Lowell claimform - old studio cat debt***Claim Discontinued***

[Ronnie1234]

Received letter from Lowell today enclosing a copy of directors questionnaire which they have sent to the court. Their letter says they have agreed to mediation in their directors questionnaire

It says if I agree to mediation I am to tick yes in my own directors questionnaire - I’m guessing I receive this from courts?

Or I can contact Lowell to settle!

[dx100uk]

Why?

Get reading other threads

 

Doesn't mean they've sent the court it.....

 

So you now have all the docs from cca/CPR requests then too:madgrin:

[Ronnie1234]

I’ve read other posts. Nothing received from court so I guess they’re calling my bluff?

[AndyOrch]

Doubt it....check the status on MCOL then contact them and ask if DQs have been sent out.

 

Andy

[Ronnie1234]

Yes I checked online this morn nothing on there. I will contact MCOL

[AndyOrch]

Whats the last entry......defence received ?

[Ronnie1234]

Yes defence received on 28/12/2018

Edited January 24, 2019 by dx100uk
quote

[Ronnie1234]

Letter received from court today:

 

notice of proposed allocation to the small claim track

 

1. This is now a defended claim

the defendant has filed a defence

 

2. It appears that this case is suitable for allocation to the small claims track

 

if you believe that this track is not the appropriate track for the claim you must complete box c1 on the small claims directions questionnaire and explain why

 

3. You must by 8 February complete the small claims directions questionnaire form n180 and file it with the court office.

 

enclosed then is a directions questionnaire with a piece of paper also enclosed about mediation service

Edited January 24, 2019 by dx100uk
quote

[dx100uk]

always yes

must be seen to allow them time.

even right upto the actual Mediation phonecall. itself. then you say no if you've got nowt back to make an informed decision.

yes to Mediation

1 wit you

the rest is obv

 

3 copies

1 to the court

1 to the sols [minus email/sig/phone]

1 for your file.

 

should have been reading up in the waiting period.

on nearly every claimform thread here already.

 

dx

[Ronnie1234]

Yes I’ve been trying to read up when I can snatch some time. Thought this would come through post & it would try to go the mediation route.

So photocopy before I sign for the solicitors copy?

Do I complete the local court box? (Really don’t want it going to court)

 

I agree to mediation. You say I can not agree closer to the time if no copy of agreement received?

[dx100uk]

further blanks are on the .gov court site or in the legal section of our library.

 

you agree to mediation until the actual day it happens

they will call and ask the same three questions before it starts

if to that time you still have not received the required information to enable you to make informed decisions, then you say NO to that question.

 

doesn't mean it going to court...if lowells have nothing then odds on they wil let it get stayed or discontinue.

 

see the successes forum off this one.

 

dx

[Ronnie1234]

Forms complete & ready to post.

I will look at some other threads of mediation & success threads also thank you

[dx100uk]

well done

 

thread tidied of 24 unnecessary previous post quotes

no need to keep hitting reply with quote just type..

[Ronnie1234]

Received email today regarding mediation & to complete agreement to 3 statements.

So I’ll respond agreeing to mediation

No to all documents received as still not received copy of agreement or statement? - do I state this in the No box?

 

Do they tend to still proceed to court in these circumstances as don’t want it to go to local court etc?!

[dx100uk]

post 86

[AndyOrch]

If mediation fails..and it will judging from you last responses...and you have submitted your DQ then of course it will proceed to trial.....Notice of Allocation next on your list to deal with this will contain the courts directions of what you must do next to prepare and by what date.

 

Andy

[Ronnie1234]

I’ll respond to email tomorrow and start reading up on Notice of Allocations

[Ronnie1234]

Standard response received I guess

 

[Ronnie1234]

Received letter saying it’s been transferred to a local court 

[AndyOrch]

Notice of Allocation N157 next Ronnie....post when you recieve it .

 

Andy

[Ronnie1234]

Will do. That will set out the court date & the date by which Lowell need to pay their fee? 

