Lowell Claim form - old CAT 'debt'***Claim Discontinued***

[dx100uk]

no that's the notice of assignment

 

 

so as I though no DN

that's fatal to any claim

[hellsbelle]

I never would have thought different had you not pointed it out as I'm really not clued up on what each of the letters are really. What do I do now as I have my mediation call coming up tomorrow :/

[dx100uk]

they will ask have you received all the required paperwork

you say NO

mediation will fail

[hellsbelle]

Do I need to explain what exactly I haven't received? So glad you checked that over for me or I'd have never known they hadn't sent it, I just assumed the documentation provided was all they had needed to send to me.

[dx100uk]

nope

[hellsbelle]

Had my mediation today, Lowell wanted the full amount in monthly instalments.

 

I explained I hadn't received some of the relevant documentation from them relating to the debt, was asked to elaborate but asked if I was required to and they said no.

 

So I left it at that and said that if Lowell want to proceed with the small claims then so be it.

[Old Cogger]

well done passed back to courts now and lowells scratching their heads wondering what paperwork you are on about =? cocky gits!

[hellsbelle]

They certainly are, they actually wanted more (to settle) than the amount they say I owe too!

[dx100uk]

you didnt tell em did you the DN was missing?

[hellsbelle]

No I just said a relevant piece of documentation was missing and they asked me what that was, I said am I obliged to tell you and if I'm not then I'd rather not say. They said I didn't have to but did press a little on what it was but I remained tight lipped.

[dx100uk]

strange it got passed the mediators questions at the start

did they not ask you first if you had everything to allow mediation...

[hellsbelle]

No that's what I thought was weird too, even when I said I hadn't received all documentation she said well what do you want me to do? She didn't seem to grasp the fact that it was an issue and still continued to try to get me to settle with Lowell.

[hellsbelle]

Hi guys, it's been a while but today I got a general form of judgement order come through, it says that a preliminary hearing will take place next month.

What do I have to do now? In all honesty I'm terrified, I've never been to court and I have no idea what to say or do. It says the hearing should last 15 minutes.

[AndyOrch]

Is it a Case Management Conference to discuss directions or have you already had them by way of your Notice of Allocation?

[hellsbelle]

On my notice of proposed allocation it just states it's now a defended claim, its suitable for small claims and then there was the small claims questionnaire I had to fill in. Bar for that all I've had is the mediation phone call which was ended as I stated I didn't receive a copy of the default notice.

Not sure if either of those bits of info are what you were asking about but all this paperwork just really confuses me

[AndyOrch]

I would look again at your Notice of Allocation very carefully ...most posters dont bother to read past mediation and miss the directions which they must comply with by certain dates.

 

The directions would be disclosure of all documents and you and the claimant submitting a witness statement by given dates.

 

If your satisfied there is nothing on your Notice re trial date or directions then its safe to assume its a Case Management Conference were the directions will then be set.

[hellsbelle]

All the form mentioned was what I mentioned in my last post, then attatched was the directions questionnaire which I filled in and sent off.

 

 

I've not had any further documentation from the court since I had my mediation phonecall.

 

Is there anything else I can do?

I uploaded defence as previously mentioned further back in this thread but never mentioned any suspicions I have regarding some of the things I was sent

I.e the blank document sent to lowell by shop direct,

the mismatched date of my first opening my account

and lastly they didn't send me the original DN.

 

Is that stuff I can mention when there?

Feel so confused by all of this and like I'm out of my depth in all honesty.

[AndyOrch]

On my notice of proposed allocation it just states it's now a defended claim, its suitable for small claims and then there was the small claims questionnaire I had to fill in. Bar for that all I've had is the mediation phone call which was ended as I stated I didn't receive a copy of the default notice.

Not sure if either of those bits of info are what you were asking about but all this paperwork just really confuses me

 

All the form mentioned was what I mentioned in my last post, then attatched was the directions questionnaire which I filled in and sent off. I've not had any further documentation from the court since I had my mediation phonecall.

 

Different courts issue different process...the Notice of Allocation is numbered N159 (see below) which you have not yet received?

 

http://wbus.westlaw.co.uk/forms/pdf/cpf00139.pdf

 

So you have had the following (see below).....nothing more?

 

https://www.moneyclaimsuk.co.uk/PDFForms/N149A.pdf

[hellsbelle]

Yes that's correct, just the second links form you posted and the questionnaire attached and that's all.

[AndyOrch]

Excellent so its a Case Management Conference 15 mins as per my post #114.Nothing to worry about its an informal meeting and the DJ will discuss how to move the claim forward given mediation failed.

 

He may allocate it there and then with directions....insist that he orders all paperwork to be disclosed.

 

Once you get your Notice of Allocation we can take it from there.

[hellsbelle]

Sorry have been without internet for the last few days, will post a little message nearer my conference. Is there anything I need to do/take with me for this?

Is it a proper court thing or just a smaller meeting? So nervous about it

[AndyOrch]

Informal meeting..take a copy of your defence and any CCA/CPR requests and responses.

[hellsbelle]

Will do

Worried my defence is basic as I only sent an edited version of what was suggested on here.

 

Also do I mention that I wasn't sent a copy of the DN?

 

 

And my suspicions about some of the documentation provided or do I wait until the proper hearing for that?

 

Thanks for all your help so far.

[AndyOrch]

Claim has not been allocated to track yet...claimant has not been ordered to do or disclose anything...take the full version of your defence...not sure why you only submitted an edited version without rereading your thread.

[dx100uk]

.thanks for your reply I'm just about to go on to the mcol in a min and get this sent off. I'll make the amendment that you sent too. Would appreciate it if you could have a quick butchers at what I've typed just to make sure it's ok , I have put a few brackets of info on parts I was a little stuck with)

 

Will this be enough defence sent off for now? As I'm unsure what else I can do thus far......thanks so much for your help so far though ��

 

Particulars of Claim

 

1) defendant entered into consumer credit act agreement with shop direct acct no: xxxx

2)defendant failed to maintain required payments and default notice was served and not complied with

3) agreement was assigned to claimant 05/2015 and notice given to defendant despite repeated requests for payment the sum of £2.5k (rounded up) remains due and outstanding

 

claimant claims,

A) said sum of 2.5k

B)interest pursuant to s69 county court act 1984 at rate of 8% per annum accruing at daily rate of £0.49p but limited to one year being £180

C) costs

 

 

Proposed 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 Shop Direct but do not recall the account number referred to by the claimant and have sought clarity by way of a section 78 request

 

2 .Paragraph 2 is denied I do not recall ever receiving 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 2 years ago.

 

On the 17/01/2017 (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 partially responded to the CPR 31.14 but has failed to date to respond to the CCA section 78 request and remains in default.

 

3.It is therefore denied with regards to the Defendant owing any monies to the Claimant and 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;

 

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 the consumer credit 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.

 

 

what do you mean by only an edited version of the above????