Lowell claimform - 3 sep CAT debts ***Claim Discontinued***

[disneygirl]

Hi Andy

If info required below "Linked Addresses" I can pm it to you.

Thanks

 

Particulars of claim for reference only

 

1)The Claim comprises the following Agreements the Defendant entered into:

a. JD Williams & Company Limited with reference ,,,,,,,,, and current balance of £1319.67

 

b. JD Williams & Company Limited with reference …….. and current balance of £246.50

 

c. Express Gifts Limited with reference ,,,,,,, and current balance of £1209.97

 

The Agreements were terminated as payments were not maintained and subsequently assigned to the Claimant,

 

which claims:

a) The total of the said sums being £2776.14

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 £222.09

c) Costs

 

 

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.
.
1.Paragraph 1 is noted. I have had an agreement in the past with J D Williams and also with Express Gifts but do not recognise the account numbers 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 alleged statement of its particulars.
.
3.Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served.
.
On the 22/07/2019 reference “Express Gifts” (sent by recorded delivery, received 24/07/2019) 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.

.

On the 23/07/2019 concerned about a J D Williams account shown on my Equifax credit file I discovered the following:

Linked Addresses

1

 

Mail Order Agency from Jd Williams Ta Fashion World / XXXXXXXXXXXXX14FW

Name		Date of Birth
Monthly Terms	0 @ £ 0	Status	Settled
Payment Frequency	Monthly	Current Balance	£ 0
Start Balance	£ 0	Credit Limit	£ 0
Default / Delinquent Balance	£ 0	Start Date	28/03/2014
Date Updated	29/04/2019	Date Last Delinquent
Date Satisfied	20/04/2019	Default Date

 

I phoned J D Williams on 23/07/2019 (0345 026900) at 18.02hrs I explained to the person I spoke to that I was trying to find out details of any old accounts I may or may not have held in my name “xxxxxxxxxx” at my current address since 2010 or my old address xxxxxx from 1995 until 2010. I also asked about the Equifax entry as shown above.

 

The person I spoke to at J D Williams listed a lot of the items that were purchased on both accounts, and except for shoes none were near my size, her recommendation is for me to ring Lowell and dispute both accounts (even though claim form issued) and both accounts should be returned to J D Williams as being in dispute as a possible fraud investigation.
.

On the 24/07/2019 reference “J D Williams” (sent by recorded delivery, received 26/07/2019) 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.

 

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:
.
(a) show how the Defendant has entered into an agreement with the Claimant; and
(b) show how the Defendant has reached the amount claimed for; and
(c) show how the Claimant has the legal right, either under statute or equity to issue a claim;
.
4.As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.
.
5.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.
.
6.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.
.
Regards

 

 

 

[AndyOrch]

I have brought forward the particulars of claim and now you will note that that your responses to not align the numbers within their particulars.

 

Also you cant add a table of linked address if this is being submitted vis a MCOL..that is something you would reserve for your witness statement should it proceed that far.

 

Regards

 

Andy

[disneygirl]

Items altered shown in bold red

information on Express Gifts (bold Red) just discovered tonight on different credit report site

 

1)The Claim comprises the following Agreements the Defendant entered into:

a. JD Williams & Company Limited with reference ,,,,,,,,, and current balance of £1319.67

 

b. JD Williams & Company Limited with reference …….. and current balance of £246.50

 

c. Express Gifts Limited with reference ,,,,,,, and current balance of £1209.97

 

The Agreements were terminated as payments were not maintained and subsequently assigned to the Claimant,

 

which claims:

a) The total of the said sums being £2776.14

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 £222.09

c) Costs

 

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.
.
1.Paragraph 1a is noted. I have had an agreement in the past with J D Williams but do not recognise the account numbers referred to by the claimant.
.

Paragraph 1b is noted. I have had an agreement in the past with J D Williams but do not recognise the account numbers referred to by the claimant.

.

Paragraph 1c is noted. I have had an agreement in the past with Express Gifts but do not recognise the account numbers 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 alleged statement of its particulars.
.
3.Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served.
.
On the 22/07/2019 reference “Express Gifts” (sent by recorded delivery, received 24/07/2019) 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.

.

Further to Express Gifts my credit report shows Account Satisfied on 25/10/2015 for the same value as claimed.

.

On the 23/07/2019 concerned about a J D Williams account shown on my Equifax credit file I discovered the following:

That a person or persons unknown at my old address were using a variation of my surname but a completely different date of birth for an account at J D Williams, Account Start Date 28/03/2014 – Account End Date 20/04/2019.

.

I phoned J D Williams on 23/07/2019 (0345 026900) at 18.02hrs I explained to the person I spoke to that I was trying to find out details of any old accounts I may or may not have held in my name “xxxxxxxxxx” at my current address since 2010 or my old address xxxxxx from 1995 until 2010.

I also asked about the Equifax entry as indicated above.

The person I spoke to at J D Williams listed a lot of the items that were purchased on both accounts, and except for shoes none were near my size, her recommendation is for me to ring Lowell and dispute both accounts (even though claim form issued) and both accounts should be returned to J D Williams as being in dispute as a possible fraud investigation.
.

On the 24/07/2019 reference “J D Williams” (sent by recorded delivery, received 26/07/2019) 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.
.

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:
.
(a) show how the Defendant has entered into an agreement with the Claimant; and
(b) show how the Defendant has reached the amount claimed for; and
(c) show how the Claimant has the legal right, either under statute or equity to issue a claim;
.
4.As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.
.
5.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.
.
6.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.
.
Regards

 

 

 

[dx100uk]

pers I wouldn't go into that amount of detail.

don't do the claimants work for them.

it's for then to prove things not for you to disprove them at this stage?

