Lowell Claimform - old 118118 PDL Subject to IRL Complaint Still With FOS ***Claim Discontinued***

[dx100uk]

Useless waffle

Off to the fos

[eoghan]

Sent today.

[dx100uk]

open

[eoghan]

Had a County Court Claim arrive today.

 

 

Scan 21 Nov 2020_Redacted.pdf

[dx100uk]

please complete this:

You have received a Court Claim ISSUED IN ENGLAND & WALES What you need to do - Financial Legal Issues - Consumer Action Group

 

did lowells not sent a Letter Of Claim about a month or 2 ago then?

 

 

[eoghan]

They sent a letter some time ago during lockdown 1 stating that if no action on my part then they'd issue a claim. I tore it up. I'll follow the link above thank you.

 

Claimant - LOWELL PORTFOLIO I LT

 

Date of issue – 19 NOV 2020

 

Date  to acknowledge) = 07/12 

 

date to submit defence = 21/12 (33 days in total) -

 

Particulars of Claim

 

What is the claim for – 

 

1)The Claim comprises the following Agreement the Defendant entered into: a. Madison CF UK Ltd with reference xxxxx and current balance of £2485.92 

 

2. The Agreement was terminated as payments were not maintained and subsequently assigned to the Claimant.

 

And the Claimant claims:

a) The said sum of £2485.92

b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, but limited to one year, being £198.87

c) Costs

 

What is the total value of the claim? 2869.79

 

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? No
 

Did you inform the claimant of your change of address? NA

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

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

Do you recall how you entered into the agreement...On line /In branch/By post ? Online 
 

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. Account has been assigned
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No I do not recall ever receiving a NoA
 

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

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Yes
 

Why did you cease payments? Fell into financial hardship
 

What was the date of your last payment? 2017
 

Was there a dispute with the original creditor that remains unresolved? IRL was raised and they 118118 said no issue on their part. In the main thread.
 

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

[dx100uk]

pop up on the MCOL website detailed on the claimform.
[if mcol is not working return after the w/end or the next day if week time]
.
 register as an individual on the Gov't Gateway Site
 note down your details inc the long gateway number given, you might need it later.
 then log in to the MCOL Website
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked
 you DO NOT file a defence at this time
[BUT you MUST file a defence regardless by day 33 ]
click thru to the end
confirm and exit MCOL.
..
get a CCA Request running to the claimant

https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/

..

Leave the £1 PO unsigned and uncrossed

.

get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant]
...
.[use our other CPR letter if the claim is for an OD or Telecom Debt]
.

https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/

on BOTH type your name ONLY
Do Not sign anything
.
you DO NOT await the return of ANY paperwork 
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

..............

 

[eoghan]

Ok thanks.

 

1. I'll do the MCOL tomorrow

2. CCA request was done at the beginning of the process and is in the thread above, do I need to do another?

3. CPR posted tomorrow

 

[dx100uk]

2. that was +18mts ago 

[eoghan]

No update to record. Still no response form the solicitors or claimant.

 

Anyone able to assist in terms of putting the defense together?

 

Thanks.

[dx100uk]

twill be our std holding/no paperwork defence you've used before 

 

[eoghan]

Defence filed by the way. I was late filing as I was away and didn't have internet access. But the moneyclaim site let me submit it anyway. I'll keep you posted.

[AndyOrch]

It would be advisable to post a copy here of your defence.....if you still require advice.... as this progresses.

 

Andy

[eoghan]

Claimants POC:

1)The Claim comprises the following Agreement the Defendant entered into: a. Madison CF UK Ltd with reference XXXXXXX and current balance of £2485.92

2)The Agreement was terminated as payments were not maintained and
subsequently assigned to the Claimant.

And the Claimant claims:

a) The said sum of £2485.92
b) Interest pursuant to s69 County Courts Act 1984 at the rate of
8% per annum from the date of assignment to the date of issue, but
limited to one year, being £198.87
c) Costs

 

DEFENCE
The Defendant contends that the particulars of the 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.

There is no contract between the CLAIMANT and the Defendant(s) and the Claimant has failed to provide proof in any correspondence with the Defendant(s) despite the request to do so.

