Claim form Lowells old catalogue debt

[maddie210]

Ok just going to defend now I have the following, I have read through the forum and grabbed some paragraphs from other claims

 

Particulars of claim added for reference only

 

1. The defendant opened a JD WILLIAMS ACCOUNT ref ******** on 6/11/2011 (the agreement)

2.In breach of the agreement, the defendant failed to maintain the required payments and the agreement was terminated.

3.The agreement was later assigned to the claimant 20 31/03/2014 and written notice given to the defendant.

4. Despite repeated requests for payments the sum of £175.00 remains due and outstanding.

 

And the claimant claims the a) said sum of £175 b)interest pursuant to s69 count 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 £0.040, but limited to one year being £14.00

 

c) costs

 

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 defendant contends the account as it was over 6 years ago and has no knowledge of account which may be statute barred.

 

2. The Claimant claims £172.54 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. the defendant has no knowledge of a letter of assignment and has asked for proof

 

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; 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 Procedureicon 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.

[maddie210]

I may need to change the wording as they wont have received the request for the Cpr yet

[maddie210]

right i have only got till 4pm so going to submit soon

[dx100uk]

Its not statute barred

[maddie210]

Ok I will take that out and submit thanks

[AndyOrch]

The defence is fine from point 4 on wards ......tinkering with 1/2/3 as weakened it....why not just stick with the tried and tested as I drafted it....

 

2. Paragraph 1 is noted and it is accepted insofar that I have once held a contractual relationship with (insert original creditor). 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/Termination Notice from the original creditor nor the claimant

 

4. Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment pursuant to sec136 (1) of The Law of Property Act.

 

Andy

[maddie210]

I have already submitted

[maddie210]

Hi, think I have screwed up, I received a letter for smalls claim track FORM N180 and I thought I could log into mcol site to fill in,

 

I have looked and cant seem to find anything there s

I think I have to send paper copy back but the date says should be received by 8th May as its a bank holiday this week I know it wont get there, so what options do I have?

[Old Cogger]

MCOL stops reporting once local court is in play so fill it in and send recorded delivery = 1st working day after holiday by 4 p.m. now you must of had time to get into 1st class post?

[maddie210]

Hi I ran the post office and got it in the post

[Old Cogger]

well done

[dx100uk]

you did copy it first twice

and send one copy to the claimants solicitor too?

 

dx

[maddie210]

Not sure what next step is, ask for mediation, I know I have been really silly about this claim because its not a very large amount of money and I failed to send of the CPR/CCA, so dont even know what hands they have.

 

Is it too late? should I just negotiate a payment plan with them?

[dx100uk]

did you send a copy of the N180 to the claimants sols?

[maddie210]

did you send a copy of the N180 to the claimants sols?

 

No was I supposed to?

[dx100uk]

yes!!

you really need to get your act together

 

so you've not sent CCa request

nor

CPR either you say?

[maddie210]

No I havent, it did not say I had to send the N180 to solicitor just reply back o the court

[dx100uk]

it does but never mind. [page 2]

 

yu can download blank N180's and fill one in anyway.

 

yes to mediation

leave jurisdiction unticked

1 wit you

the rest is obv.

 

you could also send the CPR request with it as both have got to go to the solicitors

 

get a CCA request running to the claimant too.

 

do this TODAY.

the PO's are open I think still till 4pm

[maddie210]

ok thanks,

 

I have just been post office and closes at 12.30, last post was 12 today, do I have to serve it on them before the 8th?, is there anyway I can email them

Edited May 5, 2018 by dx100uk
quote

[dx100uk]

you can email to sols the N180 and the CPR31:14 yes

don't worry about being late

you are a LiP [Litigant In Person]

certain leeway is given

[maddie210]

Ok thanks again,

 

would you recommend emailing it or just waiting until Tuesday morning and sending it by recorded along with CPA/CPR request

[dx100uk]

do both!

[dx100uk]

https://www.consumeractiongroup.co.uk/forum/showthread.php?406099-LEGAL-N180-Directions-Questionnaire-(Small-Claims-Track)-**Correct-at-Sept-2016**

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued.

[maddie210]

do both!

 

Ok will do, I know I need to get my act together but my life is getting the way, working nights and caring for disabled daughter I hardly have time to think let alone sleep.

 

I have a number of other debts with them and have received a letter with a 50% , can I CPA/CPR them before I accept the offer?

[dx100uk]

begging letter ignore