Lowell Claimform - Old Welcome Finance loan

[Dramicus]

Hi Guys & Gals,

 

Looking for a touch of help as this is, unfortunately, beyond my scope :-/

 

I'll be sending of the CCA Request & CPR 31.14 today.

 

Details below

-----------------

Name of the Claimant ? Lowell Solicitors Limited

 

Date of issue – 19 Jun 2017

 

Date to acknowledge) = 07.07.17

 

 

date to submit defence = 21.07.17

 

What is the claim for –

1) The Defendant entered into a Consumer Credit Act 1974 regulated agreement with Welcome Finance 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 30/08/2012 and notice given to the Defendant.

4) Despite repeated requests for payment, the sum of £3,524.07 remains due and outstanding.

And the Claimant claims

a) The said sum of £3,524.07

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 £0.772, but limited to one year, being £281.93

c) Costs

What is the value of the claim? £4,000

 

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

 

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

 

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? Assigned & Debt Purchaser

 

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

 

Did you receive a Default Notice from the original creditor? Honestly can't remember...

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Again, not sure - usually threw their letters in the waste.

 

Why did you cease payments? Financial difficulties & Moved properties (renting)

What was the date of your last payment? Dec 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? No

 

 

-----

I did take the loan out with Welcome... must have been around 2009ish? But after checking some other links online I thought I might be able to combat it in regards to mis-sold PPI and other tidbits, but I'd rather get some better advice before I put anything stupid into my defence form T_T

 

Thanks in advance o/

[dx100uk]

was this the Only welcome loan you've had?

[Dramicus]

This is the only Welcome loan I have had.

[dx100uk]

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

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

[Dramicus]

Thanks dx,

 

Gone through as advised and received the AoS - Confirmation page.

 

Will get the CCA and CPR requests sent off via recorded today.

 

 

You are a legend, Danke.

[swisstoni]

Dramicus - They are a very good informative bunch on here...just keep posting updates and don't do anything without first taking advice off here... It is pretty much straight forwards with help. Start reading up on similar threads with regards to defending claims as well....

[Dramicus]

Cheers swisstoni,

 

Well, both of the requests are sent off - obviously I've kept the receipt for the PO and tracking numbers for the recorded service.

 

Guessing it's just the waiting game now.

 

o7

[dx100uk]

now go read other like claim threads here and the successes forum off of this one

[Dramicus]

Thanks DX, reading through the forums as though they are a Tolkien novel!

 

Also, bit of an update, received a letter / Notice of Claim Issue from Lowell Solicitors today (Dated 26/06/16) which is a week after they appear to have lodged the claim against me.

 

Not received any of the requested paperwork back as of yet though.

[dx100uk]

good

[Dramicus]

So, pretty much all quiet on the Western front still.

 

Received a letter from the Solicitors today but still nothing from the Claimant as of yet.

 

http://imgur.com/a/Z5lD6

 

Tick tock Lowells....

[Dramicus]

Bit strange that the only Letterheaded letter was the one from the Solicitors themselves - I smell a rat :-|

[Old Cogger]

Lowells solictors PO Box Northampton what does it say smell a rat tells us nothing >??

[AndyOrch]

Upload link corrected

[Dramicus]

Upload link corrected

 

Thanks Andy - I didn't have permissions to post the true link

[Dramicus]

Lowells solictors PO Box Northampton what does it say smell a rat tells us nothing >??

 

It just seems somewhat odd that the Notice from Welcome doesn't even have their address on it

[AndyOrch]

I think its in connection to first line of their letter being that the phone number has changed and have therefore blocked it out?

[Dramicus]

Well, getting closer to D-Day and still no further letters or correspondence from either the Solicitors or the Claimant - going to start penning up my defense submission.

[dx100uk]

no paperwork/holding defence

[Dramicus]

So, this is where I'm sitting at the moment - would appreciate any feedback.

 

 

Dear Sir or Madam,

 

The defendant denies any & all claims of indebtedness as so alleged by the claimant to any & all sum(s) claimed and puts the claimant/claimants solicitor to strict proof of each and every fact pleaded in their particulars of claim.

 

 

Lowell Solicitors Ltd acting on behalf of the debt collection agency (Lowell Financial Ltd) have failed to produce the requested paperwork from the defendants CCA and CPR31.14 requests, this does not follow CPR rules.

