Lowell PAP letter now claimform - old JDW CAT debt *** Claim Discontinued***

[AndyOrch]

You need to submit your defence by Monday 16th Dec...so you will have to submit before this Friday...400pm.

 

Andy

[shellbells1982]

Thanks Andy

 

I've been reading through posts and got a jist of what I might need to say in defence

 

Though stuck here on how best to word that the claimant has produced a flaky document:

 

3 On the 19/11/2019 (sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. They have sent an alleged copy of a CCA undated and unsigned from my cpr31.14 request. This is the first time I have seen this document.

 

And also in this section that they've failed to provide any evidence

 

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:

 

Should I re-submit my CPR 31.14 to Lowell solicitors requesting default notices and also submit my defence anyway with the included text as I obviously don't have time to wait and see what they send back?

 

Thanks

[AndyOrch]

No.... you dont resubmit a CPR 31.14...simply file the standard defence used on similar claims edited to suit your particulars.

[dx100uk]

but not yet!!

not due till/by 4pm Monday 16th

[shellbells1982]

Okay. Thank you both

 

I'm away for 2wks and arrive back in the UK on 14th December so just in time to file before Mondays deadline?

 

Any particular reason/ downsize to defending early? If I was to do it before I went away?

 

 

Thanks 

[dx100uk]

no real harm no.

[shellbells1982]

Okay thanks

 

I've drafted something to submit in my defence. If it could be read over and marked for errors

 

Thanks

 

1) The claim comprises the following agreement the defendant entered into: a. JD Williams & Co with reverence 1234567 and current balance of £559.77

 

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

 

3)And the claimant claims:

a) The said sum of £559.77

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 £44.ui

c) Costs

 

The Defendant contends that the 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 allegation to which a specific response has not been made.

 

1 Paragraph 1 is noted. I have had various catalogue agreements in the past with various companies. I do not recognise the account numbers referred to by the claimant.

 

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 19/11/2019 (sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. They have sent an alleged CCA copy undated and unsigned from my cpr31.14 request. This is the first time I have seen this document.

.

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 an original signed and dated copy of the consumer credit agreement 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

(c) 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.

[dx100uk]

looks ok to me

let andyorch check it 1st

[AndyOrch]

The Defendant contends that the 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 allegation to which a specific response has not been made.

 

1 Paragraph 1 is noted. I have had various catalogue agreements in the past with various companies. I do not recognise the account numbers referred to by the claimant.

 

2 Paragraph 2 is noted but not admitted.The claimant has yet to respond to my CPR 31.14 request with regards to disclosing a copy of the Notice of Assignment and Default Notice pursuant to CCA1974 sec87(1)

 

3 On the 19/11/2019 (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 responded with an alleged CCA  which is illegible not dated and therefore unenforceable pursuant to section 61 (1) CCA1974 also devoid of the prescribed terms and conditions.Therefore, such an agreement may be considered to be irredeemably unenforceable.The prescribed terms for the purposes of section 61 which are set out in Schedule 6 of the Consumer Credit Act (Agreements) Regulations 1983 

.

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 an original signed and dated copy of the consumer credit agreement 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

(c) 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.

[shellbells1982]

Thank you v.much Andyorch

[shellbells1982]

Hi,

I can’t log in to the MCOL website - says my login/password is incorrect. I’ve put it in exactly as what’s on the claim form. 

 

I want to submit 1st thing in the morning before I leave for work. I don’t want to run the risk of not being able to submit during the day. 
 

if I was to submit to them via email do I attach as a word doc or complete in the body of the email?

 

Thanks

 

 

[dx100uk]

as in post 13 SB.

 

don't worry about MCOL not working at W/Ends it often doesn't

they reset it when someone gets in Monday AM

 

it wont hurt you if miss 4pm tomorrow either.

if you haven't got in by tomorrow night

pop up here and we'll give you the email you attach a PDF too.

 

dx

 

[shellbells1982]

Thanks dx

[shellbells1982]

Managed to log on fine and submit the defence today at 4:30pm

[shellbells1982]

Received the MCOL defence letter response before Christmas 

 

Last week received a further response from Lowell Solicitors - stating; Our client is satisfied that they have a valid claim against me. Entitled to add interest to the claim amount. Enclosed the

 following documentation in regards to the account:

- statement of account

- credit agreement

- Lowell account statement 

 

Letter ends on a note of a settlement offer to avoid proceeding to hearing. Provides a Tomlim Order, should I fail to agree they may produce the letter at any hearing as evidence. 
 

ANOTHER letter received yesterday - we write further to the Notice of Proposed Allocation 

 

They’ve enclosed a copy of the client’s Directors Questionnaire (Small Claims Track)

 

Reading this, what’s the next stage please? And is there anything I need to do/ prep for?

 

Thanks v.much

[dx100uk]

Sstd letters they send with every court claim if you go read up on like Lowell claimform threads here.

 

await your blank  n180/ n149a from the court

[shellbells1982]

Thanks dx 

[shellbells1982]

Received the N180 form from the court

 

[AndyOrch]

 

[shellbells1982]

Thanks Andy

 

Is this to be done now via post - the N180? As I've logged on to MCOL and there doesn't look like anything for to action on there

[dx100uk]

yes

[AndyOrch]

1 hour ago, shellbells1982 said:

Thanks Andy

 

Is this to be done now via post - the N180? As I've logged on to MCOL and there doesn't look like anything for to action on there

 

MCOL has now ended once you get to the DQ stage.

[shellbells1982]

On 31/01/2020 at 11:39, Andyorch said:

 

MCOL has now ended once you get to the DQ stage.

 

Thanks

[shellbells1982]

Have since received a letter from the County Court Business Centre (23/03/20) of a Notice of Transfer of Proceedings - waiting for a court date as the Hearing Centre was not able to arrange mediation at this time.

 

Turns out that they did in fact email me - though this was sitting in my Junk Mail folder amongst over 200 spam emails so I missed it

[shellbells1982]

Update:

 

Had received an update from the County Court (CC) a few weeks ago of an assigned court day in October

 

Lowell Solicitors had since written to me with an offer - pay half the debt to stop the legal proceedings with the CC

 

Ignored them

 

Then today this morning received a letter from Lowell Sol that their client has instructed them to discontinue this claim and enclosed a copy of the Notice of Discontinuance filed to the CC

 

We (they) confirm that this brings the legal proceedings to an end

 

(attached)

LowellCourtClaimNoticeofDiscontinuance.pdf