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    • the debt is statute barred. no to mediation.  
    • Just to clarify the position regarding the question as to whether a bailiff is legally permitted to seize a vehicle that is far in excess of the amount of debt requested.   In this case, the council tax debt at the time of the Notice of Enforcement was £500. Unfortunately, instead of contacting the company to enter into a payment arrangement,  the matter was left and had resulted in a bailiff making a personal visit and the debt has now increased to around £750. From your initial post, your car could be worth approx £5,000.    Vehicles are of course a preferred asset to seize. However, the legal position is that if the bailiff is able to gain 'peaceful entry' into your home and by doing so, is able to seize sufficient goods to clear the debt and bailiff fees, then he should not touch the car. If however, he is unable to gain entry....OR....there are not sufficient goods in the property to cover the debt.....then he is legally permitted to remove (and sell the vehicle).    You need to be aware that a £5,000 car would likely raise significantly less than this when sold. Enforcement agents sales are generally auction sales (usually online). Because it would not be likely that the vehicle is sold with a V5C (Log Book) or service history, this would affect its sales price. From any sale, the enforcement company would need to deduct approx 14 days of storage fees (this could be up to £40 PER DAY). Auctioneers fees would also be deducted.         
    • Yes the next step I think is a letter of claim. If you are not familiar with them already then please read up on this forum the steps involve taking a small claim in the County Court. It's not difficult but it's worth knowing the steps in advance so that you will be confident. Draft a particulars of claim and post it here. Keep it short and sweet
    • Hi. Many thanks for your continued help. I will follow the advice and not get involved with phone calls, email only. The house was repossessed by the mortgage company Southern Pacific not Central Trust, but they did try some years earlier. They seemed to be taking it in turns at one point. I don't remember saying the debt had been sold to them or anyone else, as far as I am aware the house covered the mortgage, I have never heard from them. I just don't understand the figures or the terminology they used to explain the costs, find it baffling and far from clear.
    • Merged witness and draft defence, deleting some paragraphs.. still too long?   1. I understand that the Claimant obtained a Default Judgment against me as the Defendant on 10 November 2021. However, the claim had not been served at my current address. Therefore, I was not aware of the County Court Judgment until I received a notification that it had been entered on my credit report. 2. On learning of the County Court Judgement on 15 November 2021, I immediately contacted County Court Business Centre to find out details of the Default Judgment. It was only at this point that I discovered that Capquest Investments Limited was the Claimant and that the judgment was regarding monies owed on an alleged credit agreement. On 17 November I received a copy of the judgment from the County Court Business Centre by Email. 3. I now know that the judgment was served at an old address (xxx). However, I moved to a new address on 8 January 2021 with my tenancy at the old address ending 5 February 2021. In support of this I can provide confirmation of two (2) Council Tax bills for my current address (xx) and previous address. See [EVIDENCE A and B] 4. On 12 September 2018, the Claimant wrote to the Defendant clearly stating that following a request from the Defendant for a copy of the signed Consumer Credit Agreement with the original creditor, that one did not exist. I had no reason to believe this situation has changed to date and, the Claimant having already written to my new address reporting of default sums notice under the the Consumer Credit Act 1974 did, purposefully, use an old address to gain a Default Judgement. See [EVIDENCE C] 5. I suggest the Claimant did not make reasonable enquiries as to my current address before pursuing the court order especially considering they had good reason to believe they did not hold my current contact details. As stated in the Civil Procedure Rules CPR 6.9(3) where a Claimant has reason to believe that the address of the Defendant referred is an address at which the Defendant no longer resides or carries on business, the Claimant must take reasonable steps to ascertain the address of the Defendant’s current residence or place of business. At the time of the County Court Judgment, my credit file showed my current address so I was there to be found by a simple trace. See [EVIDENCE D]. 6. The Claimant sent a letter dated 27 October 2021 to my current address which I received on 9 November 2021. This equates to only twelve (12) working days between the Claimant filing the claim and producing this letter. I must question why the Claimant would use two different addresses in such a short space of time if there was any doubt I no longer resided at the address they had on record. See [EVIDENCE E]. 7. On the basis provided above I would suggest that the Claimant did not fulfil their duty to use the Defendant’s current address when bringing the claim. 8. Considering the above, I as the Defendant was unable to defend this claim properly. I thus believe that the Default Judgement against me was issued incorrectly and thus should be set aside. 9. 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 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 10. Paragraph 1 is noted. I have had an agreement in the past with Shop Direct Finance Company Limited but I do not recognise the account number referred to by the Claimant.  11. Paragraph 2 is noted but not admitted. The Claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the Defendant did not enter into any agreement with the Claimant and is therefore put to strict proof to verify the alleged statement of its particulars. 12. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served.
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Lowell's claim form..old Shop Direct CAT 'debt'


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I received a CCJ claim form on behalf of Lowell's yesterday. Could someone please help with how to proceed?