IMHO..simply pluralise the replies i'e agreements, original creditors,, etc etc

…………..

 

sorry..I though it was generally accepted by you now you did have these accounts?

[disneygirl]

will keep trying until I get it right

 

1)The Claim comprises the following Agreements the Defendant entered into:

a. JD Williams & Company Limited with reference ,,,,,,,,, and current balance of £1319.67

 

b. JD Williams & Company Limited with reference …….. and current balance of £246.50

 

c. Express Gifts Limited with reference ,,,,,,, and current balance of £1209.97

 

The Agreements were terminated as payments were not maintained and subsequently assigned to the Claimant,

 

which claims:

a) The total of the said sums being £2776.14

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 £222.09

c) Costs

 

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.
.
1.Paragraph 1a is noted. I have had an agreement in the past with J D Williams but do not recognise the account numbers referred to by the claimant.
.

Paragraph 1b is noted. I have had an agreement in the past with J D Williams but do not recognise the account numbers referred to by the claimant.

.

Paragraph 1c is noted. I have had an agreement in the past with Express Gifts but do not recognise the account numbers 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 alleged statement of its particulars.
.
3.Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served.
.
On the 22/07/2019 reference “Express Gifts” (sent by recorded delivery, received 24/07/2019) 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.

.

I phoned J D Williams on 23/07/2019 (0345 026900) at 18.02hrs.

The person I spoke to at J D Williams listed a lot of the items that were purchased on both accounts, and except for shoes none were near my size, her recommendation was for me to ring Lowell and dispute both accounts (even though claim form issued) and both accounts should be returned to J D Williams as being in dispute as a possible fraud investigation.
.

On the 24/07/2019 reference “J D Williams” (sent by recorded delivery, received 26/07/2019) 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.
.

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:
.
(a) show how the Defendant has entered into an agreement with the Claimant; and
(b) show how the Defendant has reached the amount claimed for; and
(c) show how the Claimant has the legal right, either under statute or equity to issue a claim;
.
4.As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.
.
5.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.
.
6.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.
.
Regards

 

 

 

 

[AndyOrch]

Particulars of Claim for reference only

 

1)The Claim comprises the following Agreements the Defendant entered into: JD Williams & Company Limited with reference ,,,,,,,,, and current balance of £1319.67

 JD Williams & Company Limited with reference …….. and current balance of £246.50.Express Gifts Limited with reference ,,,,,,, and current balance of £1209.97

 

2)The Agreements were terminated as payments were not maintained and subsequently assigned to the Claimant,

 

which claims:

a) The total of the said sums being £2776.14

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 £222.09

c) 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.

The claimants claim is denied for the three alleged agreements I have never held any agreements with the various companies under the references numbers referred to.

2 Is noted but not admitted. As above I have no knowledge of the various agreements therefore any alleged breach or assignment is irrelevant.

Notwithstanding the above on the 22/07/2019 reference “Express Gifts” (sent by recorded delivery, received 24/07/2019) 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.

 

On the 24/07/2019 reference “J D Williams” (sent by recorded delivery, received 26/07/2019) 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.
.

It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence  in support of its claim as requested by CPR 31. 14, therefore the Claimant is put to strict proof to:
.
(a) show how the Defendant has entered into an agreement/s and

(b) Show and evidence the nature of breach and termination and service of  a Default Notice pursuant to section 87(1) CCA1974
(c) 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.
.
On the alternative, as the Claimant is an assignee of  debts, 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.
.
6.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.

[disneygirl]

Hi Andy

Many thanks

I presume I copy paste in its entirety (with addition of reference numbers) and submit?

Defence due 12/08 latest so that day before 4pm? or earlier?

[AndyOrch]

Correct...not really necessary to add reference numbers

[disneygirl]

oh----- OK will do

[disneygirl]

checking and re-reading in submitting defence do I include POC details in red?

sorry to seem dumb just trying to cross all the t's and dot the i's

[dx100uk]

no

[disneygirl]

thanks dx

will start looking at witness statement's next

[AndyOrch]

Your keen .....may not get that far once they digest the above defence 

[disneygirl]

Yes Andy

BUT preparation is half the battle lol

[disneygirl]

Defence submitted @ 15.49 on 12/08/2019

now to wait and see

cannot thank DX and Andy enough

will keep you informed of any and all progress

T

Edited August 12, 2019 by disneygirl

[disneygirl]

Hi

Well Low has deigned to reply, received today, see attached PDF

Presumably I ignore this?

As always will be guided by those more knowledgeable than myself.

Many thanks

[dx100uk]

unredacted PDF

removed.

 

dx

 

[disneygirl]

Sorry dx, should have paid more attention, thanks

Attached redacted pdf

Lowells N180.pdf

[dx100uk]

std dq [n180] they always send just to supposedly unsettle you.

await your blank one from the court.

 

dx

[disneygirl]

I presume I would complete the court one (after advice) and return it

[dx100uk]

or research this now

part of cag is selfhelp during the downtimes during progression to know what to do next

just about any claimform thread in this forum details what happens and what to do.

 

[disneygirl]

Hi

Still awaiting dq [n180] from court is this unusual re the amount of time since posting defence?

Checked MCOL nothing shown except dates defence submitted and received.

Any thoughts much appreciated, even if its only to bite my tongue and to sit and wait for the court.

 

[AndyOrch]

Until it states Allocated on MCOL.....you wont get a DQ which signifies that Lowell's have not informed  the court to proceed

[disneygirl]

Thanks for prompt reply Andy out of UK from 07/09 for a week just getting concerned

I know you are busy once again many thanks

[dx100uk]

you are only away for a week

wont matter if yours comes whilst away.

 

dx