Lowell Claim Form - shop direct simplyBe cat ***Claim Discontinued***

[Cosmicdancer]

name of the Claimant ? lowell

 

Date of issue – 14/03/2019

 

Particulars of Claim

 

1.The defendant opened a Simple Be regulated consumer credit account under reference XXXXXX on 11/12/2015.

 

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 22/09/2016 and written notice was given to the defendant.

 

3.Despite repeated requests for payment , the sum of £278.80 remains due and outstanding .

 

4.And the claimant claims the sum of £278.80 and the interest pursuant to s69 Count Courts Act 1984 at the rate of 8% annum accruing at a daily rate etc, but limited to one year being £22.30

 

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

 

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?No

 

What is the total value of the claim?£386

 

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

 

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.Lowell

 

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

 

Did you receive a Default Notice from the original creditor? Yes , unsure as person in question was kicked out of their home on numerous occasions in a violent relationship

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Unsure all letters were being destroyed before finding CAG

 

Why did you cease payments? A lot of other debts priority bills etc to take care of with little hours being worked

 

What was the date of your last payment? 2015 sometime

 

Was there a dispute with the original creditor that remains unresolved? Not that i know of

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No

[dx100uk]

Follow the rest of that link 

Do AOS on mcol

Get cca request

And

Cpr 31:14 running

[Cosmicdancer]

Hi there ,

 

sorry about the late response but the person in question are now in a hospital detained for 28 days under the mental health act.

 

Can i continue this defence on their behalf?

Or do we have reasonable grounds to get the case ajourned/moved?

 

I really am in a terrible upset frantic state 

Thanks

 

Cosmicdancer

[dx100uk]

if you have proof then send it to the claimant solicitors and ask them to drop the claim.

[BankFodder]

In addition to the above – and for the avoidance of doubt and as a precautionary measure, I would also file the defence simply saying that the the defence has been filed on behalf of the defendant who is not competent at the moment because they have been sectioned under the mental health act.

Although this is not really a proper thing to do, it will make sure that everybody is on notice and it will help you later on if the notice which you have been advised to serve above, gets accidentally lost

[AndyOrch]

Simply submit  the defence through MCOL using the relevant username and password....MCOL wont know who submitted.

 

Andy

[dx100uk]

have you done AOS  CCA  CPR? yet

if not do so!!

 

thread title updated for clarity

 

[Cosmicdancer]

Hi sorry about the delay, i have had no way of internet access until today , relative is alive and safe however still under hospital care.

 

AOS was submitted today , do i file a defence with the mental health act etc ? I know i am really pushing it close to time and courtrooms dont care for real life tragedys. I don't even know how much time is left on the clock to get everything done by.

 

Thanks

[dx100uk]

have you done ALL of post 2 and what is suggested in post 4 yet please?

 

[Cosmicdancer]

Not yet i have filed a defence saying the defendant isn't competant to deal with claim due to section and i have asked for more time so i can get all of the relevant documents

[dx100uk]

we didn't say do that.

you don't need more time

get the CCA and CPR running.

 

so what defence have you filed please

it was not due till the 15th!!

[Cosmicdancer]

  XXXXX since receiving the claim letter the defendant has been detained under the Mental health act and is currently in hospital.

He is not competent enough to deal with this claim at this moment in time.

We were not aware of this claim as he has been in hospital for over 2 weeks.

He is currently seeking help for his finances and we ask the court to give us some more time so we can contact the claimant and receive all of the relevant information regarding this case. I am his XXX, trying to do the best i can for him.

Kind Regards

XXXXXX XXXXXX

 

sorry my emotions are everywhere and i hit the panic button. sending documents tomorrow when i can get to a library printer.

[Cosmicdancer]

update:

 

Notification that the claim against you was discontinued was received on 15/04/2019 at 19:09:59

 

does this mean this is over for now?

 

thanks so much for your help.

[dx100uk]

yes you won

 

give it a few days and check with the court 

 

dx

 

[Cosmicdancer]

i have had confirmation in the post , i have had another CCJ in the post personally for me and i will make a seperate thread. thanks for your support.

[AndyOrch]

Well done Cosmic...thread title updated.

 

Andy