Lowell Claim Form - old CAT 'debt'

[naftalina]

About 20 days ago a submitted defence on a debt catalogue as the solicitors and DCA had hot responded to my letters to supply CCA etc.

 

I had acknowledgement from court and waiting for them to defend.

 

I have received a Notice of propose allocation to small claims track from the court saying Lowell have defended and that the claim appears to be suitable for allocation to a small claims track

 

I also have a small claims directions questionnaire asking me to fill in if i believe this claim is not suitable for small claims track and must do by 27/03.

 

They send a copy of the agreement without a signature, nor date nor a box ticked?

 

are trying to get a copy of Default notice and they are hoping we can sort it out without a hearing.

 

want mediation. any advice on this?

 

Many thanks,

[AndyOrch]

Thread moved to Financial Legal Issues.

 

If you would read the following link and then copy and paste the Qs and your responses back here then we have history to enable us to advise.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**(1-Viewing)-nbsp

 

Regards

 

Andy

[naftalina]

Name of the Claimant ? LOwell

 

Date of issue – 10th January 2017

 

Date of issue – submitted defence 12th March 2017 Asked for Agreement / Contract, Notice of Assignment and Default Notice but none received

 

Particulars of Claim

 

Particular of the claim,

 

1 The claim is for the sum of xxxxx due by the defendant under an agreement regulated by the Consumes Credit Act 1974 for a Shop Direct account with a reference of xxxx

 

2 The defendant failed to maintained contractual payments required by the agreement and the default notice was served under s.87(1) of the consumers credit act 1974 which has not been complied with.

 

3 The debt was legally assigned to the claimant on 12/2/1016 notice of which has been given to the defendant.

 

4 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 these proceeding in sum of xxxxxx

 

What is the claim for –Catalogue account

What is the value of the claim? £9099.36 plus £658.15 statutory charges plus £410 court fee plus £100 legal costs. A total of £10267.51.

 

When did you enter into the original agreement before or after 2007? 2000

 

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. By Debt purchase Lowell POrtfolio

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure as lots of post ignored because of health and personal circumstances

Did you receive a Default Notice from the original creditor? Not sure

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not sure

 

Why did you cease payments? Sometime Last year

 

What was the date of your last payment?

 

Was there a dispute with the original creditor that remains unresolved? ?

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? Yes but they were not interested

[AndyOrch]

Can you possibly post a copy of the defence you have submitted please naftalina

 

Andy

[naftalina]

Copy of defence here.

Lowell Portfolio I Ltd v [nafta]

Court Claim No. XXXXXXXX

 

 

 

 

1: I received the claim xxxxxxxx from the Northampton County Court Business centre on 10 Jan 2017

 

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

 

3: This claim is for a Catalogue Account agreement regulated under the Consumer Credit Act 1974.

 

4: It is denied that the Defendant has previously entered into an agreement with Shop Direct for provision of credit.

 

4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

 

5. The particulars of claim fail to state when the agreement was entered into.

 

6. The Claimants statement of case states that the account was assigned from Shop Direct to Lowell Portfolio I Ltd on 12 Feb 2016. The Defendant does not recall receiving notice of this assignment.

 

7. It is denied that Shop Direct served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

 

8: On the 18 Jan 2017 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Cohen Cramer Solicitors. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment .

 

9. Cohen Cramer Solicitors has not sent any of these documents to me.

 

10. On the 18 Jan 2017 I sent a formal request for a copy of the original agreement to Lowell Portfolio I Ltd pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

 

11. The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

 

12: The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.

 

13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

 

14. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

 

15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

 

16. It is denied that the Claimant is entitled to the relief as claimed or at all.

 

Statement of Truth

 

The Defendant believes that the facts stated in this Defence are true.

[AndyOrch]

Many thanks.....

 

Okay you state that you have sent a CCA to the DCA....was that Lowells ?

 

Have you sent a CPR 31.14 ?

 

With regards to completing the DQ N180...follow this thread...in particular the last few posts...

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?474666-Lowell-cohen-claimform-old-orange-mobile-debt/page3

[naftalina]

sent cca to Lowells and CPR to solicitors.

 

never received a thing apart from now almost 28 days to make the claim stayed.

 

By the way. solicitors have changed

 

also T&C sent might be later than 2000.

 

Do you now what time period v24.0 T&Cs refer to?

[naftalina]

Many thanks.....

 

 

With regards to completing the DQ N180...follow this thread...in particular the last few posts...

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?474666-Lowell-cohen-claimform-old-orange-mobile-debt/page3

I have looked at that but I am not sure. It says to say no to a part of documents and to senf it unsugned?

[dx100uk]

Sols copy goes unsigned

Court one you sign

Say yes to docs

Gives them more time to respond

[dx100uk]

Also you need to scan up the account docs they've sent