Lowell Claimform - AA RBS Credit Card

[Les77]

I will do some research over the next few days. I’ve sent (recorded) a CCA and CPR that were both received last Friday.

 

And a big thanks to both of you for the help you’ve given me so far, it’s appreciated.

[jon8214]

your defence must be filed by Fri 6th @ 4pm

 

post it up here a few days before to be checked before submission

[Les77]

I've received another copy of the agreement today. It's the same as the one I've already got. I've attached a copy of the letter, can you tell me if this is their response to the CPR request? - thanks

CCA Reply.pdf

[jon8214]

yes it is in response to your CPR request as its from their solicitors

 

still doesn't change anything about the CCA being a cut and paste

 

and no matter what they say they still haven't provided the DN

[AndyOrch]

In response to your letter dates 21st March...was your CPR dated 21st March ?

 

They refer to Default Notices and Notice of Assignment...so it must be ?

 

 

Andy

[Les77]

Yes both letters were dated 21st March, CCA went to their Leeds address and the CPR went to the solicitors - if this goes all the way I presume they would have to produce the agreement in court?

[jon8214]

yes the original agreement

[Les77]

So with the T&C’s not correct is it still enforceable in court?

[jon8214]

no its not

[AndyOrch]

Yes both letters were dated 21st March, CCA went to their Leeds address and the CPR went to the solicitors - if this goes all the way I presume they would have to produce the agreement in court?

 

So they are still in default of your section 78 request?

[Les77]

No they’ve sent it but the T&C’s are not correct

[AndyOrch]

No they’ve sent it but the T&C’s are not correct

 

You will require a decent Judge to view that error and consider the request not fulfilled completely as per the CCA1974 .......clutching at straws springs to mind.

[Les77]

The agreement is good and Lowell would have no issues producing it in court.

 

They’ve complied with the CCA & CPR requests, so the only hope of me providing a good defence is the fact that they haven’t (at this moment in time) sent me the default notice from the original creditor?

 

I’m sorry if I’m coming across as being a bit naive, but this is all new to me.

[dx100uk]

no default notice yet...

[Les77]

no default notice yet...

 

Maybe I’ll receive it next week...

[dx100uk]

maybe pigs will fly.....

[Les77]

I'm struggling to find the right defence as the ones I've looked at all mention that the CCA & CPR requests have not been complied with. They've responded to mine so I'm not sure what to put?

 

I've found this below as the POC are the same as mine apart from the amounts, can anyone help me please?

 

1) The Defendant opened a Bank of Scotland (Credit Card) regulated consumer crediticon account under reference xxxxxxxxxxx on 25/09/2008 ('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 on 17/06/2015 and written notice given to the Defendant.

 

4) Despite repeated requests for payment, the sum of £5,338.21 remains due and outstanding.

 

And the claimant claims

a) The said sum of £5,338.21

b) Interest pursuant to s69 Count Courts Act 1984 at the rate of 8% per annum from the date of assignment the date of issue, accruing at a daily rate of £1.170, but limited to one year, being £427.06

c) costs

 

 

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. I have in the past had financial dealings with Lloyds. I am unaware of what alleged debt the claimant refers to and have requested further information by way of a CPR 31.14 and section 78 request which the claimant has failed to respond to and is in breach of the section 78 request.

 

3. Paragraph 2 is noted and await further information with regards to service of a Default Notice.

 

4. Paragraph 3 is denied. I do not recall receiving any Notice of Assignment from either assignor or assignee pursuant to the Law of Property Act 1925.

 

5. On receipt of 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 declined to comply to my section 78 request and remain in default and with regards to my CPR 31.14 request. The claimant with their none compliance to my requests have frustrated my attempts to clarify their claim.

 

6. Therefore the Claimant is put to strict proof to:

 

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

(b) show how the Defendant has reached the amount claimed for; and

© show and evidence that a Default Notice was issued pursuant to sec87.1 CCA1974;

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

7.. As per 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.

[Les77]

Can anyone help? Or do they have a strong enough case that I have no chance?

[dx100uk]

not due till Friday

no DN is fatal to their claim

[Les77]

Ok thanks dx

[AndyOrch]

" I'm struggling to find the right defence as the ones I've looked at all mention that the CCA & CPR requests have not been complied with. They've responded to mine so I'm not sure what to put? "

 

Lowell have complied or the original creditor/previous DCAs ?

[Les77]

Lowell, they replied to my CPR and sent me a copy of the agreement

[AndyOrch]

Partially complied...no default notice or evidence of a default notice being issued ?

[Les77]

Thanks Andy, is that defence ok? I’ll change the name from ‘LLoyds’ to ‘Bank of Scotland’ when I have access to my laptop later

[AndyOrch]

You will have to amend it if they have partially complied and to what they remain in default of.