Lowell Claimform - 4 merged debts - 3 cat + Cap1 Card

[Cait116]

lol - learned gentleman!   

 

Thank you dx, I have been reading up which is why I'm gonna ignore her x

[Cait116]

Hi guys

 

I have had a quick look at the SAR I received from Cap 1 and looks like they sent me a default notice in 2016.  Also loads of charges on the statements.  Does this change anything?  

 

Thank you x

[dx100uk]

penalty charges levied by the original creditor might only ever come into play if you were to accept mediation later in the process and with a  regard to settling before court. I cant see that ever being necessary .

the same can be said regarding a tomlin consent order 

 

don't forget what information YOU have, you keep to yourself at this stage!

[Cait116]

Thank you dx

[Cait116]

Hi guys

 

Just working on my defence now, it is due to be filed next Friday. 

Could I please possibly upload it here for you to have a look at when I draft it up? 

 

I'm a bit crap at this sort of thing but been reading up as advised.

Also, I received a letter from Lowlifes Solicitors in reply to my CPR 31:14 Request saying they sent me the agreements already and with regards to the other documentation this has been requested from their client. 

 

Once a response has been received this shall be forwarded to me but that they are unable to control the time within which they receive a response from their client.

 

They have also changed the amounts due on all of their claims - they are now different to the costs in their Particulars of Claim??

Thank you for all your help xx

[dx100uk]

yes thats what everyone else on cag does...

[Cait116]

thanks dx

ate they allowed to change the value of their claims?

[dx100uk]

more incompetence ..nothing new there

[Cait116]

Hi dx/Andy

 

When you get a free 5 mins could you have a look at my defence?  I have looked at other discussions and have tried to match them to mine so I've probably written  load of codswallop but hey, you never know till you try!   I know you're both very busy and just want to say that I very much appreciate your input.

Particulars of Claim

1)      The Claim comprises the following agreements the defendant entered into:

a.      Capital One (Europe) Ltd plc with reference xxxxxxxxxxxxxxxxxxxxxxx and current balance of xxxxxx

b.      J D Williams & Company Limited with reference xxxxxxxxxx and current balance of xxxxxxx

c.      Shop Direct Financial Services with reference xxxxxxxxxx and current balance of xxxxxxxxxxx

d.      Shop Direct Financial Services with reference xxxxxx and current balance of xxxxxx

The agreements were terminated as payments were not maintained and subsequently assigned to the claimant.

And the claimant claims

a) The total of the said sums being xxxxxxxx

b) Interest pursuant to s.69 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 xxxxx

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 a. is noted and it is accepted insofar that I have had financial dealings with Capital One Bank (Europe) Plc in the past, but I do not recollect the details nor am I aware of any outstanding balance that the claimant refers to and have therefore sought clarity from the claimant by way of a CPR 31.14 Request on 25^th November 2019. 

 

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.(remove if not applicable)

2.  Paragraphs b, c & d are noted. I have had catalogue agreements in the past with various companies.  However, I do not recognise the account numbers or outstanding balances referred to by the claimant.  I have requested clarity by way of a CPR 31.14 request on xxxx November 2019.

 

3.  I have not received  Default Notices from any the above original creditors.

 

4.  I am unaware of any legal assignments or Notice of Assignments allegedly served for any of the above creditors.

 

5.  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.

 

6. Having made requests for copies of each agreement referred to within its particulars by way of a section 78 request pursuant to CCA1974 the claimant has responded with various copies of reconstituted agreements and random terms and conditions which appear to be unconnected.Some are void of or contain different agreement numbers to which the claimant refers to within it particulars.Some are void of the required prescribed terms and lack proof or clarity to which were manual or online applications etc. with the necessary  on line verification tick box confirmation of what IP address was used..Some request that the agreement be detached and signed and returned for execution.It is therefore denied that the claimant has fully complied with my requests and what has been disclosed is the actual executed copy of the agreements relied upon.It is my understanding that the claimant remains in default and prevented from enforcing the agreements that it refers to within its particulars of claim.

 

 7..   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, for the above four agreements referred to, therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into the various agreements; and

(b) show how the Defendant has reached the amounts claimed for; and

(c) Show and evidence the nature of breach and service of each Default Notice for the above 4 agreements pursuant to sec87 (1) CCA1974

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

8.  As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

                       

9. 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.

 

10. 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]

in 6 put back c regarding default notices

[Cait116]

will do, thanks dx x

[AndyOrch]

Defence edited to plural and additions made above.

 

Andy

[Cait116]

Ah thanks Andy x

[AndyOrch]

No CCA requests made ?

[Cait116]

Yes, they sent me ‘copies’ of the agreements. 

[dx100uk]

On 16/10/2019 at 09:34, Cait116 said:

morning Bazooka & dx100uk

 

I have attached the letter and the 4 credit agreements.  Do you mind having a look for me and advise?

 

Thanks so much guys for your help 

 

 

 

CCA_returns.pdf 2.38 MB · 5 downloads

above

 

i will guess that certainly the 2 SD agreements in the CCA return dont have any agreement numbers that matches the ones in their POC?

and poss the JDW one is the same?

 

those agreements can all be downloaded from the interweb or here even and have your details inserted into them.

 

dx

 

[AndyOrch]

okay....and they are all perfect and valid /compliant  so no need to reference them in the defence ?

[dx100uk]

imho no andy see my last post

 

dx

 

[AndyOrch]

Okey let me check them first DX and Ill add to the defence if ness

[Cait116]

Thanks so much guys, very much appreciated x

[dx100uk]

we'll get you there.

[AndyOrch]

Okay check the defence now I have added a new point 6 which encompases all the invalid  points but does not point which actual agreement is devoid...let them work that out and hopefully  it will stop them amalgamating agreements in the future.

 

Regards

 

Andy

[Cait116]

11 hours ago, dx100uk said:

we'll get you there.

I have no doubt about that thank you guys

 

[Cait116]

Defence Submitted.  Thanks again guys x

[AndyOrch]