Lowell Claimform - old HBOS Credit card ***Claim Discontinued***

[zaggacom]

I received a County Court summons 17 October 18, for a debt from BoS credit card 

 

the particulars of claim are as follows

 

1.The Defendant entered into an agreement for a Bank of Scotland (Credit card) under ref XXXX XXXX XXXX XXXX.

 

2.The defendant failed to maintain the required payments and the service was terminated.

 

3. The agreement was later assigned to the Claimant on 24/11/2016 by BoS PLC and notice given to the defendant.

 

4.Despite repeated requests for payment, the sum of £3400 remains due and outstanding

 

And the claimant claims 

The said sum of £3400 and costs.

 

After i received this I sent a section 77 79 request for my credit agreement dated 29th October 2018 ,

which I have not received,

I only received an acknowledgement and nothing else.

On the same day I also sent a cpr 31.14 letter to them as well.

 

I notified the court of my intention to defend the case. 

I filed my defence on 8/11/18

I have since received an offer of mediation which i refused.

 

The court has now notified me on the 14th February 2019,  that the case will be heard in court in August 2019 

 

It says that

 

1.Unless the claimant does by 4:00pm on the day of 16th July 2019 pay to the court the trial fee of £355 or file a properly completed application for help with fees, then the claim will be struck out with effect from 16th July 2019 without further order and , unless the court orders otherwise, you will be liable for the costs which the defendant has incurred.

 

what should I do now,

wait to see if they pay the trial costs on 16th July? 

Then start preparing my defence. 

Or should I be doing anything else. 

 

They havent even sent me the credit file or credit agreement, or responded to my cpr request.

 

Not sure what to do,

I cannot remember when the credit card was originally taken out, a

nd there is no dates on any of the forms saying when it was taken out,

just that it was assigned to Lowell in 2016.

 

What is the best course of action?

 

 

[AndyOrch]

Thread moved to Financial legal Issues Forum in view of the court claim...please continue to post here to your thread.

 

If you could read the following link and then copy and paste the Q,s and your responses back here so we have a history of the debt and claim.

 

Regards

Andy

[zaggacom]

Name of the Claimant ? Lowell Portfolio

 

17/10/18

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) -

 

Particulars of Claim

The Defendant entered into an agreement for a Bank of Scotland (Credit card) under ref XXXX XXXX XXXX XXXX.

The defendant failed to maintain the required payments and the service was terminated.

The agreement was later assigned to the Claimant on 24/11/2016 by BoS PLC and notice given to the defendant.

Despite repeated requests for payment, the sum of £3400 remains due and outstanding

And the claimant claims 

The said sum of £3400 and costs.

 

What is the claim for – the reason they have issued the claim? 

Unpaid credit card.

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?

yes

 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?

Yes

 

 

Did you inform the claimant of your change of address?

Yes

 

What is the total value of the claim?

£3,750

 

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

Credit card

 

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

November 2008

 

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

No

 

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.

Account assigned from BoS to Lowel Portfolio

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?

Allegedly 15/12/2016.

 

Did you receive a Default Notice from the original creditor?

Allegedly  4/7/2009

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?

Dont Know

 

Why did you cease payments?

Financial difficulties

 

What was the date of your last payment?

I had an agreement to pay £1 pm, but stopped paying in 2015

 

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 I had an agreement to pay £1 pm

 

 

[dx100uk]

What defence did you file please

[zaggacom]

The standard credit card defence which I got off here.

Defence

 

1. 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.

 

2. Paragraph 1 is noted and it is accepted insofar that I have once held a contractual relationship with(Insert original creditor). I do not recollect the details nor am I aware of any outstanding balance that the claimant refers to and have therefore sought clarity from the claimant given that that they are the assignee of this alleged debt and have very little knowledge of what they are claiming and do not appear to be able to disclose any further details by way of CPR 31.14.