[AndyOrch]

Yes and the dates the directions you must comply by .... to submit your statement and disclosures

[Ronnie1234]

Court letter received saying the case is listed for final hearing on 27th June 2019.

 

Unless the claimant does by 4pm on 30th May pay to the court the trial fee of £55 or file a properly completed application for help with fees then the claim will be struck out with effect from 13 June

 

By 7th May each party must send the court & every other party copies of all documents upon which that party intends to rely at the hearing this includes written statements....

 

Its my daughters birthday the day case has been listed for.....though I’m really hoping it doesn’t get as far as actually going to court! 

[Ronnie1234]

I’ve started drafting my witness statement so will hopefully get it together by end of this week & post 

[Ronnie1234]

IN THE ***********

Claim No. **********

 

BETWEEN:

Claimant

Lowell Portfolio Ltd

 

AND

Defendant

****************

 

_________________________ ________

 

WITNESS STATEMENT OF …..

_________________________ ________

 

 

 

I **************** being the Defendant in this case will state as follows;

 

I make this Witness Statement in support of my defence in this claim.

 

1.) I understand that the claimant is an Assignee, a buyer of defunct or bad debts which are bought on mass portfolios at a much reduced cost to the amount claimed and which the original creditors have already written off as a capital loss and claimed against taxable income.

 

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 debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the 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.

 

2.) On or around the 26th November 2018 I received a claims form from the County Court Business Centre, Northampton, for the amount of £440.66 but £475.91 with interest. Then total amount £560.91 with costs added. The claimant contends that the claim is for the sum of £475.91 in respect of monies owing under an alleged agreement with the account no. XXXXXXXXXX pursuant to The Consumer Credit Act 1974 ( CCA).

 

3.)The Claimants pleaded case is that the Defendant entered into an agreement with Studio under account reference *************  I am uncertain as to which account this refers to. It is accepted that I have had financial dealings with Studio in the past however I have no recollection of the alleged account number the claimant refers to.

 

4.) On the 6th December 2018 I made a formal written request to the Claimant for them to provide me with a copy of my Consumer Credit Agreement as entitled to do so under sections 78 of the Consumer Credit Act 1974. I also requested a copy of the Notice of Assignment.  

                         5.) I received a letter dated the 13th December 2018 I received a letter from Lowell stating they have requested from their client a copy of                             the agreement and statement and will contact me once a response received. A copy of a notice of assignment was enclosed.  The copy of                           the notice of assignment dated 23rd August 2017 says I had an account with express gifts which was sold and assigned on 28th                                             June 2017 to Lowell. I  have no recollection of ever receiving the Notice of Assignment . 

 

                         6.) I received a further letter dated the 13th December 2018 saying that Lowell have asked their client for a copy of the agreement and                                   statement and will contact me with a response. To date - 15.04.19 this has not  been received. Also please note they state Studio not                                     Express gifts in this letter.

7.) Contained within the claimants particulars the claimant pleads that the defendant has failed to maintain the required payments and is in breach of the agreement, however I have not seen this ‘agreement’ 

 

8.) As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. Therefore the claimant is put to strict proof to disclose a true executed legible agreement on which its claim is based and relies upon.

 

Until such time the claimant can comply and disclose a true executed copy of the agreement they refer to within the particulars of this claim they are not entitled while the default continues, to enforce the agreement pursuant to section 78.6 (a) of the Credit Consumer Act 1974.

 

9.) As of this date the Claimants have yet to file and serve a copy of their evidence and statement on which it claim relies upon. In the event that they fail to comply with the courts directions dated 2nd April 2019 it is respectfully requested that the court considers imposing sanctions or even strike out of the claimant claim.

 

 

Statement of Truth

 

I, **************, the Defendant, believe the facts stated within this Witness Statement to be true.

 

 

Signed: _________________________ _______

 

Dated: _________________________ ___

 

Sent from my iPhone