Lowell claimform - old Shop Direct CAT debt***Claim Dismissed***

[The_Debt_Man]

it would read like this:

 

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 in the past had an agreement with Shop Direct but do not recognise this specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request under the consumer crediticon Act 1974

 

2. Paragraph 2 is denied I have not been served with a Default Notice pursuant to the consumer credit Act 1974.

 

3. Paragraph 3 is denied. I am unaware of a legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)……….

[AndyOrch]

Responding to your PM

 

Particulars of Claim

 

1) The Defendant entered into a consumer crediti Act 1974 regulated agreement with Shop Direct under account reference ********

(‘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 Claimant on 22/11/2012 and notice given to the Defendant.

 

4) Despite Repeated Requests for payment, the sum of £3,190.05 remains due and outstanding.

 

And the Claimant claims

a) The said sum of £3,190.05

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

c) Costs

#####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 denied.Whilst it is admitted I have held various catalogue agreements in the past, I have no recollection of ever entering into an agreement with Shop Direct and do not recognise the specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request pursuant to The Consumer Credit Act 1974.

 

2. Paragraph 2 is denied I have not been served with a Default Notice pursuant to sec87(1) the Consumer Credit Act 1974.

 

3. Paragraph 3 is denied. I am unaware of a legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)

 

4. On receipt of this claim form , I the Defendant sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, the Claimant has yet to comply and remains in default of the said request.

 

5. A further request made via CPR 31.14 to the claimants solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied.

 

6. It is therefore not accepted 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 how the Defendant has reached the amount claimed for and;

c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 87(1) of the Consumer Credit Act 1974

d) show how the Claimant has the legal right, either under statute or equity to issue a claim

 

7. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed

 

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.

 

 

Check the above for accuracy...edit to suit..I would insert the dates you made your requests (CPR/CCA)

 

Is it true that they have made repeated requests for payment ? or was this claim form the first you had heard of them?

 

Regards

 

Andy

[The_Debt_Man]

HUGE thanks to Andy and dx100uk

 

I have now submitted my defence.

 

Lets see what they come up with.

 

Just a quick question...

 

Is there any links to the full process on what goes on at the courts from a defendants side.

 

I've been reading a lot and everything seems to show the process from a claimants point of view.

 

What I'm trying to find out is what goes on at the courts end once we submit our defence before 4pm.

[dx100uk]

nothing goes on at the court side now

bar they will send a copy to the claimant.

 

the claimant then has 28 days to 'something'

else the claim get autostayed.

[AndyOrch]

Just a quick question...

 

Is there any links to the full process on what goes on at the courts from a defendants side.

 

I've been reading a lot and everything seems to show the process from a claimants point of view.

 

What I'm trying to find out is what goes on at the courts end once we submit our defence before 4pm.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?356814-The-Process-of-Litigation..-Court-Claims-Defences

[The_Debt_Man]

Thanks again guys

[The_Debt_Man]

I've received a letter from Lowell Solicitors.

 

It reads:

 

Dear xx xxxx

 

We refer to the matter shown at the side of this page.

 

Please find enclosed a copy of the Directions Questionnaire which we have now lodged with the Court.

You will shortly receive a copy of the same directly from the Court for completion and return.

 

 

The Court will use the information contained in both our copy and yours to make a decisions about how the case should proceed.

 

There is also attached a copy of the questionnaire they have filled in.

 

It seems like all the CCA Requests, CPR 31.14 and defence has fallen on deaf ears

[dx100uk]

std practice for them to do this...

 

done to intimidate.

 

await to IF they actually have filed it with the court and IF they court sends your one out to fill in.

[AndyOrch]

I've received a letter from Lowell Solicitors.

 

It seems like all the CCA Requests, CPR 31.14 and defence has fallen on deaf ears

 

A court has not yet seen any details yet..you are still in preparation

 

Andy

[The_Debt_Man]

std practice for them to do this...

 

done to intimidate.

 

await to IF they actually have filed it with the court and IF they court sends your one out to fill in.

 

Really, You wouldn't think they would be allowed to say

" Directions Questionnaire which we have now lodged with the Court"

 

you would think it would be worded more in the way that they have filled in the questionnaire and they will submit it if we fail to resolve it by me calling them.

 

Reading their form, it seems that its really asking when i would be able to attend a hearing.

 

A court has not yet seen any details yet..you are still in preparation

 

Andy

 

if i was to fill in the questionnaire (IF i get one) the court will then read my defence and hopefully close it down in my favour without us having to attend any hearing?

 

Thanks again both of you for all your help

[AndyOrch]

Well not quite......you complete the directions questionnaire this then allocates the claim to track and your local county court.

 

The court will then set the directions on what each party must do and by what date (disclosure of all documents and witness statement in support of) the claimant will be told to pay a hearing fee.This is the Notice of Allocation in preparation for trial with date..

 

Once you have submitted all your documents and statements then the claim will be reviewed by the case manager...if either party fails to comply with directions you risk your claim/defence being struck out...like wise if the claimant fails to pay the hearing fee

 

So the judge does not see anything until the day of trial...assuming it gets that far and each party comply with directions.

