Lowell claiming - old Very CAT debt***Claim Dismissed with Costs***

[dx100uk]

yes he must sadly...

 

something that proves where he is now

[mollywobbles]

As advised, we didn't reply.

 

Today, a claim form has arrived from Lowell in the post. I know this should absolutely not be ignored. But what should we do with it?

 

Still no response from the SAR to shop direct.

[fkofilee]

Go here

 

Copy post 1 and answer the questions;

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2018**

 

All will make sense

[mollywobbles]

Date of claim 24th April 2018

 

What is the claim for –

1) The defendant opened a Very - Littlewoods/Additions Direct regulated consumer credit account under reference XXXXX on 31/01/2010 ('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 21/04/2017 and written notice was given to the defendant.

 

4) Despite repeated requests for payment, the sum of £2,480 remains due and outstanding. And the claimant claims

a) the said sum of £2480,

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 £0.545, but limited to one year, being £198,

c) costs

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes, the pre-action protocol was received and responded to. See upthread.

 

What is the value of the claim? £2871

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Very - Littlewoods / Additions Direct account (so the latter)

 

When did you enter into the original agreement before or after 2007? After (2010)

 

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. The debt purchaser, Lowell

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? A copy of this was sent as part of their response to our last letter (see upthread). It was sent to an incorrect address, so at the time was not received.

 

Did you receive a Default Notice from the original creditor? No. No copy of this was received when requested. See upthread.

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I don't believe so. I have kept all correspondence we've received from Lowell at this address and our last and there is nothing headed such.

 

Why did you cease payments? The history of this is all contained in the thread. My partner had a change in financial circumstances which led to his entering into an agreement with stepchange. He received no advice from them that doing so would result in the account (and various others) ending up in default, which obviously had, and continues to have fairly serious financial consequences for him and us. The original debt was for £1000 and at the time of his ceasing payments was around £2.5k. It seemed so unlikely that he would ever get the balance down to 0 with the other demands on our finances, the arrival of our first child and the token payments suggested by stepchange. We decided it would be better to cease those payments and wait it out. This was all discussed on this thread.

 

What was the date of your last payment? January 2017, we believe.

 

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? See above

 

Please let me know if I've missed anything

Edited April 26, 2018 by dx100uk
formatting

[dx100uk]

New thread created for this claimform

Please continue to post here now

 

Dx

[dx100uk]

can we have the date top right on the claimform please

[mollywobbles]

Thanks for the new thread.

 

24th April 2018

[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 start 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 CPR 31:14 request running to the solicitors

.

type your name ONLY

 

no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform.

[mollywobbles]

I'm doing this this evening.

 

Can I post my CPR 31.14 (redacted) here before sending?

 

A further question...

if I respond online via the money claim website (is this the MCOL mentioned above?) I assume this means I do NOT need to also complete the form?

[dx100uk]

Read the template what does it say at the top.....

 

Correct

[mollywobbles]

Sorry, it's been a long day.

I note it says letters are not to be reproduced in open forums and need to be edited for one's own specifics.

I believe I have done so.

Do you mean the part where it says I should link to the letter in question.

Sorry to be obtuse, but how does that work?

 

I have as advised acknowledged the claim via MCOL.

[dx100uk]

We don't need to see our own templates we know what they say...

[mollywobbles]

Our defence deadline approaches. By my calculation, it's this Sunday. [Date on the claim form was 24th April]

 

I understand a defence is not the same thing as a template letter, so I've been reading some threads with similar situations. For example this one: https://www.consumeractiongroup.co.uk/forum/showthread.php?460672-Lowell-Lowell-Solicitors-claimform-old-Shop-Direct-Cat-Debt/page3.

 

Is there anything else I should be doing / looking at? Getting it written is my top priority for tomorrow.

 

Many thanks

[dx100uk]

your defence is due by 4pm friday

[mollywobbles]

Thanks for that. I thought it was 33 days, which would be Sunday but perhaps it's the last working day within that period? Or maybe I've just misunderstood. Either way, it will be done tomorrow.

[dx100uk]

its 33 days yes

the date on the claimform is ONE in the count.

courts are closed w/ends so it wont be registered till sometime Monday = late

which is why you file by closing time on the friday

[mollywobbles]

One thought has just occurred to me though. I had assumed the defence is submitted through MCOL? Is that correct, or do I need to factor in posting?

[dx100uk]

online yes

you really should have been reading up in the time you've had...

[mollywobbles]

I have read a few threads from the Legal Successes.. I read a few from start to finish before acknowledging the claim.

 

I appreciate it's a little late in the day though. A round of sickness (all of us) has not helped. Anyway, I hope I haven't left it too late to come up with something suitable. Is there somewhere particular you would recommend I look?

