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

[dx100uk]

yes AOS

 

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

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select respond to a claim and select the start AOS box.

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then using the details required from the claimform

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defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

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get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

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get a CPR 31:14 request running to the solicitors

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type your name ONLY

 

no need to sign anything

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you DO NOT await the return of paperwork.

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

[Ronnie1234]

get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

type your name ONLY

 

no need to sign anything

 

Done this & posted recorded delivery. MCOL website down at moment so will acknowledge later, as above. Put reminder to myself reference Defence

[dx100uk]

mcol is often down at the w/end

try Monday mid morning.

[dx100uk]

hows this going?

[Ronnie1234]

Received this today along with a letter from Lowell saying they will contact once agreement & statement response received.

 

I have a knowledge on mcol last week

2018_02_04 20-30-50.pdf

[dx100uk]

bogroll

a debt buyer cant issue a default notice

[Ronnie1234]

I’ve attached the wrong document! I’m an idiot! Trying to attached correct one now - had to resize

the first line of letter explains about express gifts selling the account to Lowell 28 June 2017

 

sorry was rushing to scan & hide personal info

 

lowell appoint lowel 1.pdf

[dx100uk]

you need to be filing a defence by 4pm the 28th.

post it up here 1st for checking

[Ronnie1234]

Yes I set myself a reminder.

I guess I need to see if Lowell produce a copy of agreement within next few days?

They’ve sent letter acknowledging my request but no agreement as yet

[dx100uk]

I wouldn't wait

prepare now

we all know what xmas can throw at people

 

dx

[Ronnie1234]

Prepare as if copy of agreement not received & use that as my defence?

[dx100uk]

std holding / no paperwork defence on most claimform threads in this forum.

you should spend you downtime between court stages to be reading up!!

 

use the search CAG box of the top red toolbar.

 

 

Lowell claimform cat

[Ronnie1234]

Am I along the right tracks with this?

 

1.The claimants claim is for the sum of £ being monies due from the defendant to the claimant under a home shopping agreement regulated by the consumer credit act 1974 between the defendant and shop direct finance company limited under account reference xxxxx and assigned to the claimant on xx/xx/xxxx notice of which has been given to the defendant.

 

2.The defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with.

 

3.The claim also includes statutory interest pursuant to sectiom 69 of the county courts act 1984 at a rate of 8.00% per annum (a daily rate of £0.10 from the date of assignment of the agreement to xx/xx/xxxx being an amount of £

 

 

IN THE county court

 

*BUSINESS CENTRE

Case No

(NAME) - Claimant

VS

(NAME) – Defendant

 

Defence Statement

 

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.

 

The claim is denied with regards to an amount due under an agreement. The Claimant/Solicitor has been unable to disclose any agreement or statements on which its claim relies upon.

 

Although copies have now been received The Defendant is unaware of originally receiving any legal assignment the claimant refers to within its particulars and deny the notice was served pursuant to the Law of Property Act 1925.

 

On receipt of this claim the Defendant requested information pertaining to this claim from Lowell. To date I have yet to receive a compliant response.

 

The Defendant requested information pertaining to this claim from Lowell Portfolio 1 LTD by way of a Section 78 request. To date I have yet to receive a response complying with the request.

 

Therefore with the courts permission the Claimant is put to strict proof to:

 

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

 

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

 

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

 

As per Civil Procedures Rule 16.5, 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 reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

[dx100uk]

getting there

fluff up on CPR and to whom and when

and

the CCA

[Ronnie1234]

Yes it was a quick draft just wanted to check I was along the right lines. Have I quoted wrong CPR?

CCA I need to check the date I requested

[dx100uk]

Read like cat defence from 2017/8

[Ronnie1234]

Read like cat defence from 2017/8

 

Yes that’s what I’ve been looking up & trying to research to get my defence together

[dx100uk]

Here are some recent Cat defences that Andyorch drafted for another poster s

.

You will have to edit slightly to suit your claimant Particulars and add your requests for CCA /CPR ect.....

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

.

 

Defence

.

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 an agreement in the past with [enter original creditor] but do not recognise the account number referred to by the claimant.

.

Paragraph 2 is noted but not admitted. The claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the defendant did not enter into any agreement with the claimant and is therefore put to strict proof to verify the alleged statement of its particulars.

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3 .Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served over X years ago.

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On the DD/MM/YYYY ( sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. The claimant has failed to date to respond to the CPR and remains in default of the section 78 request.

.

3.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 Defendant has reached the amount claimed for; and

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

.

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

.

5.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.

.

6.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.

.

Regards

.

Andy

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

...

..

 

or

.

1.The claim is for the sum of £398.82 due by the defendant under a non-regulated Shop Direct account with an account ref of ******

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2.The defendant failed to maintain contractual payments required under the terms of the account agreement.

.

3.The debt was legally assigned to the claimant on 28/Aug/2015, notice of which has been given to the defendant.

.

The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of proceedings in the sum of £31.91

The claimant claims the sum of £450.73

.

