Lowells Claimform - old Cap1 Card 'debt'

[dx100uk]

defence due by 4pm Monday..

 

 

use our search CAG box of the top red toolbar.

 

 

paste your thread title into it....

[stephenXL]

OK. I will have a go at what you ask, not sure how to paste thread.

[honeybee13]

You could just type it on, Stephen.

 

HB

[honeybee13]

Some information for you.

 

http://www.wikihow.com/Copy-and-Paste

 

HB

[stephenXL]

Hiyya,

Just spending time to compile a defence and looking through available paperwork concerning this account.

 

Lowell solicitors recently replied to the CPR31:14 notice providing a letter of Assignment from 16/**/15 which I assume would be the same as the letter originally received, by my friend, from Capital One on their headed paper and dated 16/****/15. They are not, and yet, both letters are addressed to my friend.

These letters are different in a number of different ways, the date formatting differs. Cap One letter enters numerical dates eg 00/00/0000 except letter date entered alpha numeric as in **/June/****.

The one recently produced by Lowells enters dates alpha numerically as in 00/June/0000. Except letter date(entered numerically **/**/**)

 

The sum of money owed in the original entered as £000.00.

However, in the Lowell letter simply 000.0.

 

Next, both letters (written and addressed, allegedly, to my friend on the same date) are signed on the Cap One letter by a Mr * R from Recoveries.

Whilst the copy requested from the solicitors for Lowells is signed by a Mr * W from Risk Operations at Capital One.

 

Lastly, the address format on the original Cap One letter is in both upper and lower case.

The copy provided by Lowell solicitors, the address is all in Upper case.

It is my understanding that we requested copies to be forwarded under the CPR.

If this is considered to be a "version" then they are still obliged to provide copies of all versions as they are seperate documents. Am I right?

 

In their covering letter, refering to CPR31:14, Lowells solicitors have stated that they have requested documents from original creditors Capital One, concluding that copy agreement, statements, and default notice will then be forwarded to you upon receipt.

They state also that whilst awaiting these, "This account wil be put on hold until we have received the requested documents..........". I would imagine that it would be foolish to accept that at face value?

 

Further to all this, Lowell Portfolio have failed their obligations under the CCA request.

 

I am looking forward to to SAR request reaching its fulfilment.

 

In the defence then:

They have failed to provide specific copies of the evidence listed within the Particulars of Claim:

1) Copy of the original "agreement":

2) Copy of the default notice:

3) True Copy of "assignment".

 

Need some help with part 4) of the POC

 

 

The POC is generic.

States ownership of documents which it cannot provide to the defendant.

 

 

Is it possible to apply to the court for a stay, until compliance is met (prior to filing a defence)?

 

Sorry if asking a lot here, its been over 10 years since I got involved with this stuff (bank charges etc..) . Just need to get back up to speed.

 

Thanks

StephenXL

[AndyOrch]

Is it possible to apply to the court for a stay, until compliance is met (prior to filing a defence)?

 

No ...and there should be no need to...you are simply allowing further time for them to conjure up copy and paste and stitch together documents

[dx100uk]

why are you so minutely dissecting letters...

pointless..

 

waste of time

 

simply find and use our std holding/no paperwork defence

 

as I said above

simply copy and paste your thread title into the searcg CAG box of the top red toolbar

whats hard about that..

 

https://cse.google.co.uk/cse?cx=partner-pub-0964707606882478:652l7hswbgv&ie=UTF-8&q=Lowells+Claimform+-+old+Cap1+Card+'debt'+&sa=Search+CAG#gsc.tab=0&gsc.q=Lowells%20Claimform%20-%20old%20Cap1%20Card%20'debt'&gsc.page=1

[stephenXL]

Is it possible to apply to the court for a stay, until compliance is met (prior to filing a defence)?

 

No ...and there should be no need to...you are simply allowing further time for them to conjure up copy and paste and stitch together documents

 

Thanks, it was a question put to me by my friend who is currently abroad trying to make funeral arrangements for someone. So I am speaking with him on the phone trying to move this all forward in his absence.

[AndyOrch]

Defence is due tomorrow before 4.00pm

[stephenXL]

Thanks Andy,

 

I'm struggling with that to be honest.

 

Hopefully I'll draft a suitable defence by aroung midday.

[AndyOrch]

No problem I will be around to check it.

[dx100uk]

link in post 32 refers.

[stephenXL]

Here is the opening volley.

Btw my friend is adamant that he did not receive a Letter before Action. Hence the referal to the claim form issue itself

 

Particulars of Claim

 

1) The Defendant entered into a consumer credit Act 1974 regulated agreement with Capital One 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 the Claimant on 24/06/2015 and notice given to the Defendant.

