LOWELL CLAIMFORM - old ikano store card debt

[Betty55]

I have had a claimform

Name of the Claimant? Lowell portfolio

 

Date of issue – 4th January

 

What is the claim for – the reason they have issued the claim?

 

1. The defendant entered into a consumer credit act 1974 regulated agreement with IKANO BANK under account reference xxxx (the Agreement)

2. The defendant failed to maintain the required payments and arrears began to accrue.

3. The Agreement was later assigned to the claimant on 15/10/2013 and notice given to the defendant

4. Despite repeated requests for payment the sum of £180 remains due and outstanding And the claimant claims a) The said sum of £180 b) interest pursuantto s69 County Court 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 £0.039 but limited to one year being £15.00 c) costs

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes

 

What is the value of the claim? £280

 

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

 

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. DCA

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Can’t remember

 

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? Accrued a lot of debt after divorce and mental health problems. Couldn’t keep up with debts. As it is a low debt compared to others I have was going to pay but was thinking of going BK an didn’t want to get in trouble for favouring a creditor.

What was the date of your last payment? 2012 or 2013 I think not sure

 

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 have done the AOS and am working on defence

I have sent CCA and CPR requests but nothing back yet (one of many I am expecting due to multiple debts) currently working on defence but would appreciate any feedback re this claim details below

[unclebulgaria67]

Unlikely to be statute barred given last payment in 2012 or 2013. You could check with your Bank.

 

In regard to the Store card debt, how much of this would be charges, rather than spending and normal interest ? If you found out from the Store card provider, you could argue for a reduction in the amount.

 

As the card was taken out after April 2007, Lowell don't need the original CCA. They just need to evidence you owe the debt amount, a default notice was issued and you did not pay. Plus they are entitled to collect the debt and notice of assignment was issued.

 

The guys who deal with defending claims, will no doubt be along to suggest best way forward

[Betty55]

Hi thanks for your response.

I think last payment was December 2012. The original debt was £110 the rest is charges and interest.

I have found a NOA from ikano saying the debt sold to Lowell’s November 2013. Prior to that I was getting letters off collect direct so don’t know if they are part of ikano

[Betty55]

I have done a draft defence and would really appreciate any feedback

 

POC

1. The defendant entered into a consumer credit act 1974 regulated agreement with IKANO BANK under account reference xxxx (the Agreement)

2. The defendant failed to maintain the required payments and arrears began to accrue.

3. The Agreement was later assigned to the claimant on 15/10/2013 and notice given to the defendant

4. Despite repeated requests for payment the sum of £180 remains due and outstanding.

 

And the claimant claims The said sum of £180 interest pursuant to s69 County Court 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 £0.039 but limited to one year being £15.00 c) costs

 

Defence

 

1 The Defendant contends that the particulars of claim are vague and generic in nature

 

2. Paragraph 1 is noted and it is accepted that the Defendant has in the past had financial dealings with IKANO BANK I am unable to recall the precise details of the alleged agreement or debt by which the Claimant refers to within this claim. The Defendant has sought verification from the Claimant who as of this date has been unable to comply.

 

3. Paragraphs 2 is denied. The claimant has failed to provide evidence of of statements and nature of the arrears accrued.

A request for information pursuant to the Consumer Credit Act (section 78) was made on the 23rd January 2018 by recorded delivery and a CPR 31.14 request was made by recorded delivery on the 23rd January 2018. To date the Defendant has received no response or acknowledgment from the claimant in relation to the request for information pursuant to the Consumer Credit Act (section 78) or the Claimant’s legal representative regard the CPR 31.14. The Claimant in their non-compliance to my requests therefore remain in default and is therefore prevented from seeking or requesting any relief until such compliance.

 

4.Paragraph 4 is noted.Although the claimant is denied from adding section 69 interest.This is at the discretion of the court whether to allow it in full partially or at all.

 

5. It is therefore not accepted 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 how the Defendant’s alleged debt has reached the amount claimed for; and

 

c) show the nature of breach and service of a Default Notice and subsequent Notice of Sums in Arrears in accordance with the Consumer Credit Act 1974; and

 

d) show how the Claimant has the legal right, either under statute or equity to issue a claim.

 

 

6. As per Civil Procedureicon Rule 16.5 (4) it is expected that the Claimant proves the allegation that the money is owed.

 

 

7. On the alternative, as the Claimant claims to be 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.

Edited February 4, 2018 by Andyorch
edited

[AndyOrch]

Just a few edits and tweaks ...read through it now.

 

Regards

 

Andy

[Betty55]

Thats great, thanks Andy really appreciate your help

[Betty55]

I have now received an N180 form to complete and have read other threads about completing the form but wanted to check I am filling it in correctly before I return it.

A1 yes to mediation

C1 yes to small claims track

D1 my local county court

D2 no

D3 1 myself

 

I have had a copy of the N180 completed by Lowell saying they agree to mediation. I have previously sent the CCA and CPR requests but have not had anything back from Lowell yet.

[dx100uk]

should be a walk in the park then...

 

don't forget to send a copy to lowells

though you can emit sig/email/phone

[Betty55]

Thanks dx I will send a copy to Lowliel also