 

 

a) The defendant made a written request to the claimant and Solicitors on 26th June 2017 (Recorded mail references & received by details) to be provided with documentary proof of the facts pleaded in their particulars of claim, all of these requests have been ignored.

 

b) The defendant requires by reason of the provisions of CPR PD 16 para 7.3, that the claimant/ claimants solicitor do provide a certified copy of the alleged written agreement referred to in the particulars of claim, as the defendant recalls signing no such document.

 

c) The defendant requires that in accordance with s.136 (1) of the law of property act 1925, that the claimants solicitor do provide proof of absolute assignment, by providing a certified copy of the deed of assignment between the assignor and Lowell Financial Limited to show proof that Lowell Financial Limited had complete transfer and ownership ( all rights, title, interest, benefits and liabilities) and that they have the power to give good discharge pursuant to s.136 (1) © of the law of property act. As referred to in the particulars of claim.

 

d) The defendant requires that in accordance with s.136 (1) of the law of property act 1925, that the claimants solicitor do provide a copy of the notice of assignment, by providing a certified copy of the notice of assignment between the assignor and Lowell Financial Limited to show proof that Lowell Financial Limited had complete transfer and ownership ( all rights, title, interest, benefits and liabilities) and that they have the power to give good discharge pursuant to s.136 (1) © of the law of property act. As referred to in the particulars of claim

 

e) The defendant requires that in accordance with s.136 (1) of the law of property act 1925, that the claimants solicitor do provide a copy of default letter, by providing a certified copy of default letter between the assignor and Lowell Financial Limited to show proof that Lowell Financial Limited had complete transfer and ownership ( all rights, title, interest, benefits and liabilities) and that they have the power to give good discharge pursuant to s.136 (1) © of the law of property act. As referred to in the particulars of claim.

 

f) Without these documents the defendant is unable to construct a proper defence and upon providing the above documentation the defendant be given the opportunity to submit an amended defence.

 

The defendant believes that the facts stated in this defence are true

 

 

Yes, this is a template that I sodomised for my use - I'm hoping it covers my bases, but as I said, any advice / criticism would be gladly taken.

[dx100uk]

urh..that's not our holding/n paperwork defence

not from here that's for sure

load of ole twaddle...

 

pst... As I said in post 8 ..you need to read a few thread here on cag..

 

according to your profile

you've not read one other thread here at all.

searcg CAG box top read toolbar

 

Lowell claimform loan

[Dramicus]

urh..that's not our holding/n paperwork defence

not from here that's for sure

load of ole twaddle...

 

pst... As I said in post 8 ..you need to read a few thread here on cag..

 

according to your profile

you've not read one other thread here at all.

searcg CAG box top read toolbar

 

Lowell claimform loan

 

 

Brutal, I love it.

 

I usually read through CAG while I'm at work, so not logged in - only log in to reply to this thread (at the mo).

 

The template I used was one a friend steered me towards so I figured I'd get some honest feedback (again, brutal ).

 

I'll have something with the right bite after I've eaten some dinner.

 

Cheers dx, love yah

[AndyOrch]

Brutal, I love it.

 

I usually read through CAG while I'm at work, so not logged in - only log in to reply to this thread (at the mo).

 

The template I used was one a friend steered me towards so I figured I'd get some honest feedback (again, brutal ).

 

I'll have something with the right bite after I've eaten some dinner.

 

Cheers dx, love yah

 

Dont mince his words does he

[dx100uk]

[Dramicus]

So, after dx's poke, I re-visited my original defense and took some further pointers and took out the following...

 

The Defendant contends that the particulars of claim are extremely vague. 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 accepted insofar as its admitted I have held in the past had a financial agreement with Welcome Finance. I do not recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and CCA Section 77 request.

 

2. Paragraph 2 of the claim 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 any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1).

 

4. On receipt of the claim form, I the Defendant sent a request by way of a Section 77 request pursuant to the Consumer Credit Act 1974 for a copy of the agreement, by Royal Mail 1st Class Recorded Delivery, the Claimant has yet to comply and as such is in default of said request.

 

I have also requested by way of a CPR 31.14 request copies of the documents referred to in the particulars,the claimant's solicitor has failed to respond in context.

 

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

 

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

(b) show and evidence any breach and service of a Default Notice; and

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

 

7. 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.

 

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.

 

Regards

 

Will drop it off onto MCOL shortly