 

4) Despite repeated requests for payment, the sum of £860.40 remains due and outstanding.

 

And the Claimant claims

a) The said sum of £860.40

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 £0.189, but limited to one year, being £68.83

 

c) Costs Total £1059.23

 

 

1.The defendant contends that the particulars of the 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.

 

2. Upon receipt of the Claim Form (issue date 16 FEB 2017) On 1st March 2017 I sent a request under s78 of the Consumer Credit Act to the claimant, (received 2nd March 2017) to date I have received no reply and as such s78 (6) CCA applies. The claimant has failed to comply with the formal request pursuant to s.78 of the Consumer Credit Act 1974 to provide a copy of the credit agreement and any other documentation the Act requires them to provide.

 

3. Upon receipt of the Claim Form (issue date 16 FEB 2017) On 1st March 2017 I sent a CPR 31:14 Request to the solicitors acting on behalf of the claimant, (received 2nd March 2017)

The Solicitors have not met the requirements with a formal request pursuant with CPR 31:14 to provide the true copy of the agreement, Default Notice or Notice of Assignment.I have received a letter from the claimant’s solicitor stating that they do not have copies of the agreement, statements and default notice available. They have however, provided an alleged “letter of assignment.”

 

As such they remain non-compliant with their CPR 31 duties.

 

4. It is therefore denied with regards to the Defendant owing any monies to the Claimant; to date, the Claimant has failed to provide any evidence of credit agreement/default notice requested by CPR 31.14 and s.78 consumer credit Act 1974 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 and evidence the nature of any breach and service of a Default Notice;

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

[AndyOrch]

You must respond to their points 1/2/3 in particular..you either admit or deny as per the examples you have viewed...anything you do not respond to will be taken as an admittance by the court.

 

Particulars added for cross reference.

 

Andy

[stephenXL]

Hi Andy,

I would welcome your comments on this.

 

 

1.The defendant contends that the particulars of the 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.

 

2. Paragraph 1 is noted and accepted. I have in the past had financial dealings with Capital One (Europe). I do not recall the precise details and have sought verification from the claimant by way of CPR 31.14 and CCA section 78 request.

 

3. Paragraph 2 is denied. A default notice was never received. The Claimant is put to strict proof that a default notice was issued to and received by the Defendant pursuant to s.87(1) CCA.

 

4. Paragraph 3 is denied. I am unaware of any legal assignment served in 2015 by either the claimant or Capital One (Europe).

 

5. Paragraph 4. It is therefore denied with regards to the Defendant owing any monies to the Claimant; to date, the Claimant has failed to provide any evidence of credit agreement/default notice requested by CPR 31.14 and s.78 Consumer Credit Act 1974 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 and evidence the nature of any breach and service of a Default Notice;

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

 

6. Upon receipt of the Claim Form (issue date 16 FEB 2017) On 1st March 2017 I sent a request under s78 of the Consumer Credit Act to the claimant, (received 2nd March 2017) to date I have received no reply and as such s78 (6) CCA applies. The claimant has failed to comply with the formal request pursuant to s.78 of the Consumer Credit Act 1974 to provide a copy of the credit agreement and any other documentation the Act requires them to provide.

 

7. Upon receipt of the Claim Form (issue date 16 FEB 2017) On 1st March 2017 I sent a CPR 31:14 Request to the Claimants solicitors acting on their behalf, (received 2nd March 2017)

The Claimants Solicitors have not met the requirements with a formal request pursuant with CPR 31:14 to provide the true copy of the agreement, Default Notice or Notice of Assignment.

 

I have received a letter from the claimant’s solicitor stating that they do not have copies of the agreement, statements and default notice available. They have however, provided an alleged “letter of assignment.”

As such they remain non-compliant with their CPR 31 duties.

[AndyOrch]

Better but far too many references to Sec78 and CPR 31.14 requests...1 paragraph is all that is required...

[AndyOrch]

Keep it simple as per the following.....

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?474814-Hoist-Cohen-Court-Claim-Barclaycard-debt-Statute-barred-or-no-paperwork-defence

[stephenXL]

How does this stand up?

 

Particulars of Claim

 

1) The Defendant entered into a consumer crediticon Act 1974 regulated agreement with Capital Oneicon 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 the Claimant on 24/06/2015 and notice given to the Defendant.

 

4) Despite repeated requests for payment, the sum of £860.40 remains due and outstanding.

 

And the Claimant claims

a) The said sum of £860.40

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 £0.189, but limited to one year, being £68.83

 

c) Costs Total £1059.23

 

1.The defendant contends that the particulars of the 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.

