Lowell Claimform - old JDW CAT debt

[dodgersmad]

Claimant -Lowells

 

Date of Claim...02 Oct 2017

 

What is the claim for –

 

1 the defendant opend a jd Williams reg consumer credit acc under refxxx on 18/03/2008 (the agreement)

2 in breach of agreement the defendant faled to maintain the required payments and the agreement was terminated.

3 the agreement was later assigned to the claimant on 20/12/2012 and written notice given to the defendant.

4 despite repeated requests for payment the sum of £1530.00 remains due and outstanding,

and the claimant claimes

a.the said sum of £1530.00

b. interest pursuant to s69 count courts cost 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 £0.335 but limited to one year, being £122.40

c costs

 

What is the value of the claim? £1837.40

 

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

 

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. Debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? no

 

Did you receive a Default Notice from the original creditor? no but not sure

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? no

 

Why did you cease payments?was made redundant

 

What was the date of your last payment?4 or 5 years ago

 

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

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? yes

What you need to do now. we dont have any paper work for this and not sure were to start,i will be responding to claim and sending the sar ect out

[AndyOrch]

And the date on the claim form please dodgers ?

[dodgersmad]

issue date 02 oct 2017 this is my wifes,and i have done a credit check on her file no records apart for a ccj

1QB0xxxxx County Court Judgment Active,Name Mrs xxxxxxx, address xxxxxx, xxxxxxx, xxxxxxx, xxxxxx

Judgment date 12/12/2011

Amount £ 1,652

Court name Northampton Ccbc

 

no other info but it looks like the same amount excluding costs

[AndyOrch]

Well according to their particulars..this one was only assigned in 2012...and it has yet to be judged and processed..so wont be on her file....yet.

[dodgersmad]

ok thanks re ccj i will have to try and check on that one to see what it is for

[AndyOrch]

ok thanks re ccj i will have to try and check on that one to see what it is for

 

Yes..this is a completely different claim..start a new thread for the other..keep it separate.

[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

[dodgersmad]

thanks dx done aos will send cca and cpr tomorrow

[dodgersmad]

Hi Dx i did the aos on the 10/10 and s78 to claimant on the 17/10 and cpr to the sol on the 17/10 thay both received them on the 18/10 the claim was on the 2/10 have i got until the 4/11 till i get my deference logged.

 

done so far, im i on the right way of thinking

 

1 the defendant opend a jxxxxxx reg consumer crediticon acc under refxxx on 18/03/2008 (the agreement)

 

2 in breach of agreement the defendant faled to maintain the required payments and the agreement was terminated.

 

3 the agreement was later assigned to the claimant on 20/12/2012 and written notice given to the defendant.

 

4 despite repeated requests for payment the sum of £1530.00 remains due and outstanding,

 

 

and the claimant claimes

a.the said sum of £1530.00

b. interest pursuant to s69 count courts cost 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 £0.335 but limited to one year, being £122.40

 

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 Claimant claims £1837.40 is owed under a regulated consumer credit account under reference xxxxx with Jxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.

 

3. The Claimant's statement regarding the assignation of the debt is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served on xxxxxxx from either the Claimant or xx Wixxxx.

 

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

 

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

(b) show and evidence any cause of action and service of a 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. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77 request, copies of the documents referred to within the Claimant's Particulars of Claim to establish what the claim is for. To date the Claimant's solicitors, Lowell Portifolio 1 LTD, have failed to fully comply with this request.

 

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 crediticon 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.

Edited October 20, 2017 by dodgersmad
left a number in

[dx100uk]

Due 3rd by 4pm

Point 2 needs work

[dodgersmad]

is this any better?Dx

 

The Defendant contends that the particulars of claim vague and are 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.

 

1. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a Letter of Claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

 

2. The Claimant claims £1837.40 is owed under a regulated consumer credit account under reference with JD Williams. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 77 request who are yet to fully comply.

 

3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments.

 

4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.

 

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 any cause of action and service of a Default Notice or termination 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. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.

