Lowell/? court claim- old Littlewoods CAT 'debt'***Claim Discontinued***

[honeybee13]

Hello there. You should always edit out anything that can identify you.

 

HB

[shamrocker]

Edit out all personal or identifiable information before uploading.

 

Sham

[dx100uk]

urm...FOLLOW THE UPLOAD GUIDE

[jon1974xy]

Sorry for the delay.

 

Here is all the documents scanned in.

 

I apologise for the "free PDF editor" watermark on some pages, it's just how my friend had to do it.

 

I REALLY appreciate all the help I've been getting here and I guess next I just need a little help submitting my defence.

 

As I don't have regular access to a computer or the internet

I guess I should get this done fairly soon.

 

Any help on how to proceed would be greatly appreciated!

FinalPDF.pdf

[jon1974xy]

Please can anyone help at all? I have no idea how to submit a defence and this has me so scared that I'm not able to sleep. Any help at all with how to do the defence would be greatly appreciated. Thank you.

[honeybee13]

Hello there.

 

I've flagged your thread for the team, someone should be along later to point you in the right direction.

 

HB

[dx100uk]

not being funny but

unless you are doing it off line

I cant see you've read one relevant thread to try and self help?

 

as this is a 2013 agreement

then that agreement is ok and enforceable

 

however I cant see how that statement they have given agrees with the sum of £1200 they want.??

 

you might be able to contend that the balance is made of penalty charges and other unlawful things

to get it down

 

make them prove how the balance was attained as to date they haven't.

 

 

also have they provided a copy of the default notice yet?

 

your defence is due by 4pm tuesday

[jon1974xy]

Thank you very much for your reply.

 

I have been doing the best I can to work this out without having my own internet or regular access to a computer and trying to work as much as possible to try to find somewhere permanent to live.

It's really not that easy.

 

I've also found it difficult to know exactly where to look and which posts would apply to me, I'm sorry that this all annoys you.

 

I also thought that when I was asked to upload all the paperwork that someone might have a look and offer some help, sorry again.

 

I'm going to just go ahead and submit the defence as well as I can and hope for the best. Sorry again to have bothered you.

[dx100uk]

Its not a case of annoyance Jon

Its that you need to be conversant with what you file as a defence and understand what it means

 

We can't empart that. Only you can by viewing like threads and taking the process and what a defence is about in.

 

Have a go post it up here and everyone we'll assist

 

If you copy and paste your thread title into the search CAG box of the red toolbar

You'll get like threads

[dx100uk]

I would suggest that your defence would include the follow:

 

on DD/MM/YYYY I made a CCA request to the claimant

I received a return to this on DD/MM/YYYY

 

the reply failed to show a complete breakdown upon how this balance of £!227.79 was reported

 

the claimant is put to strict proof upon how this balance was accrued.

specifically with regard to items ordered and the amount of unlawful penalty fees

[jon1974xy]

Thank you again,

this is what I have written as my defence for the moneyclaim website.

 

 

Please can you let me know if it is any good and if I need to add anything else?

 

 

Thank you so much again!

 

 

On 02/11/2016 I made a CCA Request to the claimant I received a return to this on 17/11/2016 but the reply failed to show a complete breakdown upon how this balance of £1476.01 was reported.

 

 

The claimant is put to strict proof upon how this balance was accrued specifically with regard to items ordered and the amount of unlawful penalty fees.

 

 

The claimant has repeatedly failed to provide any proof of the alleged debt despite numerous attempts to request such proof and has never provided any documentation relating to what items were ordered or how the alleged balance due has been calculated.

 

 

The paperwork supplied by the claimant clearly states a credit limit of £1000, the remaining £476.01, if owed, would represent unlawful charges and unlawfully added sums of money.

 

 

The claimant falsely stated in their letter of 15/11/2016:

As far as our client is concerned, the outstanding balance is due and owing and no verification of your liability to pay the outstanding balance is required.

 

 

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;

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

Edited November 26, 2016 by jon1974xy

[dx100uk]

well that's along the lines of what you need

ideally you need to go see other Cat debt claim form defence.

 

 

if you use our search CAG box of the top red toolbar

and p'haps copy in your thread title

or

the word I've suggested above

you'll see a better forum and things to also include.

 

 

good work to date

[jon1974xy]

I've been looking around at similar threads for the past few days.

 

 

I've added a bit more.

Do you think this will be okay to submit?

Sorry if this isn't formatting properly.

I don't know why it's not

 

 

1) The Defendand entered into a consumer credit Act 1974 regulated agreement with Shop Direct under account reference XXXXX ("the agreement").

2) The Defendand 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 11/09/2015 and notice was given to the Defendant.

4) Despite repeated requests for payment, the sum of £1,227.79 remains due and outstanding.

 

And the Claimant claims

a) The said sum of £1,227.79

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, accuring at a daily rate of £0.269, but limited to one year, being £98.22

c) Costs

 

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.

