Lowell Claimform - Shop Direct cat debt ***Claim Dismissed***

[johnbomo]

Name of the Claimant ? Lowell Solicitors 

 

Date of issue – 07/11/19

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim? 

 

1.The claim is for the sum of £882.53 due by the Defendant under the CCA 1974 for a Shop Direct account with the account ref of ******************** 

 

2.The Defendant failed to maintain contractual payments required by the agreement and a Default notice was served under s.87(1) of the CCA 1974 which has not been complied with.

 

3.The debt was legally assigned to the claimant on 08/01/18, notice of which has been given to the defendant.

 

4.The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date  of assignment to the date of issue of these proceedings in the sum of £70.60

- The claimant claims the sum of £953.13

 

What is the total value of the claim? £1083.13 (including court costs)

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Unsure

 

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? N/A

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

 

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, I think so, but haven't checked in a while

 

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. - Debt Purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes

 

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 ? I don't think so. There isn't anything obvious in my files

 

Why did you cease payments? Unemployment

 

What was the date of your last payment? 14/08/17

 

Was there a dispute with the original creditor that remains unresolved? No, just couldn't keep paying them

 

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

 

What you need to do now.

 

Answer the questions above

 

If you have not already done so – send a CCA request to the claimant for a copy of your agreement

- I have done so on 06/08/19 ans received the response on 23/10/19 (I'm sure this was very late for them to send it to me)

 

Send a CPR31.14 request to the solicitor named on the claim form 

- I have done this and received two response.

One to say they won't be sending anything and one with the letters I've attached. 

 

-----------------------------------------------------------------------

 

What should I do now?

 

How do I submit a defence?

 

Any advice would be great. 

 

docs All combined into single PDF

Lowell-Littlewoods.pdf

[dx100uk]

thread tidied..

 

so no return of a signed agreement be that on online or otherwise yet then?

 

and ofcourse as with all Lowell cat debts..thats a screenshot of some database claiming to show that a DN was sent, not a compliant copy of the actual DN, which has numerous times been discredited in court as worthless and failing to comply with section 87

 

 

[johnbomo]

No return of anything signed. There is a Credit agreement with my name typed on the top, but I didn't know if it was important. 

 

Apart from that, that''s all I've received from them. Well that and lots of demands. 

[dx100uk]

lets have all of what you have inc any T&C's please

 

 

[johnbomo]

Sorry, scanner went a bit mardy. 

 

All scanned. I didn't add the "about your account" section as it seems generic. 

 

Thank you 

AgreementLowell1.pdf

[dx100uk]

that's the usual stuff they trot out for a SD agreement

whereby as you can see, they could have gotten that from anywhere inc this forum and simply inserted your details via cut n paste into it.

though there is an online sign up tick box and a date but no ref as to say IP address used etc proving it was you that did it

and no agreement number anywhere that directly links it to the agreement number quoted in their POC.

 

major fatal flaw is no default notice to date, but a database screenshot as already advised.

and a snotty reply to your CPR  31:14 saying we might comply if not you'll have to wait until you get our witness statement.

 

your defence is due by 4pm 9th.

 

there are numerous like Lowell cat claimform threads here

use our search top right.

 

one of particular note , which then references others within it is:

 

 

 

[johnbomo]

Finally go  a little time to myself, so knocked the defence from your given examples. How does it look?

 

1.The claim is for the sum of £882.53 due by the Defendant under the CCA 1974 for a Shop Direct account with the account ref of ******************** 

 

2.The Defendant failed to maintain contractual payments required by the agreement and a Default notice was served under s.87(1) of the CCA 1974 which has not been complied with.

 

3.The debt was legally assigned to the claimant on 08/01/18, notice of which has been given to the defendant.

 

4.The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £70.60

- The claimant claims the sum of £953.13

 

#####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.

 

1. Paragraph 1 is denied. Whilst it is admitted I have held various catalogue agreements in the past, I have no recollection of ever entering into an agreement with Shop Direct and do not recognise the specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request pursuant to The Consumer Credit Act 1974.

 

2. Paragraph 2 is denied I have not been served with a Default Notice pursuant to sec87(1) the Consumer Credit Act 1974. They have sent an alleged copy dated 28th Jan 2018 from my cpr31.14 request. this is the first time I have seen this letter.

 

3. Paragraph 3 is denied. I am unaware of a legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)

 

4. On receipt of this claim form I, the Defendant, sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, the Claimant has yet to comply and remains in default of the said request.

 

5. A further request made via CPR 31.14 to the claimant’s solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied.

 

6. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and 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 the nature of the breach and evidence by way of a Default

Notice pursuant to sec 87(1) of the Consumer Credit Act 1974

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

 

7. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed

 

8. 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.

 

If you think it's okay, I'll get it put in today. 

 

Thank you for all your help on this. 

[dx100uk]

its not a copy of a valid default notice issued by the original creditor complying with the prescribed format stipulated in section 87 of the consumer credit act,

it is a screen capture of some database page of unknown origin or originator. 

[johnbomo]

Should I just remove it or mention the database screenshot?

[dx100uk]

just remove the 2nd part where you mention some reply.

[johnbomo]

Lovely stuff. 

 

1.The claim is for the sum of £882.53 due by the Defendant under the CCA 1974 for a Shop Direct account with the account ref of ******************** 

 

2.The Defendant failed to maintain contractual payments required by the agreement and a Default notice was served under s.87(1) of the CCA 1974 which has not been complied with.

