Backdoor Lowell CCJ - old very cat debt at Old Address 11 years ago!

[AndyOrch]

If you didnt update Very then I suppose they have a point.....It would come down to whether  the court would agree that previous claims made to your current address would count as good data to serve any further claims to to the new address...borderline.

[chimp123]

Hello Very had my address, I was at the address I am now when I took out the credit. 

I haven't moved since. 

I think when they mean client they meant lowell.....???

Could be wrong.  

 

[AndyOrch]

That makes a difference then...their client was Very before assignment 

[chimp123]

I think this is good news,

 

received paperwork today of my sar and nearly all correspondence for the debt in question is for my current address?!

except then they applied to the court for the ccj.

 

now I have all the paper work,

need a good read of it

 

going to do my set aside Case.

surely with all the chase letters going to my current address etc this stands me a good chance. 

[dx100uk]

very!! [SIC]

[dx100uk]

might be better not to post pers details directly to an open thread anyone can read?

post removed.

 

dx

 

[chimp123]

sorry didnt think I put anything that anyone could use if they wanted to? what bits should i not include i took out name and claim number?

 

[chimp123]

In the County Court at 

Claim No: 

 

LOWELL SOLICITORS

Claimant

And

 

 

Defendant

 

Witness statement

1.    I understand that the Claimant obtained a Default Judgement against me as the Defendant in JUNE 2019. However, this claim form has not been served at my current address and I thus was not aware of the Default Judgement until September 2019 when I was doing a routine check on my credit file. I understand that this Claim was served at an old address ******. However, I moved to a new address in September 2011 and I moved from ******** in 2008. In support of this I can provide confirmation from ********* County Council showing my updated details for the purposes of paying Council tax.

2.    I requested a sar from Lowell solicitors which shows them contacting me at my current address and not needing to contact an address where I never took credit or moved form 11 years ago.

3.     It is denied that the Defendant owes the Claimant £3154.09 as stated in their particulars of on the 15/05/2019

4.    I have never received agreement & default notice from Lowell solicitors ltd.

5.     On the 12/11/2019 I sent a formal request for a copy of the original agreement to Lowell Suitors pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.

6.    I request the court orders the Claimants to provide the necessary documentation for me to fully plead my case else the Claim should stand struck out.

7.    In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence and would ask that the Claimants bear the costs of the amendment.

Statement of Truth

The contents of my statement are true to the best of my knowledge and belief

Signed: **********

Dated: 12/11/2019

 

Hope this is better so its not removed?

 

IN THE ******* COUNTY COURT

Claim No. ********

BETWEEN:

LOWELL SOLICITORS

Claimant

– and –

Defendant

********

_________________________________

DRAFT ORDER
_________________________________

 

Upon reading the defendant’s application dated 15^th May 2019

It is ordered that:

1. The judgment dated *********be set aside.

2. The Defendant has filed a draft defence enclosed with application

3. The Claimant do pay the Defendant’s costs of this application to the sum of £255

4. The Claimant has permission to file and serve a reply if so required.

[dx100uk]

Dont really think that cuts it..

simply

the above only covers your set aside reason.

 

put the you have evidence you informed the original creditor of your current address on xxx ..some xxx months/years before the ccj.

 

id also drop the embarrass ed defence bit at the end.

 

what defence are you offering that you dont owe the money?

Simply saying the claimant might not have paperwork is immaterial. The ccj trumps that.

 

[chimp123]

Hey DX i am planning to use this as my defence, 

 

In the 

Claim No: [XXXXX]

[]

Claimant

And

[Lowell Solicitors]

Defendant

DEFENCE

1.The Defendant received information about the claim from a SAR request case number from Lowell Solicitors on 08/10/2019

 

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3.This claim appears to be fo a Catalogue Account agreement regulated under the Consumer Credit Act 1974.

 

4.It is denied that the Defendant has previously entered into an agreement with shop direct for provision of credit.

 

5.The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

6.The Claimant’s Particulars of Claim states the agreement was entered into on 13/05/2013

 

7.It is denied that shop direct served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.

 

8.On the 13/11/2019 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Lowell solicitors. I requested the Claimant provide copies of the Agreement, Default Notice. 

 

9.Lowell Solicitors has not sent any of these documents to the Defendant.

 

10.On the 13/11/2019 The Defendant sent a formal request for a copy of the original agreement to Lowell solicitors pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.

 

11.The Claimant has failed to comply with s77Consumer Credit Act 1974 and by virtue of s77 Consumer Credit Act 1974 cannot enforce the agreement.

 

12.Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

13.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.

14.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his defence and would ask that the Claimants bear the costs of the amendment.

 

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.

Signed ________________________________

Dated  ________________________________

 

[dx100uk]

you cant really question the validity of any paperwork produced or not in a set aside witness statement relating to the original agreement and the consumer credit act.

the fact the a default CCJ was issued trumps all of that.

 

you need to concentrate on the proof you have from the original creditor that they had your present address when they sold the debt on and Lowell purposefully filed to an old address of 11yrs. you can also point to the fact that lowells have also issue 2 additional Claimforms to your current address so were again well aware of your correct address. 

[chimp123]

ok I'm a little confused. in my witness statement you said that will work for the set aside case so you need a defence as well? s

I've done both?

 

should I update the earlier witness statement for set aside and concentrate on that they new my address etc.

then is the defence ok? 

[dx100uk]

a witness statement to accompany a set aside application needs to address two issues.

 

1. the reason why the judgement should be set aside

2. a brief defence for why you don't owe the money claimed in the original particulars of claim.

 

you have a good and IMHO water tight provable reason for 1.

 

however, you don't appear to have a brief defence for 2 that I can see.

stating the claimant didn't provide/nor has now any enforceable  paperwork is not a valid defence, the fact that a default judgement was gained negates any requirement.

 

this debt also appears to be very recent in takeout, so most probably an online sign up and they rarely provide any leeway with paperwork errors anyway and CCA/DN etc are readily available.  

 

[chimp123]

thanks dx makes complete sense now for point 2 all I have is chase letters from lowell nothing really to prove the debt.

surely I get the case set aside and it starts the whole process again

they have to provide paperwork to prove the debt or at my worst contest the interest. 

 

then normally lowell when contested they cant provide any proof?

 

worst case I'm hoping to get case set aside and then lowell make me an offer or something for 50% off?

 

I reckon  that's worth a shot? 

[chimp123]

anything anyone would change or add or sound like it makes sense in my last post?

[dx100uk]

you need a defence statement in your WS that outlines why you don't owe the original debt outlines in the claimform POC

I cant see one...

 

even if you were successful in set aside @£255 and the claimant requests another hearing - what is your defence to the debt going to be

a gamble that they don't hold the paperwork on such a recent agreement, could cost you even more than just £255 if they win.