[dx100uk]

use the search CAG box of the top red toolbar

 

Lowell claimform CAT

[mollywobbles]

For reference, here are the particulars of claim:

 

1) The defendant opened a Very - Littlewoods/Additions Direct regulated consumer credit account under reference XXXXX on 31/01/2010 ('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 21/04/2017 and written notice was given to the defendant.

 

4) Despite repeated requests for payment, the sum of £2,480 remains due and outstanding. And the claimant claims

a) the said sum of £2480,

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 £0.545, but limited to one year, being £198,

c) costs

 

Here's my draft defence. I've taken these from various threads which seem to be similar situations. I have some questions about how these pertain to our situation, however. Any comments welcome. In the meantime, I will keep reading threads...

 

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.

 

1) Paragraph 1 is noted. I have had in the past an agreement with Shop Direct but do not recognise the account number referred to by the claimant. It is my understanding that all credit facilities provided by Shop Direct would be regulated and legislated under Credit Consumer Act 1974.

 

2) Paragraph 2 is denied. I have not received a Default Notice from the original creditor.

 

3) Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served.

 

4) The claimant is put to strict proof upon how this balance was accrued specifically with regard to items ordered and the amount of unlawful penalty fees.

 

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 with the Claimant; and

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

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

 

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

 

On the alternative, if 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.

 

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.

 

Questions...

 

"...CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made."

 

This seems to be a common statement to include in a defence, and excuse my ignorance, but what is the CPR r 16.5 (3) which it refers to?

 

"3) Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served. "

In the response to our CPR 31:14, Lowell Solicitors have sent back a letter on plain paper dated 5th July 2017 which states 'we are notifying you that we have assigned the ownership of your account to Lowell Portfolio I Ltd.' This was not received by my partner. Is it of any significance that it looks like they have simply printed out a template letter with his account number on it? Given that it was not received at the time (it was sent to a previous address, but post was being re-directed) but an alleged copy has been produced in response to the CPR 31:14, should I include / amend or delete this part?

 

"4) The claimant is put to strict proof upon how this balance was accrued specifically with regard to items ordered and the amount of unlawful penalty fees."

 

The only additional thing (additional to the documents that I scanned and uploaded as a PDF some time ago, which were received in response to the CCA) which was sent back in response to the CPR 31:14 was some kind of statement from shop direct. It does list the items purchased (£c.2,500), interest (c.£1,400), charges (c.£120) and payments made (c.£1400), which add up to a sold balance of £2,487. It lists goods ordered and payments made in the last 3 years only. The account was taken out in 2010. Does the provision of this document change what I should be saying here?

 

"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:"

 

Re. the above points, do I need to amend the 'assignment / balance / breach' part here?

 

Looking at it all in black and white like that, and the 'defence' is starting to feel pretty weak. I know it's a case of not blinking first. But do you ever advise people that actually they'd be better advised not to try and fight?

 

Thanks for the help. The way knowledge is shared here is so much appreciated. Sorry it's last minute.

[AndyOrch]

Your almost there...just a couple of adjustments......

 

1.) Paragraph 1 is noted. I have had in the past financial dealings with Shop Direct but do not recognise the account number referred to by the claimant. It is my understanding that all credit facilities provided by Shop Direct would be regulated and legislated under Credit Consumer Act 1974.

 

The claimant states its a regulated agreement in their particulars para 1?

 

You could also deny point 4...I bet they have never made repeated requests for payment....?

 

And....

 

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

 

You have not entered into an agreement with the claimant...the debt was assigned ..change to (a) show how the Defendant has entered into an agreement ; and

 

Then your good to go

[mollywobbles]

So...

 

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.

 

1.) Paragraph 1 is noted. I have had in the past financial dealings with Shop Direct but do not recognise the account number referred to by the claimant.

 

2.) Paragraph 2 is denied. I have not received a Default Notice from the original creditor. As the claimants plead in their particulars precise knowledge of the default, they are put to strict proof to evidence such fact.

 

3.) Paragraph 3 is denied and the Claimant is put to the strictest of proof on the same. The Defendant contends that no notice pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has been served upon him by the Claimant as alleged or at all.

 

4.) The claimant is put to strict proof upon how this balance was accrued specifically with regard to items ordered and the amount of unlawful penalty fees.

 

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 the nature of the breach and service of a default notice

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

 

6.) On the alternative, if 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 crediticon Act 1974.

 

7.) 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.

 

You could also deny point 4...I bet they have never made repeated requests for payment....?

 

Lowell have sent a few letters prior to their claim form. I don't think there was ever anything sent from shop direct. I couldn't say for sure though, as a few changes of addresses were involved.

[AndyOrch]

 

Just added an extra....

 

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

(b) show and evidence the nature of the breach and service of a default notice

© show how the Claimant 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;

[AndyOrch]

Its fine...its only your initial defence which puts them to strict proof and see if they wish to proceed.......we get to the nitty gritty if they wish to proceed and you have to draft your witness statement and then expand.