 

3. Paragraph 2 is denied I have never received any Default Notice from the original creditor nor the claimant

 

4. Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served over x months ago.

 

5. On the xxxxxxxxx ( 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.

 

6. 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 and evidence the nature of the breach and service of a valid 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;

 

7. 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

 

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

 

9. 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.

 

10. 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.

 

Alternative finish….

 

10. On the xxxxxxxx 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 not entitled to to enforce the agreement or request any relief until such compliance.

 

11. By reason of the facts and matters set out above, the claimants claim is denied.

[dx100uk]

nothing further you really need to do then until july 19

ring the court say the day after see if they paid.

as the court case in not until august you've not gotta do a witness statement till 14 days before

HOWEVER..no harm in researching now

[AndyOrch]

What date are the courts directions to each party ? When must you submit your statement and disclosures by ?

 

Andy

[zaggacom]

It says all witness statements and documents that are to be relied upon for the hearing should be sent to the court 14 days before the case hearing, and also sent to the other party.  So that needs to be done by 30th July, if they have paid the fee to proceed to the hearing, by the 16th July.

[AndyOrch]

 Just checking you had read that far the directions...most posters stop reading after mediation and hearing fee and then realise they have to submit a statement and disclosures when its far to late to prepare.

[zaggacom]

Hello, I have now received a Tomlin Order draft from Lowells, and they have also sent a blurred one page copy of a Credit Agreement that does have my signature on, curiously it has an agreement number on it but not the credit card number, it is difficult nigh impossible to read it.

 

They have also sent a standard default notice copy with no details on, and a copy of a letter for the Notice of Assignment.

 

They say I have 14 days to respond.  Just dont know what to do, can anyone give me some advice.  I dont know if I do nothing that they may continue to take this to court and pay the fee by the 16th July.

Regards

 

xxx

[dx100uk]

ignore its a begging letter

give us something before we have to throw the towel in

[AndyOrch]

Difficult to advise as you did not provide much detail in your post #3...mostly " Don't Know ".......you still haven't checked your credit reference files. ?

 

Andy

[zaggacom]

Not sure what you mean, DX100K  "give us something before we have to throw the towel in" , and what information do you need from the credit reference file Andy?  I dont know what i am looking  for.

[AndyOrch]

To see if the debt is still showing....we have nothing to go on from your responses post#3.

 

You dont know when you entered into the agreement 

You dont know if you received a default notice.

You dont know if you received a Notice of Assignment

You dont know if its still showing on your credit files.

 

You need to put a little research into this if you wish to successfully defend the claim.

[zaggacom]

The agreement is from November 2008, will it still show on my credit file?  i thought  the credit files only went back 5 years.  

 

I dont remember a default notice but they say they sent one, i do not have a copy, but that doesent mean i didnt get one back in 4/7/2009 as that is when their records say it was sent. 

 

The same with the Notice of assignment they have sent me a copy saying it was sent 15/12/2016.

[AndyOrch]

No it wont show if the default was 4/7/09...but now you have provided a bit of information it helps to move  forward.

[zaggacom]

Thought so, so are they just trying to get me to pay a nominal amount each month by sending a Tomlin Order, because they will not be willing to pursue this finally through to court, I mean they have probably purchased the debt for 10 or 20p in the pound, so is it worth it for them to pay a barrister etc to take it to court?

[AndyOrch]

Tomlin Order is cheaper than a hearing fee (subject to the value of the claim) and Counsel costs...go figure 

 

Every penny they spend to litigate and enforce it reduces their investment.

[zaggacom]

Had a letter from Lowells sols today saying they are Discontinuing the Claim.  They enclose a copy of their Notice of Discontinuance.  This brings their Legal Proceedings to an end.

 

Just like to say thank you to DX100Uk and Andyorch again for their help on this case.

[AndyOrch]

   Thread title amended to reflect the outcome.

 

Result

 

Andy

[dx100uk]

 

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