it was a telecomms account initially (Which is why they initially refused my cca request............with the above in mind, wouldn't it sensible to defend rather than just rolling over and taking it?....

[dx100uk]

Poc says its a cat debt so that's that.

 

Pop the charges into the cisheet at their interest rate and use that during mediation if it gets that far?

[AndyOrch]

they haven't complied with the 31.14 request fully, they refuse any further comms (as per their letter) and as you can see from the statements sent, over half of the debt is £12 charges, not forgetting them claiming it was a telecomms account initially (Which is why they initially refused my cca request............with the above in mind, wouldn't it sensible to defend rather than just rolling over and taking it?....

 

CPR 31.14 is a civil request...they are not compelled to respond..their choice.....with regards to the type of debt..irrelevant their particulars are what the court judges on.