Lowell Claimform - old very CAT debt

[AndyOrch]

Not really...as stated its the defendants responsibility to acknowledge service...irrespective of any agreed extension to the defence date...and again as stated you cant extend an acknowledgment date.

[im4347]

Hi All

 

Lowell have set aside the judgment and have removed the registration

 

I was very persistent about the time extension that they had given me due to my circumstances, which they didn't stick to and I gave them an earful regarding the judgment and after speaking to numerous people at Lowell I eventually got through to the management and got them to set aside the judgment.

 

The court letter states that the judgment was requested wrongly due to an admin error and I have 14 days to respond to the claim from.

 

Any advise would be highly appreciated.

 

Regards,

IM

[AndyOrch]

Excellent ...so now refer to my post #5 and tell us about the debt...as we dont have any details as yet or the claim.

 

Andy

[im4347]

Name of the Claimant ?

Lowell Portfolio Limited

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.

24th March (i have now 14 days from 16th June 2017 to respond)

 

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down.

1) the Defendant entered into a consumer credit Act 1974 regulated agreement with Shop Direct under account ref XXXXX

(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 (Lowell Portfolio Ltd) on 16/9/2016 and notice given to the defendant

4) despite repeated request for payment the sum of £xx remains due and outstanding

And the claimant claims

(a) the said sum of £xx

(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 £0.147, but limited to 1 year, being £27.xx

© costs

What is the value of the claim?

£700

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?

catalogue

 

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

After 2007

 

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.

Debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?

The only Notice i received is Lowell Financial Ltd passing it onto Lowell Solicitors Ltd

 

Did you receive a Default Notice from the original creditor?

No

 

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

No

 

Why did you cease payments?

Financial difficulty

 

What was the date of your last payment?

March 2016

 

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 i did, i spoke with customer services and explained my financial difficulty and requested an appropriate payment plan. The plan he offered was unrealistic which i did point out to him but he said that was the best he could do.

[dx100uk]

Well done!!

 

Dx

[im4347]

bump

[dx100uk]

why are you bumping this>

 

 

 

 

dx

[im4347]

Hi Dx

 

Thanks for replying, I have 14 days from

16th June to reply to the claim form, I have sent all the info requested by Andy.

 

Regards,

IM

 

 

 

 

dx

[dx100uk]

so back to square one then?

you have to file a defence.

[AndyOrch]

Start looking at some of the holding defences now in the Financial Legal Success Forum and have a go at drafting a response to their claim

 

Regards

 

Andy

[im4347]

Hi Andy

 

Please see below draft defense, please do let me know of any amendments/additions.

 

1. This claim is for £700 the amount due under an agreement between the original creditor and the defendant to provide finance and / or services and / or goods.

 

2. This debt was assigned to / purchased by Lowell Portfolio 1 Ltd on 16/09/2016 and notice served pursuant to the law of property act 1925

 

Particulars

Re:Shop Direct

A/C No ********

 

And the claimant claims £700

 

The claimant also claims interest pursuant to S69 county court act 1984 from 16/09/2016 to date at 8% per annum amounting to £27.00

 

Defence

 

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. The claim is denied with regards to an amount due under an agreement. The Claimant/Solicitor has refused to disclose any agreement or statements on which its claim relies upon.

 

3. Paragraph 2 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served over 9 months ago.

 

4. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement with the Claimant; 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;

 

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

 

6. On the alternative, if 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.

 

7. 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.

 

Do I need to do a CCA request or will my defence be ok?

 

IM

[dx100uk]

that's not your particulars of claim....

[im4347]

Hi DX

 

Sorry amended as follows:

 

1) the Defendant entered into a consumer credit Act 1974 regulated agreement with Shop Direct under account ref XXXXX

(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 (Lowell Portfolio Ltd) on 16/9/2016 and notice given to the defendant

 

4) despite repeated request for payment the sum of £700 remains due and outstanding

And the claimant claims

(a) the said sum of £700

(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 £0.147, but limited to 1 year, being £27.xx

© costs

 

Defence

 

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. The claim is denied with regards to an amount due under an agreement. The Claimant/Solicitor has refused to disclose any agreement or statements on which its claim relies upon.