 

2. Paragraph 1 is noted and accepted. I have in the past had financial dealings with Capital One (Europe). I do not recall the precise details and have sought verification from the claimant by way of CPR 31.14 and CCA section 78 request.

 

3. Paragraph 2 is denied. A default notice was never received. The Claimant is put to strict proof that a default notice was issued to and received by the Defendant pursuant to s.87(1) CCA.

 

4. Paragraph 3 is denied. I am unaware of any legal assignment served in 2015 by either the claimant or Capital One (Europe) Pursuant to the Law and Property Act 1925

 

5. Paragraph 4. It is therefore denied with regards to the Defendant owing any monies to the Claimant; to date, the Claimant has failed to provide any evidence of credit agreement/default notice requested by CPR 31.14 and s.78 Consumer Credit Act 1974 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 and evidence the nature of any breach and service of a Default Notice;

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

 

6. Upon receipt of the Claim Form (issue date 16 FEB 2017) On 1st March 2017 I requested copies of the documents that the claimants claim relies upon, by way of a CPR 31.14 request and a section 78 request.To this date the claimant has failed to comply to my requests apart from an alleged Notice of Assignment and remains in default of the section 78 request and therefore prevented from enforcing any agreement until such time it can comply.

 

7. Furthermore the claimants Solicitor have responded stating that they have no agreement, statements nor default notice available,

 

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

 

9. 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 82 A of the Consumer Credit Act 1974.

 

10. 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, including the s.69 interest claimed.

Edited March 20, 2017 by Andyorch
edited.

[stephenXL]

Keep it simple as per the following.....

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?474814-Hoist-Cohen-Court-Claim-Barclaycard-debt-Statute-barred-or-no-paperwork-defence

 

Sorry Andy I missed this post, working quickly to revise.

[AndyOrch]

Defence now complete in post#43

[stephenXL]

How does this look??

 

1.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.

 

2. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant. The claimant has failed to provide any evidence of agreement/contract/breach as requested by CPR 31.14 and is in default of a Section 78 request.

 

3. Paragraph 2 is denied as The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued to and received by the

Defendant.

4 Paragraph 3 The Defendant maintains that a notice of assignment was never received.

Regarding paragraph 3, 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.

 

5. On the 1st March 2017, I made a legal request by way of a section 78 request to the Claimant. The Claimant has not yet produced the requested documents therefore I am currently unable to fully defend this claim.

 

6. On receipt of this claim I requested by way of a CPR 31.14 request copies of the documents referred to within the Claimant’s particulars to establish what the claim is for.

 

 

7. I have received a letter from the claimants solicitor stating that they have no copy agreement, nor statements nor default notice available. They have however sent a copy of an alleged “letter of assignment”

8. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed and evidence any breach and notice of breach by way of a default notice or

notice of sums in arrears.

 

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.

 

9. 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.

Getting close to time limit here

 

Defence now complete in post#43

 

Wow thanks Andy, does point 2 leave us a bit exposed though? Lowells being the claimant in this case?

would this be pushing it a bit?

2. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant. The claimant has failed to provide any evidence of agreement/contract/breach as requested by CPR 31.14 and is in default of a Section 78 request.

 

I'll go with whatever you suggest,

 

Do I have to put all the stuff in Red into the defence?

Either way can MCOL accept copy and paste?

 

now I cant get on to mcol because I dont know where his defence password is, logged in to mcol cant get beyond to file the defence.

[AndyOrch]

Wow thanks Andy, does point 2 leave us a bit exposed though? Lowells being the claimant in this case?

would this be pushing it a bit?

2. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant. The claimant has failed to provide any evidence of agreement/contract/breach as requested by CPR 31.14 and is in default of a Section 78 request.

Yes thats tantamount to perjury

 

I'll go with whatever you suggest,

 

Do I have to put all the stuff in Red into the defence? No thats for myself checking the defence and that you have responded to each plea.

 

Either way can MCOL accept copy and paste?

 

Andy

[stephenXL]

Thanks Andy, I have just managed to file the defence with about 3 minutes to spare.

 

Lets see what happens.

 

Thanks everyone for all the help and assistance

[AndyOrch]

Thanks Andy, I have just managed to file the defence with about 3 minutes to spare.

 

Lets see what happens.

 

Thanks everyone for all the help and assistance

 

[stephenXL]

Hiyya,

Having sent CCA s78 request posted guaranteed(received 2nd March) claimant has not provided relevant papers.( nor have they even acknowleged receipt)

Also, sent CPR31:14 to claimants solicitors, posted same way (received 2nd March) they sent a dubious copy of a "letter of assignment", along with an explaination they did not have other information and other relevant documents available.

 

Where do we stand?

Our Defence (no paperwork) has been filed.