Lowell claim form - old studio debt***Claim Discontinued***

[dx100uk]

why cant you file the SB defence?

 

if SD twice now have said they hold no information, and they gave the reason it was outside of 6yrs?

then it must be SB'd as they must hold info under those 2 statutes I quoted..

 

as for you defence filing date, this was already clearly defined in post 14 and I've repeated that 3 times now.....

what bank account would you have used? can you not check that?

or try another credit file provider

others hold closed accounts listings which give the details of the debt when it was still under the original creditor, often those have all the history.

 

id pick a more recent cat debt defence as well that one a bit old hat in some of the responses.

 

As for the two letters if you 'd read a few lowell claimform threads in the downtime you've had..you'll see they are std ones they always send........

[bloodline67]

I didn’t want to file the SB defence just in case it wasn’t or do you think that’s the right way to go ?

I appreciate that you have explained to me about the defence filing date I was just hoping someone could confirm whether I had worked it out correctly or not.

I will try another credit provider as you suggest and also double check my bank account.

I didn’t think the defence I copied was that old i will have a look tonight to try and find a better one, though if the defence needs to be in tomorrow I will need to do it tonight as I won’t be able to do it tomorrow

[AndyOrch]

" The original agreement was started August 2012 and defaulted March 2014, but I’m unsure when the last payment was."

 

Where have you got this default date from ?

[bloodline67]

I got this from my noodle report

 

Andy about the default date got me thinking,

if that date is correct then studio should have that information as it’s less than 6 years I phoned them again.

 

Once again the only information they have is my name, address, account number and that it had been sold to Lowell.

That must mean either the date on my credit report is wrong or studio dumped all my data once they sold it to Lowell.

Not sure if any of this is relevant but thought I’d let you know

[jon8214]

my thoughts would be if the original creditor can't provide you with last payment details how is Lowell going to be able to

 

I would follow DX's advice and file a statue barred defence but please wait for confirmation from Andy or DX

[dx100uk]

taking you for a fool sorry..

if there is proof of data that is within 6yrs they MUST disclose it under the two acts I quoted in post 20.

 

did you tell them you were immediately getting on the phone to the ICO and making a serious complaint regarding them refusing you the data once you put the phone down?

did you speak to a supervisor?

[bloodline67]

Yes I did quote the two acts and when I asked to speak to the supervisor I was told that when they put me on hold they spoke to their supervisor and that they would tell me the exact same thing.

Ok, time is running out now which defence do you recommend?

[AndyOrch]

Lets see if we can fit parts of this missing jigsaw.....

 

Agreement date....August 2012

 

Last payment ......unknown

 

Default date registered.....March 2014

 

Debt assigned to Lowell ......Sept 2015

 

Given that all we have for certain is the registered default date that would mean the debt cant be statute barred until March 2020.

You have no means of proving the last payment date nor can studio provide any information with regards the debt..who in turn cant provide anything to the claimant ...Lowell.

 

I would be submitting the normal holding defence and requesting documents to prove its claim in this instance.

 

Andy

[bloodline67]

Thanks Andy that’s most helpful.

How does this defence look?

 

1.The defendant opened a studio regulated consumer credit account under reference *********on 15/09/2012.

 

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 25/09/2015 and written notice given to the defendant.

 

3.Despite repeated requests for payment the sum of £360 remains due and outstanding.

 

And the claimant claims the said sum of £360interest 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 0.076 but limited to one year being £27.91 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.

 

The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) 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.

 

Paragraph 1 is admitted insofar that a contractual relationship in the past with Studio did once exist but I 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 nature of the alleged breach and service and copy of a Default Notice pursuant to CCA sec 87.1

 

I am unaware of any legal assignment or Notice of Assignment allegedly served 25/09/2015 pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974

 

On the 31/01/2019 I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. To date the claimant has failed to comply to my CPR 31.14. The claimant also remains in default of my section 78 request and are therefore unable to enforce any agreement until such compliance.

 

On the 12/02/2019 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 18/2/2019 I still await their compliance.

 

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 and sec 78 CCA1974 and 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.

 

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 February 18, 2019 by Andyorch
Edited

[AndyOrch]

Check the above now

[bloodline67]

Thank you very much, I really appreciate your time and patience in helping me sort this out.

[AndyOrch]

You could always make a donation to help us cover our costs and continue to helps others like yourself:wink:

[bloodline67]

Just had the Court allocation paperwork through, do I agree to mediation even though I haven’t had any paperwork back from Lowell?

[dx100uk]

You should be reading other claimform threads during the downtimes to research what might be next..

 

But yes you do..

Use the search CAG box up the top right in the red banner

 "N180"

[Peterbard]

Yes a section 78, is it 77, never sure with catalogues, some people say they were  not covered by the CCA at all, despite what they say.

 

Interesting to see what comes back.

[dx100uk]

cca request thread..and its following posts there

[bloodline67]

Ok, just had an email from the mediation service asking me to contact them to arrange a date for mediation. I’ve still not had any other information from Lowell apart from the letter I mentioned in an earlier post saying they were contacting the original creditor. 

Do I still say yes to mediation even though I don’t have enough information? 

[dx100uk]

Until the actual mediation yes

Youll get the same q's asked..then you say no

[bloodline67]

Thanks dx, what is the reason for waiting for the actual mediation?

[dx100uk]

the spirit of mediation.

you should be seen to give the otherside every opportunity to give you the information. [=time]

sadly 9/10 as you've read here [haven't you..been researching between down times??]

mediation fails because the claimant has failed to give the defendant enough information upon their claim to make an informed decision.

[bloodline67]

Just got off the phone from mediation and was looking for some more advice.

 

I explained I had no paperwork from the claimant and couldn’t proceed without it, the mediator informed the claimant who said they had the paperwork and that they would email it to me. When I asked why it hadn’t been sent to me I was informed that they didn’t have to until it went to court, which I disagreed with.

 

So what do I do now? Wait to see what they send me? And is paperwork sent as an email proof?

 

Thanks

[AndyOrch]

Theoretically they are correct.... disclosure follows allocation...but given you made a CPR 31.14 request they had opportunity to comply and possibly prevent the claim proceeding further.Mediation is not really suitable to money claims involving credit agreements...hence the very poor success rate.......but you have to go through the motions.

 

Andy 

[bloodline67]

Thanks for the quick reply Andy.

I wait and see what they email me then ?

[AndyOrch]

Well yes if anything......may be nothing and they told the mediator that to keep them happy ?

[bloodline67]

Ok had the email.

It contains reconstituted copies of a statement, copy of the credit agreement, a letter of explanation of credit information and a copy of the default notice.

According to the statement the last payment was on the 9th July 2013 so that rules it out being statute barred, it does appear to be made up of lots of charges though.

 

The credit agreement is blank, no name, no account number and no signature, in fact only the statements and the default notice have have my name and account number on it.