Lowell claimform - old JDW CAT debt***Claim Discontinued***

[AndyOrch]

Post #52......Is a newer version I have recently drafted

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?477223-Lowell-Claimform-old-very-CAT-debt/page3

 

Andy

[stuggling]

Thank you I'll update when kids in bed thank you

[stuggling]

Particulars of Claim for reference only

 

1.The claim is for the sum of £618.30 due by the Defendant under the agreement regulated by the consumer credit act 1974 for JD Williams account with and account reference of ---------

 

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

 

3.the debt was legally assigned to the claimant on 31/mar/2014, notice of which has been given to the defendant.

 

4.The claim includes statuary 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 proceedings in the sum of £49.46.

The claimant claims the sum of £667.76

 

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 1 is noted and it is accepted insofar that I have once held a contractual relationship with JD Williams. I do not recollect the details nor am I aware of any outstanding balance that the claimant refers to and have therefore sought clarity from the claimant given that that they are the assignee of this alleged debt and have very little knowledge of what they are claiming and do not appear to be able to disclose any further details by way of CPR 31.14.

 

3. Paragraph 2 is denied I have never received any Default Notice from the original creditor nor the claimant*

 

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

 

5. On the 15th 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.

 

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,

 

(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;

 

7. 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

 

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

 

9. 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.*

 

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.

[AndyOrch]

the debt was legally assigned to the claimant on 31/mar/2014,

 

 

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

 

39 months ago or 3 years and 3 months ago.

 

You need to challenge their section 69 interest also.

 

Rest is fine struggling.

[stuggling]

1.The claim is for the sum of £618.30 due by the Defendant under the agreement regulated by the consumer credit act 1974 for JD Williams account with and account reference of ---------

 

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

 

3.the debt was legally assigned to the claimant on 31/mar/2014, notice of which has been given to the defendant.

 

4.The claim includes statuary 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 proceedings in the sum of £49.46.

 

The claimant claims the sum of £667.76

 

 

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 1 is noted and it is accepted insofar that I have once held a contractual relationship with JD Williams. I do not recollect the details nor am I aware of any outstanding balance that the claimant refers to and have therefore sought clarity from the claimant given that that they are the assignee of this alleged debt and have very little knowledge of what they are claiming and do not appear to be able to disclose any further details by way of CPR 31.14.

 

3. Paragraph 2 is denied I have never received any Default Notice from the original creditor nor the claimant*

 

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

 

5. Paragraph 4 is denied. Given that the claimant alleges the debt was assigned from 31st March 2014 it has allowed 3 years and 3 months for interest to accrue.This is unfair and should be dismissed by the court given that the claimant has failed to serve any Notice of Sums in Arrears during the 3 years. Should it deem it fit to allow any I understand it should be capped to 12 months.

 

6. On the 15th 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.

 

7. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant is put to strict proof to disclose:-

 

(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;

 

8. 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

 

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

 

10. 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.*

 

11. 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.

[AndyOrch]

Checked and added section 69 interest point 5.

[stuggling]

Thank you will submit now, thank you

[stuggling]

all submitted hopefully update soon, thank you guys

[AndyOrch]

[stuggling]

Got a response to either defend or mediation

 

shall do it all today as due by 31st July will send 1st class recorded, and then get my witness statement done, so i send that with the document?

 

Unfortunately it was lost in post got it in a royal mail bag saying sorry your post was damaged, ill get all the tick boxes done and sent asap thank you

[AndyOrch]

So you have received the Directions Questionnaire...N180 ?

 

Apologies I thought you had received Notice of Allocation...yes simple to complete...yes to mediation.....yest to Small claims Track......name your local county court ...1 witness (you)...run 3 copies ....court /claimants sol/file.

 

 

Andy

[stuggling]

yes sorry thats what i received a directions questions

[stuggling]

just checked status of delivery and they attempted to deliver on a saturday! when i made clear i wanted monday and even over paid for it to be a certain day!

 

please tell me the courts have a post person who collects from royal mail! im fuming!!

[dx100uk]

wont hurt

you are a LiP

litigant in person so you are given certain leeways.

dx

[stuggling]

thank you, i can rearrange delivery for tuesday but im presuming courts will collect post ill call them tomorrow hopefully sorted

[stuggling]

I can't log into moneyclaim! I know password is correct will have to call them tomorrow

[dx100uk]

if not you can always email

[stuggling]

I've just noticed so will email, also noticed post was collected huge relieve!

[stuggling]

Had a letter today saying Lowell are dropping the case,

they enclosed a copy of the document they sent to courts to stop proceedings and to drop the matter

[dx100uk]

you mean a notice of disc'd?

[stuggling]

Yep sorry

[dx100uk]

great you won!

 

 

give it until next mid week and phone the court and check

 

 

dx

[stuggling]

Fab thank you guys!!!

[AndyOrch]

Well done struggling another one less for their coffers....

 

Thread title amended to reflect the outcome.

 

Regards

 

Andy