Allegedly the CLAIMANT were assigned to the CLAIMANT but were unable to provide proof of allocation and the matter was closed as far as I was concerned.

 

The CLAIMANT was asked to provide proof of allocation and to date have failed to provide said proof and to return the Security Instrument upon which this alleged debt was formed on payment of the alleged debt.

I deny any indebtedness to the Claimant but particularly deny they are due statutory interest on the alleged amount and as such I request full disclosure of the amount the Claimant alleges to have
paid for this alleged debt.

The agreement/contract, including the specific Terms at the point the alleged Agreement was made and any subsequent changes need to be furnished by the Claimant to validate any alleged indebtedness
on the part of the Defendant.

 

Respectfully, you will appreciate that in an ordinary case and by reason of the provisions of CPR PD
16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and
the originals should be available at the hearing.

 

Further, that any general conditions incorporated in the contract should also be attached:

a. The deed of assignment
b. The notice of assignment
c. The default warning letter
d. The default notice

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 noted. I have no recollection of any financial dealings with the CLAIMANT or MADISON CF LTD. However, I am still unaware of what alleged debt with the Claimant refers to having failed to adequately particularise its claim and have had no banking business whatsoever with The Claimant.

 

I do not recall receiving any Notice of Assignment from either assignor or assignee pursuant to the Law of Property Act 1925.

It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has declined to provide any evidence of assignment/balance/breach requested by CPR 31.14,

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
c. show and evidence the breach and that a Default Notice was issued pursuant to Sec 87.1 CCA1974;
d. show how the Claimant has the legal right, either under statute or equity to issue a claim;

is able to furnish the defendant with the original (not a copy) Security Instrument on settlement of the alleged debt: is able to provide a certified true copy of the Deed of Assignment and Original at any hearing

A true and certified copy of the consumer credit agreement / contract subject to section 77 of the Consumer Credit Act 74 and also comprising The Consumer Credit (Prescribed Period for Giving
Information) Regulations 1983 [SI 1983/1569].

On receipt of this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants particulars to establish what the claim is for.

 

To date they have declined to comply to my section 78 request and remain in default and with regards to my CPR 31.14 request. Therefore, the claimant in their non-compliance to my requests have frustrated my attempts to clarify their claim and failure to comply with pre-action protocol should be considered when the question of costs arise and whether or not this claim should proceed at all. 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, 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 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 thereof.

The Defendant also contests Jurisdiction and respectfully request that if any hearing is to proceed that the case is moved to the XXXXX County Court.

If the court feels that the Claimant has no claim due to their inability to provide the evidence requested the Defendant respectfully asks the court to issue Stay Of Proceedings.

This defence is hereby certified as true to the best of my knowledge.

[dx100uk]

shame you unnecessarily fluffed out our std response with some rather meaningless twaddle.. 

[eoghan]

Looks like I missed the deadline even though money claim let me submit the defence after the cutoff date. Now what?

Scan 31 Dec 2020_Redacted.pdf

[dx100uk]

no and it doesn't come from the fleecers 

read it properly it doesn't actually say you have missed anything

just another frightening letters designed to harass and intimidate 

 

simply check on MCOL .

 

[eoghan]

So I just wait until the enter the CCJ against me? It states if I don't pay in 7 days they'll proceed with the application for the CCJ.

[eoghan]

Had a response from Lowell back on the 30th Nov, envelope fell behind the counter.

Scan 01 Jan 2021_Redacted.pdf

[dx100uk]

what is the last entry on the status of the claim on MCOL..

i would expect it says defence filed xxx date

[eoghan]

Your acknowledgment of service was received on 30/11/2020 at 08:06:09

Your defence was submitted on 24/12/2020 at 12:32:04

Your defence was received on 29/12/2020 at 01:28:46

[dx100uk]

Good next move is not yours then.

 

 

[eoghan]

Good stuff. Cheers.

[eoghan]

This has arrived.

 

Ignore??

Scan 05 Jan 2021_Redacted.pdf

[dx100uk]

std letter any creditor must send if they consider a debt they hold is in arrears.

means nothing.

 

dx