 

3.The debt was legally assigned to the claimant on 08/01/18, notice of which has been given to the defendant.

 

4.The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £70.60

- The claimant claims the sum of £953.13

 

#####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.

 

1. Paragraph 1 is denied. Whilst it is admitted I have held various catalogue agreements in the past, I have no recollection of ever entering into an agreement with Shop Direct and do not recognise the specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request pursuant to The Consumer Credit Act 1974.

 

2. Paragraph 2 is denied I have not been served with a Default Notice pursuant to sec87(1) the Consumer Credit Act 1974.

 

3. Paragraph 3 is denied. I am unaware of a legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)

 

4. On receipt of this claim form I, the Defendant, sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, the Claimant has yet to comply and remains in default of the said request.

 

5. A further request made via CPR 31.14 to the claimant’s solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied.

 

6. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and 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 the nature of the breach and evidence by way of a Default

Notice pursuant to sec 87(1) of the Consumer Credit Act 1974

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

 

7. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed

 

8. 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.

 

I will get this put into the defence section. Thank you again.

[dx100uk]

don't file yet

not needed till/by 4pm tomorrow

 

let andyorch check things over 1st

 

 

[johnbomo]

Can I just leave it as saved and not submit or do I need to delete everything?

[dx100uk]

delete what and where?

 

[johnbomo]

On the MCOL site. I hadn't submitted the defence, but it was mostly filled in. I just left it on. I'll submit it by 15:00 today unless I hear otherwise. 

[johnbomo]

All submitted as written above (with the reply part removed), so lets see what happens. Thank you, again, for all your assistance. 

[johnbomo]

Hey all, 

 

Just received a Directions questionnaire (small claims track) that has been filled out by Lowell. 

 

Is this something I should scan and add to the thread or is this just ordinary stuff??

 

Cheers

[AndyOrch]

Simply serving you a copy of theirs...whether they have actually submitted it to the court is another question......await yours from the court then complete as follows

 

 

[johnbomo]

I haven't updated in a while as everything is up in the air at the moment. 

 

I received a letter from the courts stating the small claims mediation team has arranged for my case to be transferred to a Hearing court as they were not able to arrange mediation at this time and I must wait for the judge's directions. 

I've also received more court documents that give the time and date of the hearing and the subsequent move of the hearing due to COVID-19

 

I have scanned, redacted and uploaded these > court-lowell-redacted-shrink

 

I then received lowell's case. I haven't scanned the whole document as it's huge, but I have taken the witness statement and first page. Let me know if I need to add more > lowell-case-redacted-shrink

 

Once this was received I was hit with a flurry of emails 

 

>> 22/04/20

 

Claimant/our client: Lowell Portfolio I ltd

Defendant: Mr ********

 

Dear Sirs,

 

We refer to the above matter and the General Form of Judgment or Order of District Judge Powell dated 14 April 2020.

 

We write to confirm that the Claimant is happy for directions under the Small Claims Track to be given and for the hearing to be listed as a remote hearing. The email address for the hearing is: [email protected] and the telephone number will be provided in due course.

 

The Claimant confirm that the Defendant has also been copied into this email.

 

We thank you for your kind assistance and look forward to hearing from you.

 

Kind regards,

 

Noreen Akhtar Complex Litigation Paralegal

Lowell Solicitors Limited

 

>> 01/05/20 @ 11:55 - It contained 18 attachments that 

 

ear Sirs,

 

Claimant: Lowell Portfolio I Ltd

Defendant: Mr ******

Claim number: ****

Our reference: ****

Hearing date: TBC

 

We refer to the above matter.

 

Please accept our apologise for not being able to furnish the Court and the Defendant with a pdf bundle of documents that is fully indexed and paginated. This is due to the working restrictions limitations caused by the current Covid-19 situation.

 

Attached to this email are the following documents for the Judge’s reading. These documents are considered to be sufficient to deal with the issues to be decided upon.

 

1.    Claim form and Particulars of Claim;

2.    Defendant’s Defence;

3.    Notice of Allocation;

4.    Claimant’s witness statement; and

5.    Exhibits referred to in the Claimant’s witness statement

 

We would be grateful if you could acknowledge receipt of this. We can confirm that the Defendant has been copied into this email.  

 

Yours faithfully,

 

Noreen Akhtar

Complex Litigation Paralegal

Lowell Solicitors Limited

 

court-lowell-redacted-shrink.pdf lowell-case-redacted-shrink.pdf

Edited May 2, 2020 by dx100uk
trimmed repeat email

[dx100uk]

so you've filed your ws already?

dx

[johnbomo]

I've only filed the defence. Stupid question, but is this also my witness statement?

[AndyOrch]

Time extended to submit your WS and documents till 4.00pm 2nd June.......and just as well as you would have missed the directions and had a default judgment by now.

 

You need to update your topic faster in future...you received the court documents over 3 months ago and not updated for advice.

 

Andy

[johnbomo]

You're right. I should have dealt with this earlier. What should I do?

[AndyOrch]

Follow the directions given by the court on the N157 Notice of Allocation...prepare and submit a witness statement and list of disclosed documents you wish to rely upon.......but use the new date to file and serve.

[johnbomo]

Are there any resources to help getting a witness statement prepared? I've searched through a lot of topics, but can't quite work out exactly what needs to be added into it. Any help would be appreciated.