[The_Debt_Man]

Sorry i didn't see that someone had replied.

 

i've still got a long way to go

 

I've received a "notice of Proposed Allocation to the Small Claims Track" from the court.

 

It reads:

Important Notice

 

If you do not comply with this notice the court will make such order as appears to be appropriate. This could include striking out the claim or entering judgement.

 

TAKE NOTICE THAT

 

1. This is now a defended claim.

The defendant has filed a defence,

 

2. It appears that this case is suitable for allocation to small claims track.

If you believe that this track is not the appropriate track for the claim, you must complete box C1 on the Small Claims Directions Questionnaire (Form N180) and explain why.

 

3. You must by 20 March 2017 complete the Small Claims Directions Questionnaire (Form N180) and file it with the court office

and serve copies on all other parties.

 

It then has some paperwork stapled to it titled "Directions questionnaire (Small Claims Track).

 

Does this mean that i will be required to attend court?

[AndyOrch]

It means what I have posted in my last post...allocation.

[The_Debt_Man]

Sorry i think i was focusing too much on the mediation.

 

I've been doing a bit of reading and it seems that the mediation is just someone calling you to see if im willing to make a settlement.

 

Not sure if i should go for the mediation or not?

 

Then either way it would then go to a hearing where the court would finally get around to reading my defence.

 

Would i need to attend a hearing?

 

Thanks again as always

[AndyOrch]

All parties are expected to participate in mediation unless of course its not your debt or the claim is statute barred.Its a formality really but allows the Claimant opportunity in offering settlement without proceeding.

 

In the event that mediation fails it then proceeds to allocation and directions that both parties must comply with...its usually at this stage that the claimant cant comply or its not financially feasible to continue subject to the value of the hearing fee and debt......so nothing is set in stone until the day of the trial.

 

Im not sure why you seem seem to be obsessed with the thought of attending a hearing or going to court...dentists are far more frightening than facing up to this claimant...who in most cases does not even turn up for the trial or discontinues the day before......you need to keep reading to see the usual outcome.

[andyep]

Got to agree with you there "dentists are far more frightening than facing up to this claimant" the clinical smell from the dentist turns my stomach

[The_Debt_Man]

I'm just about to fill in the directions questionnaire.

 

Is this right:

 

Do you agree to this case being referred to the Small Claims Mediation Service?

Yes

 

Do you agree that the small claims track is the appropriate track for this case?

Yes

 

Hearing venue

Ill need you look up where my nearest court is.

 

Expert evidence

Are you asking for the court’s permission to use the written evidence of an expert?

No

 

 

Witnesses

How many including yourself, will give evidence on your behalf at the hearing?

1

Hearing

Are there any days within the next six months when you, an expert or a witness will not be able to attend court for the hearing?

 

Now what do i do about the signature as we are always told not to sign anything, i ask because I'm also required to send a copy of this to Lowell?

 

There's also a separate sheet of paper with the heading “Would you like to settle your case without going to a court hearing?”

 

It then says “Please consider the following statements":

 

For mediation to be successful there needs to be some flexibility from all parties and a willingness to listen and consider each other’s positions. Can you agree to this?

 

From what I've been reading i answer YES.

 

I can confirm that i have enough information about the claim, to allow me to enter into negotiations.

 

I'm guessing i would answer NO to this as they still haven't complied with the CCA and CPR requests?

 

Does this all sound about right?

[dx100uk]

yes to mediation the rest is obv.

answer yes to documentation for now

 

you have to give them time.

 

when mediation ring to make the appointment

it THEM you say NO

they will ask the same questions.

 

you don't have to sign the DCA copy.

 

dx

[The_Debt_Man]

Thanks again

 

Just one more thing (well two things)

 

Should I send it them both recorded delivery?

 

And do I need to add a covering letter of some sort?

[dx100uk]

no claimants sols can got 2nd class with free POP.

court one as long as they get it in time it could be 1st class.

again get free POP

[The_Debt_Man]

Sorry if this is a silly question but what is "free POP"?

 

And do I need to send s covering letter with them?

[dx100uk]

free proof of posting

you can get it at the PO counter

 

 

no covering letter

the form is self explanatory...

[The_Debt_Man]

oh ok thanks

 

I've managed to download an interactive Directions Questionnaire from the .gov website so i wont need to physically sign it as i can just type it in.

 

I've printed two copies off ready to send but now I'm thinking that maybe i should have done three copies.

 

one for the court, one for the claimant and one for the solicitors.

[AndyOrch]

You dont send one to the Claimants......

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?406099-LEGAL-N180-Directions-Questionnaire-(Small-Claims-Track)-**Correct-at-Sept-2016**

[The_Debt_Man]

Ok ill just send one off to the solicitor and one to the court.

the only reason i thought i should send one off to the claimant was because the form said

"and serve copies on all other parties" and the claimant was at the top of the page.

 

That's the form ive filled in as it allowed me to just type in my name instead of actually signing it.