 

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

 

8. 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 82A of the consumer credit Act 1974.

 

9. 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.

Edited October 24, 2017 by Andyorch
Added PAPDC detail

[AndyOrch]

Thats fine...you will note I have added a new point 1 given that this claim was served post October 1st and now includes the claimants failure to comply with PAPDC.

 

Regards

 

Andy

[dodgersmad]

thanks Andy didn't know about that one i have until the 3rd of nov to get it in, still have no paper work from them but at least im ready.

[AndyOrch]

https://www.consumeractiongroup.co.uk/forum/showthread.php?481827-The-Pre-Action-Protocol-for-Debt-Claims-is-made-by-the-Master-of-the-Rolls-as-Head-of-Civil-Justice.-1st-Oct-2017

[dodgersmad]

thanks Andy had a good read of it:-)

[dodgersmad]

just an update i have not received any info from the cpr or cca both was posted on the 17oct and received on the 22 i have now responded to court and summited as per post 11, so will have to see what happens.

[AndyOrch]

[dodgersmad]

Thanks andy:-)

[dodgersmad]

just another update, we received a letter today from Lowell solicitors.

 

we refer to the above matter

please be advised that the was an administrative error in our letter dated 30 oct 2017 we confirm that the account was taken out on march 2008 and not 2009. we have not received this letter

we still await receipt of a copy of the agreement and default notice from the original creditor and the notice of assignment from our client. your account will remain on hold until the aforementioned documents are received.

 

if you wish to further dispute the account you may seek independent legal advice to support you in this matter.if you require any further information or wish to speak with a member of our team bla bla bla

 

this letter was dated 3rd of november.

[dx100uk]

they have 28 days from the date your filed defence

to do 'something'

else it gets autostayed.

[AndyOrch]

Dont suppose point 1 of your defence had any effect on this decision

[dodgersmad]

hi just another update we received a letter from lowell

 

please find a copy of the directions questionnaire which we have now lodged with the court.

you will receive one directly from court for completion and return,

the court will use the info contained in both copy's to make a decisions about how the case should proceed.

 

they have yes to mediation service,

yes to small claims track,

no to expert evidence, and

have typed printed were it says you must sign this form.

 

still have not had any docs sent from them or the creditor.

so we will wait to see if one comes from the court.

dodger

[dodgersmad]

just another up date

 

they had put the claim on hold,

then we had a letter for mediation,

had the phone call

said we have not received any paper work for the proof of claim,

couldn't continue and will refer back to court for directions.

 

on the 6 of jan we receved

 

NOTICE OF ALLOCATION TO THE SMALL CLAIMES TRACK (date 6 Jan_

Deputy judge xxxxxx has considered the statements of case blab la

 

It is ordered that

1 unless the claimant does by xxfeb 2018 pay the court the trial fee of £xxxx or file a properly completed application

(i.e. One that provides all the required information in the manner requested) for help with fees,

then the claim will be struck out with effect from xxx feb without further order and unless the court orders otherwise, you will be liable for the cost which the defendant has incurred.

 

2 time and place of hearing

 

3 parties shall file with the court and serve on the other party copies of all docs no more than 14 days before hearing

 

4 included in the copy documents shall be

 

i)copies of any documents evidencing the original contract, its assignment and notice of assignment ii) written statements of witnesses (including the statements of the parties themselves)

 

the original documents shall be brought to the hearing

 

can some one give me directions on next step

[dx100uk]

time to do your witness statement which must be with the court no later than 14 days prior to the hearing date which is?

 

don't send yours early, better to make them cough first.

 

and check they DO make that payment wit the court a day or so after the deadline!!

 

lots of suitable witness statements here

if go READ other like Lowell cat claimform threads

 

post it up here FIRST mind

[dodgersmad]

hearing date is end of march so plenty of time yet

 

should i use this as a point in the witness statement

 

(The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claimicon pre claim pursuant to PAPDC changes of the 1st October 2017.

 

It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.)

 

Thanks DX