.

Defence

.

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.

.

Therefore Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant and 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 any breach by way of a Default Notice

© 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;

.

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

.

5. 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 consumer credit Act 1974.

.

6. On the 8th November 2016 I made a legal request by way of a CPR 31.14 request and a Section 78 request to the Claimant. The Claimant has failed to comply and therefore is in default of this request and as such is forbidden to request any relief until such compliance.

.

7. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

.

or

.

1.The claimants claim is for the sum of £460 being monies due from the defendant to the claimant under a home shopping agreement regulated by the consumer credit act 1974 between the defendant and shop direct finance company limited under account reference xxxxx and assigned to the claimant on xx/xx/xxxx notice of which has been given to the defendant.

.

2.The defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with.

.

3.The claim also includes statutory interest pursuant to sectiom 69 of the county courts act 1984 at a rate of 8.00% per annum (a daily rate of £0.10 from the date of assignment of the agreement to xx/xx/xxxx being an amount of £36.60.

.

.

.

Defence

.

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 an agreement in the past with Shop Direct Finance Company but do not recognise the account number referred to by the claimant.

Furthermore which is denied,I am unaware of any legal assignment or Notice of Assignment allegedly served over X years ago.

.

2 Paragraph 2 is noted but not admitted. The claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the defendant did not enter into any agreement with the claimant and is therefore put to strict proof to verify the alleged statement of its particulars.

.

 

3 On the 07/11/2016 (sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. The claimant has failed to date to respond to the CPR and remains in default of the section 78 request.

.

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 how the Defendant has reached the amount claimed for; and

© Show and evidence any breach and service of a default Notice which it refers to in their particulars;

(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.

.

or

.

.

Edit to suit and fit your particulars....

.

Your particulars of claim

.

1 the claim is for the sum of £7xx.xx in respect of monies owing by the defendant on a credit agreement held by the defendant with shop direct under account number xxxxxxxxxxx upon which the defendant failed to maintain payments

.

2 a default notice was served upon the defendant and has not been complied with

.

3 the balance owed was assigned from shop direct

to the claimant and the defendant has been notified of the assignment by letter

..#

.

.

..

Defence example to be edited

.

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 an agreement in the past with Shop Direct Finance Company but do not recognise the account number referred to by the claimant.

Furthermore which is denied,I am unaware of any legal assignment or Notice of Assignment allegedly served over X years ago.

.

2 Paragraph 2 is noted but not admitted. The claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the defendant did not enter into any agreement with the claimant and is therefore put to strict proof to verify the alleged statement of its particulars.

 

.

3 On the 07/11/2016 (sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. The claimant has failed to date to respond to the CPR and remains in default of the section 78 request.

.

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 how the Defendant has reached the amount claimed for; and

© Show and evidence any breach and service of a default Notice which it refers to in their particulars;

(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.

.

Andy

[Ronnie1234]

Thank you. Got up early to beat the kids & try & get this together

 

Particulars....

 

1.The defendant opened a studio regulated consumer credit account under reference ***** on 08.11.2008.

 

2.In breach of the agreement the defendant failed to maintain the required payments and the agreement was terminated. The agreement was later assigned to the claimant on 28.06.2017 and written notice given to the defendant.

 

3.Despite repeated requests for payment the sum of £440.6 remains due and outstanding.

 

And the claimant claims the said sum of £440.66 interest pursuant 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 0.097 but limited to one year being £35.25

Costs

 

Defence

 

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.

 

Paragraph 1 is noted. I have had an agreement in the past with Studio but do not recognise the account number referred to by the claimant.

 

Paragraph 2 is noted but not admitted. The claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the defendant did not enter into any agreement with the claimant and is therefore put to strict proof to verify the alleged statement of its particulars.

 

I am unaware of any legal assignment or Notice of Assignment allegedly served 28/06/2017.

On the 06/12/2018 I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. The claimant responded with a letter dated 13/12/2018 enclosing a copy of an assignment. Enclosed is a copy of a letter dated 23/08/2017 introducing Lowell and saying that Express Gifts have sold the account to Lowell.

 

On the 13/12/2018 Lowell have sent a letter stating they have asked for a copy of the agreement and statement and will contact once a response received. To date 27/12/2018 no agreement and statement have been received.

 

It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/agreement/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 and evidence the nature of breach and service of a default notice pursuant to section 87(1) CCA1974

© 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;

 

As per Civil Procedure 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.

Edited December 27, 2018 by Andyorch
Particulars added

[AndyOrch]

Just a few tweaks as hi lighted in Blue above

 

Andy

[Ronnie1234]

Thank you should I send tonight or tomorrow?

[AndyOrch]

Tomorrow will be fine

[Ronnie1234]

Yes I’ll wait just in case anything comes in todays post - do I have until 4.00?

[AndyOrch]

yes

[Ronnie1234]

Received confirmation from court today that they’ve received defence & claimant has 28 days to respond