I have registered with MCOL after reading some other threads. I will fill in the questionnaire and post asap

Thanks in advance.

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Name of the Claimant ? Lowell Portfolio I Ltd

 

Date of issue – 31 October 2016

 

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

1.The claim is for the sum of £398.82 due by the defendant under a non-regulated Shop Direct account with an account ref of ******

The defendant failed to maintain contractual payments required under the terms of the account agreemant.

The debt was legally assigned to the claimant on 28/Aug/2015, notice of which has been given to the defendant.

2.The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of proceedings in the sum of £31.91

The claimant claims the sum of £450.73

What is the value of the claim? £515.73 including court fee and legal costs.

 

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

 

When did you enter into the original agreement before or after 2007? Yes, i think so

 

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 to Lowell

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? I think so, from Lowell

 

Did you receive a Default Notice from the original creditor? Yes but had a repayment agreement. Had been paying regularly until i missed a couple of payments. Then Lowell took over even though I was still paying OC. This is when I stopped paying.

 

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

Why did you cease payments? Financial hardship. I'm a single parent on a low income.

 

What was the date of your last payment? Over a year ago.

 

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? Yes, had been making payments for about 3 years.

 

Funnily enough,

my account with Littlewoods is still active and is showing that I have available credit.

As I've been paying this for over 3 years

I'm pretty sure that by now I've paid for the goods I bought.

I would think the balance owing would easily be covered by charges and interest accrued when I was originally in financial difficulty following my (now ex) husband leaving.

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Hi Psp and Welcome to CAG

 

Your next task is to send off a CPR 31.14 and CCA request (as per the link you have completed above) and then acknowledge service of the claim within 19 days of the claim form date (the date being day 1)

 

State your intended plea (if defending all you get another 14 days then to submit your defence)

 

Regards

 

Andy

We could do with some help from you.

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When did you enter into the original agreement before or after 2007? Yes, i think so

so which is it....:lol:

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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When did you enter into the original agreement before or after 2007? Yes, i think so

so which is it....:lol:

 

Apologies, I only read the 'before' in my rush to fill the form in! As far as I can remember, it was before 2007. But my memory isn't great!

Edited by Psp
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I have done the CCA and CPR 31.14 and will post tomorrow.

 

The MCOL website crashed while I was on there,

I clicked the defend option just before it crashed so I think I've done it right.

 

Is this classed as acknowledgement of service of the claim?

 

Sorry, I've never dealt with anything like this before.

 

What is my next step in the process please?

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yep mcol often has issues

just pop back at some point and check its done

no rush, cant hurt anything.

if it did fail.

you've a good while yet to ack the claim [day 19]

 

 

might help to go and get your credit file?

might give some pointers on take out time

 

Don't forget to get your credit file too

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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good pre apr 2007 so at some point they wold have sent you an agreement to sign

if/if not you sent it back as 99% didn't is another matter

 

 

though most ofcourse were online sign up

so lets see what they produce if anything!

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

I have received a letter from CohenCramer saying they have received my request for documents. It says that Lowell have given them a minimum of 45 days to send the documents to me, the account is on hold and I will have a further 14 days to prepare my defence once I've received the documents. What do I need to do now please?

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You need to read like threads. ..

 

And do not miss your defence filing date....

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

33 days from the date on the claimform

whereby that date is ONE in the count

if this falls on a w/end you file on the Friday by 4pm

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • 2 weeks later...

Could someone please have a look at my defence, many thanks.

 

1.The claim is for the sum of £398.82 due by the defendant under a non-regulated Shop Direct account with an account ref of ******

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 28/Aug/2015, notice of which has been given to the defendant.

 

The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of proceedings in the sum of £31.91

The claimant claims the sum of £450.73

 

 

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.

 

Therefore Paragraph 1 is denied 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 and evidence the nature of any breach by way of a Default Notice

© show how the Defendant has reached the amount claimed for; and

(d) 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, 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 Consumer Credit Act 1974.

 

6. On the 8th November 2016 I made a legal request by way of a CPR 31.14 request and a Section 78 request to the Claimant. The Claimant has failed to comply and therefore is in default of this request and as such is forbidden to request any relief until such compliance.

 

7. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

Edited by Andyorch
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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.

not sure on the blue bit either

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

let andyorch check things over before filing...

 

 

not due until Friday week mind so no rush.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Defence amended :thumb:

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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