Lowell Claim form - RBS Credit Card ***Claim Dismissed***

[VitSea]

Good to go? - obviously with the agreement number and amount added.

 

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) The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol). And 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) Paragraph 1 is noted. The Claimant claims £xxxxx is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the Claimant’s solicitor by way of a CPR 31.14 and section 78 request

 

3) Paragraph 2 is denied, The defendant has not received statutory notices in the form of a Default Notice required under s87(1) of the consumer credit Act. The defendant also denies having received statutory notices in the form of Notice of Sums in Arrears as required by the Consumer Credit Act.

 

The defendant submitted a request for documents pursuant to CPR 31.14. on 29th May 2018. The claimant acknowledged receipt of the request but has failed to comply.

The defendant submitted a request for a copy of the agreement pursuant to section 78 CCA1974 on the 3rd January 2017. The claimant has yet to fully comply.

 

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 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 breach and service of a Default 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;

 

5) As per Civil Procedure 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 credit 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.

[AndyOrch]

[VitSea]

Defence submitted 20/06/2018

Thanks for all your help so far.

[dx100uk]

now get reading up on what happens next so you are prepared..

 

hint N180

[VitSea]

now get reading up on what happens next so you are prepared..

 

hint N180

 

Thanks - will do

[VitSea]

I received a completed N180 from Lowell Solicitors a couple of weeks ago, followed by another for me to complete by the Court and file by 2nd August.

 

I have looked at previous threads on this to prepare but just would like to confirm a few points:

 

• Am I right in thinking that it would curry favour with the court if I agree to the small claims mediation service?
  
• I have to send hard copy to the CC Bus Centre?
  
• I have to serve a copy on all other parties - Does this mean i have to photocopy the form and send by mail to Lowell Solicitors?
  

 

As ever, thanks in advance.

[dx100uk]

Just about in every claimform thread

 

Yes to mediation

Yes to Small Claims Track

1 wit you

The rest is obv

 

3 copies

1 to the court

1 to the sols minus email/phone/sig

1 fot your record

[VitSea]

I have now received the standard mediation letter for a small claims telephone appt but think I have made a mistake in answering yes to point

2) 'I can confirm that I have enough information about the claim to allow me to enter into negotiations and that I do not require any further evidence from the other party before the appointment.'

 

when i phoned them.

An appt. has been made for next week.

 

Looking at various threads on here I now realise I maybe should have answered No?

 

Should I contact them again and change my answer?

 

Will mediation still take place if I change it to No?

Edited August 9, 2018 by dx100uk
spacing

[jon8214]

you done it correctly

 

they ask the questions at the start of the call and that is when you answer no to having all the required documents

[VitSea]

Thanks, so if I answer no at the start of the call, I assume they then terminate the mediation and refer back to court as per other threads i have seen here?

[jon8214]

yes that's right

[VitSea]

That's mediation over with.

What do I research next please?

[AndyOrch]

Have you received the N157 (Notice of Allocation) ?

[VitSea]

Have you received the N157 (Notice of Allocation) ?

 

Nope

[AndyOrch]

That's mediation over with.

What do I research next please?

 

So what was said at mediation ...after I assumed it failed

[VitSea]

After the mediation failed, the mediator said it would be referred to court.

[AndyOrch]

And you will receive the N157 Notice of Allocation with the courts directions on what you must do to prepare for hearing.

 

Post back when this is received.

[VitSea]

Yes thanks, will do.

[VitSea]

I have now received the N157 Notice of Allocation (Attached)

Any advice or comments would be gratefully received.

Document02.pdf

[dx100uk]

So WS Time then

[AndyOrch]

Just 1/2/3 page 2 that affects you..you must by those dates comply

[VitSea]

Quick question - Do I wait to receive the claimants WS and draft mine in response to that or do I create one based around my defence?

[dx100uk]

ideally the former inc the latter

always best not to blink first.

though it might brcome like that

no harm in starting now mind.

[VitSea]

Please see my first draft. I would welcome any constructive comments - thanks

 

Background

 

I am the defendant and state that the facts contained in this statement are true to the best of my knowledge.

 

There are several documents attached with this statement. (paginated)

 

It is my understanding the claimant is an Assignee, a buyer of defunct, disputed or bad debts, which are bought in masses as portfolios at a much-reduced cost of the amount claimed….10p to 15p in the pound and which are already written off as capital loss and claimed against taxable income by the original creditor. The claimant then issues claims on masses with little or no evidence or documentation as a ‘fishing exercise’ claiming the full amount of alleged debt to maximise profit.

 

As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debt (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information) The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.

 

On xxxxxxx I made a written CPR 31:14 request to the Claimants solicitors, Lowell Solicitors of PO Box 1419 Northampton NN2 1BU requesting that the Claimant/And Claimants Solicitors provides copies of all documents mentioned in the statement of case. Exhibit 1

 

A copy of the original agreement

A copy of the Default Notice/termination notice

A copy of the Notice of Assignment showing the claimants legal right to act.

 

Having made the claim, the above date should have been immediately and fully available from the claimant and as per the above formal requests duly sent to the defendant to allow a swift conclusion.

 

Disclosures

 

The claimant did not fully respond to my requests made on xxxxxx and has not provided all the documentation that was requested on the court order. Exhibit 2

 

The agreement provided is nothing more than an illegible computer print which is missing several pages of key terms and conditions.

 

The statements again, look to be poor quality print outs and fail to show any agreement or anything valid that shows there was an agreement in the first place.

 

The claimant has also failed to supply a Default Notice. This is a requirement under s87(1) of the Consumer Credit Act.

 

The claimant has yet to supply me with a Notice of Assignment.

 

Conclusion

 

The claimant has failed to show a valid agreement showing that the defendant owes any money to the claimant/assignor. The claimant has failed to comply with my formal requests on the xxxxxxx. I can only presume that the claimant does not have the legally required original agreement with terms and conditions, Notice of Assignment or Default Notice and has merely tried to obtain an undefended default judgement.

 

Notwithstanding the above the claimant remains in breach of the 12 day response period under Section 78.6, therefore the claimant is unable to request any relief until such time they can comply.

 

It is therefore averred that there is no outstanding balance nor as the claimant been able to produce any documentation to prove otherwise and I therefore respectfully request that the court dismiss this claim and award costs it feel fit in defending this matter.

 

Exhibit 1 : Copy of defendants CPR 31:14 request dated xxxxxx

Exhibit 2 : Copy of claimant’s response to CPR 31:14 request dated xxxxxxx

[VitSea]

Anybody?

I have to send it in a couple of days.