 

On 02/11/2016 I made a CCA Request to the claimant I received areturn to this on 17/11/2016 but the reply failed to show acomplete breakdown upon how this balance of £1476.01 was reported.

 

The claimant is put to strict proof upon how this balance wasaccrued specifically with regard to items ordered and the amountof unlawful penalty fees.

 

The claimant has repeatedly failed to provide any proof of thealleged debt despite numerous attempts to request suchproof and has never provided any documentation relating to whatitems were ordered or how the alleged balance due has been calculated.

 

The paperwork supplied by the claimant clearly states a credit limit of £1000, the remaining £476.01, if owed, would representunlawful charges and unlawfully added sums of money.

 

The claimant falsely stated in their letter of 15/11/2016: As far as our client is concerned, the outstanding balance is due andowing and no verification of your liability to pay the outstandingbalance is required.

 

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;

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

 

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 credit Act 1974.

 

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 November 26, 2016 by jon1974xy

[dx100uk]

your defence is not due to be filed via MCOL website till 4pm Tuesday so no sweat there yet..

 

you are losing formatting because you are probably copy and pasting from a word processor package like say MS WORD/office.

 

I've added their poc to allow you to better see what you need to answer, getting better IMHO

just let andyorch check things over before you file please

 

its always better to use a text based program like notepad to do it

then paste here.

[jon1974xy]

Cool thank you. It may also be because I'm having to use a very old windows XP computer borrowed from a friend. When I submit the defence should I include the part at the top in red in the actual defence too?

[Guest]

. When I submit the defence should I include the part at the top in red in the actual defence too?

no

[AndyOrch]

Jon you must respond to their pleadings...in particular their 1/2/3..either with admit or deny...anything you do not respond to will be accepted by the Court as an admittance...far too much time spent on the balance and how it accrued.

 

Regards

 

Andy

[jon1974xy]

Thank you,

I understand what you're saying but I have no idea what to put in response,

 

 

please could you point me in the right direction with what I should be putting?

 

 

Thank you so much for your reply.

[AndyOrch]

http://www.consumeractiongroup.co.uk/forum/showthread.php?471387-Lowell-s-claim-form..old-Shop-Direct-CAT-debt

[jon1974xy]

Thank you so much. Here is the final thing, could you let me know what you think please?

1) The Defendand entered into a consumer credit Act 1974 regulated agreement with Shop Direct under account reference XXXXX ("the agreement").

2) The Defendand 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 11/09/2015 and notice was given to the Defendant.

4) Despite repeated requests for payment, the sum of £1,227.79 remains due and outstanding.

And the Claimant claims

a) The said sum of £1,227.79

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, accuring at a daily rate of £0.269, but limited to one year, being £98.22

c) Costs

 

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

 

The 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 in the past an agreement with Shop Direct but do not recognise the account number referred to by the claimant. It is my understanding that all credit facilities provided by Shop Direct would be regulated and legislated under Credit Consumer Act 1974.

 

2) Paragraph 2 is denied. I have not received a Default Notice from the original creditor.

 

3) Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served.

 

4) On 02/11/2016 I made a CCA Request to the claimant I received a return to this on 17/11/2016 but the reply failed to show a complete breakdown upon how this balance of £1476.01 was reported.

 

6) The claimant is put to strict proof upon how this balance was accrued specifically with regard to items ordered and the amount of unlawful penalty fees.

 

7) The claimant has repeatedly failed to provide any proof of the alleged debt despite numerous attempts to request such proof and has never provided any documentation relating to what items were ordered or how the alleged balance due has been calculated.

 

8) The paperwork supplied by the claimant clearly states a credit limit of £1000, the remaining £476.01, if owed, would represent unlawful charges and unlawfully added sums of money.

 

9) The claimant falsely stated in their letter of 15/11/2016: As far as our client is concerned, the outstanding balance is due and owing and no verification of your liability to pay the outstanding balance is required.

 

10) 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;

 

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

 

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 credit Act 1974.

 

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]

don't like 7.8.9 not needed IMHO

 

 

dx

[jon1974xy]

Okay I will take those out. Thank you so much for all the help, going to submit it now!

[jon1974xy]

Hi everyone. I finally received a response from the court

 

 

before my court case I have to have a telephone mediation in a few days.

I just wondered if anyone had any tips or advice for this?

 

 

I'm particularly interested to see if there's a specific law that says the creditor has to provide an itemised list of things that I allegedly purchased, and when and how much they cost?

This has never been provided to me.

 

 

Other than that is there anything else I should say during the call that will help?

Thank you as always for all the help I've received here.

[Old Cogger]

all mediation will ask is " Have the all the necessary documents to proceed to court" if you say NO then they will ask the other side question, then state not suitable for mediation and it gets transferred back to the court system,

[dx100uk]

so they paid to lift the stay?