 

3. Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served over 9 months ago.

 

4. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement with the Claimant; 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;

 

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

 

6. On the alternative, if 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.

 

7. 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.

[dx100uk]

your 3 their papa 2 mentions DN not assignment...

[im4347]

Hi DX

 

Amended

[dx100uk]

now answer the DN para..

you must reply to each of their 'claims'

[im4347]

1) the Defendant entered into a consumer credit Act 1974 regulated agreement with Shop Direct under account ref XXXXX

(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 (Lowell Portfolio Ltd) on 16/9/2016 and notice given to the defendant

 

4) despite repeated request for payment the sum of £700 remains due and outstanding

And the claimant claims

(a) the said sum of £700

(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 £0.147, but limited to 1 year, being £27.xx

© costs

 

Defence

 

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. The claim is denied with regards to an amount due under an agreement. The Claimant/Solicitor has refused to disclose any agreement or statements on which its claim relies upon.

3. Paragraph 2 is denied as I am unaware of any Default Notice being served.

 

4. Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served over 9 months ago.

 

Therefore 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 the breach and service of a valid 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;

 

5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14

 

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

 

7. On the alternative, if 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.

 

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.

[dx100uk]

looks ok if andy pops up before you need to file it all well and good.

 

was mcol opened up again after the set aside do you know

 

if not

you can email that to the court on the due day.

 

might pay you to get cca / cpr running.

[im4347]

Hi Dx

 

Yes MCOL is now open again to file the defence, I'll wait for Andy to have a look too and in the meantime I'll confirm with court the exact due date as it was 14days from 16th June.

 

If you think it's a good idea to get the cca/CPR request going then I can get that out to them.

 

Many thanks

IM

[dx100uk]

you must you need something to defend against..with

[dx100uk]

get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

don't sign anything

.

dx

[AndyOrch]

Made a few edits to the above .......you need to add section 78 if you are sending a request and your point 2 is not a valid reason to deny owing any monies.......the claimant is not compelled to disclose any documents until after a defence has been submitted and the claim progresses to allocation/disclosure stage.

 

Regards

 

Andy

[im4347]

Hi Andy

 

Thanks for replying, shall I remove Point 2 altogether?

 

I take it that I need to add Section 78 to the defence?

 

The Claimant is Lowell Portofolio I Ltd

The Solicitors are Lowell Solicitors

 

So am I correct in sending the CCA request to Lowell Portofolio 1 Ltd as they are the Claimant on the Claim Form?

 

And the CPR request to Lowell Solicitors?

 

 

IM

[dx100uk]

https://cse.google.co.uk/cse?cx=partner-pub-0964707606882478:652l7hswbgv&ie=UTF-8&q=the+defendant+failed+to+maintain+the+required+payments+and+a+default+notice+was+served+and+not+complied+with+&sa=Search+CAG#gsc.tab=0&gsc.q=the%20defendant%20failed%20to%20maintain%20the%20required%20payments%20and%20a%20default%20notice%20was%20served%20and%20not%20complied%20with%20cat

 

look at the defence used in the above threads.

 

get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

don't sign anything

.

dx

[im4347]

Hi Dx & Andy

 

I sent off the CCA & CPR Requests today.

 

Here's the amended defence:

 

1) the Defendant entered into a consumer credit Act 1974 regulated agreement with Shop Direct under account ref XXXXX

(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 (Lowell Portfolio Ltd) on 16/9/2016 and notice given to the defendant

 

4) despite repeated request for payment the sum of £700 remains due and outstanding

And the claimant claims

(a) the said sum of £700

(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 £0.147, but limited to 1 year, being £27.xx

© costs

 

Defence

 

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 2 is denied I have never received 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 9 months ago.

 

4. On the 25th June 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 failed to date to respond to the CPR and remains in default of the section 78 request.

 

5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore 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 the breach and service of a valid 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;

 

6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14

 

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

 

7. On the alternative, if 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.

 

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.