Lowell Claimform - old CAT debt

[Guest Old_andrew2018]

I have a county court claim from Lowell Solicitors, acting for Lowell Portfolio Ltd, and would appreciate some assistance in completing the form.

Many thanks

[AndyOrch]

Thread moved to the appropriate forum...please continue to post here to your thread.

 

Please read the following link which explains the process...then copy and paste the Q,s and responses back here for further advice.

 

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

 

Regards

 

Andy

[Guest Old_andrew2018]

I should add the form was via the CCBC

[dx100uk]

as they always are

please complete the link in post 2 so we have all the info to properly advise you.

[dx100uk]

why do you have 2 usernames?

[Guest Old_andrew2018]

Name of the Claimant Lowell Portfolio Ltd

 

Date of issue – 05 DEC 2018

 

Particulars of Claim

1)The defendant opened a Catalogue account very-Littlewood/Additions Direct regulated consumer credit account under reference ****** on **/**/**** (* 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 **/**/****.

 

4) Despite repeated requests for payment of the sum of £5,300 remains due and outstanding.

 

5.And the Claimant claims

a) The sum of £5,300,

b) Interest pursuant to s69 Count Courts Act 1984 at the rate of 8% per annum from the date of assignment to the to the date of issue, accruing at a daily rate of £1.25 but limited to one year, being £456.25

c) Costs

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No

 

What is the total value of the claim? £5756.25

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Catalogue

 

When did you enter into the original agreement before or after April 2007 ? after 2007

 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? YES

 

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. Debt Purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No

 

Did you receive a Default Notice from the original creditor? Yes

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

 

Why did you cease payments? dismissal

 

What was the date of your last payment? Not Sure

 

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? YES with Step change

Edited December 18, 2018 by Andyorch

[Guest Old_andrew2018]

have had several user name with Old_andrew, can ever remember pass word, started an account in the early day of consumer action group even had a cag email when the were available, has one of the first true call machines, but can never remember pass words, went off for a time in 2007

[dx100uk]

thread title updated

 

 

 

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 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

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

Edited December 18, 2018 by Andyorch
edit

[Guest Old_andrew2018]

Must state I have not added court fee & legal representative costs to the final figures these fee £510.00

Andy

Edited December 18, 2018 by old_andrew2017
added figures

[AndyOrch]

When did you enter into the original agreement before or after April 2007 ? No

 

Cat Name added to above

[Guest Old_andrew2018]

Good evening I cant seem to be able to over write parts of the CPR 31:14 PDF template, any advice would be helpful;

Edited December 19, 2018 by old_andrew2017
information left off

[dx100uk]

then don't

copy and paste from the post not the PDF.

[Guest Old_andrew2018]

on MCOL site several times can enter claim number but have to provide defence password HELP

Andy

 

Panic over found it

 

hello guest viewing why not send message

 

Re MCOL do I Need to enter additional personal details i.e.

Telephone number as the claimant will I sure will use the number to harass me

Edited December 21, 2018 by dx100uk
merge

[dx100uk]

you are simply acknowledging the claim.[AOS]

go back and read post 8 carefully

[Guest Old_andrew2018]

Have now received some information from lowells Solicitors, which I would like too upload but don't know how, any advice please

Andy

[dx100uk]

read upload

ONE multipage PDF only please

[Guest Old_andrew2018]

please see documents provided by Lowell solicitors, they have not complied fully with my CPR 31.14 request

 

Lowell portfolio have yet to comply with my CCA request, so I need to continue my defence

 

This is my response

 

a. I must contend that the particulars of claim are rather vague,

 

b. I set out my case below, relying on CPR 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

c. I do not recall the precise details of the alleged agreement and am unaware of a default being issued I have sought verification from the claimant.

 

d. I am not aware of any legal assignment or Notice of Assignment allegedly served.

 

e. It is therefore denied with regards to me owing any monies to the Claimant, therefore the Claimant is put to strict proof to:

 

(i) show how I had entered into an agreement; and

(ii) show and evidence the breach and service of the Default Notice;

(iii) show how I has reached the amount claimed for; and

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

 

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

 

g. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed.

 

seem to be a few guests,

any advice guys

Edited January 7, 2019 by dx100uk
merge

[dx100uk]

use our std holding defence andy on any cat debt thread

[Guest Old_andrew2018]

sorry where do I find this

[Guest Old_andrew2018]

Defence

a. The defendant contends that the particulars of claim are rather vague, and generic in nature

 

b. The defendant and sets outs its case below, relying on CPR r16.5 (3) in relation to any particular allegation to which a specific response has not been made,

 

c. The defendant does not recall the precise details of the alleged agreement and is unaware of a default being issued and has sought verification from the claimant, making made a CPR 31:14

request, the defendant awaits full compliance,

In addition the defendant has raised a formal request pursuant to section 78 of the consumer credit Act 1974,to the claimants client Lowell Portfolio to be provided with a true copy of the credit

agreement relating to the above account mentioned in the claim,

d. The defendant is not aware of any legal assignment or Notice of Assignment allegedly served.

 

It is therefore denied with regards to me the defendant owing any monies to the Claimant, therefore the Claimant is put to strict proof to:

 

(i) show how the defendant had entered into an agreement; and

(ii) show and evidence the breach and service of the Default Notice;

(iii) show how the defendant has reached the amount claimed for; and

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

 

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

 

g. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed

Edited January 7, 2019 by old_andrew2017
missing information

[Guest Old_andrew2018]

the above is my defence as its due today

[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.

.

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

.

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 ******

.

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

…………..

 

 

add this after the generic 1st sentence

 

The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claimicon 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.