Lowell clamform - old shop direct CAT debt

[NikkiBloom]

Hi,

 

I received a letter from Northampton Business court saying that Lowell have lodged a claim (it's for £1200)

 

I logged in and filled in the Acknowledgement of Service.  I did this 2 days late though.

 

Have I screwed everything up? Very worried. x

[dx100uk]

Hi ya

 

No youll be ok

You are a litigant in person given leeway

 

Please complete this:

 

And we'll get you moving

 

Dx

 

[NikkiBloom]

Thank you Dx

 

Name of the Claimant? Lowell Portfolio I LTD

 

Date of issue: 22 Oct 2019

 

Date  to acknowledge) = 10th November

 

date to submit defence = 22th Nov 

 

Particulars of Claim

 

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

1)            The Defendant entered into an agreement with Very - Littlewoods/Additions Direct which was regulated by the Consumer Credit Act 1974 under reference ******** on 02/12/2014 ('the Agreement').

2)            In breach of the Agreement, the Defendant failed to maintain the required payments and the Agreement was terminated.

3)            The Agreement was later assigned to the Claimant on 09/09/2016 and written notice given to the Defendant.

4)            Despite repeated requests for payment, the sum of £990 remains due and outstanding. And the Claimant claims

a)            The said sum of £990

b)            Interest pursuant to s69 Count Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.216, but  limited to one year, being £80

c)            Costs

 

What is the total value of the claim? £1200

 

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

 

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? Catalogue

 

When did you enter into the original agreement before or after April 2007? 2012

 

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 (Credit Karma)

 

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? Unsure, likely did.

 

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 think so, yes

 

Why did you cease payments? I made a late payment due to changing current accounts and because of this it cancelled some offers like pay later and I had to pay large amounts at once that I could not do so I ended up defaulting. 

 

What was the date of your last payment? Unsure, I don't believe it is statute barred yet. I will find this.

 

Was there a dispute with the original creditor that remains unresolved? No

 

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

[dx100uk]

please note your corrected defence filing date

 

pop up on the MCOL website detailed on the claimform.
[if mcol is not working return after the w/end or the next day if week time]
.
 register as an individual
 note the long gateway number given
 then log in
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked
 you DO NOT file a defence at this time
 click thru to the end
 confirm and exit MCOL.
.
.
 get a CCA Request running to the claimant
https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/
 leave the £1PO blank and uncrossed
.
.
 get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant]
.
.

https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/
.
.
type your name ONLY

no need to sign anything
.
you DO NOT await the return of paperwork.
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]
 

 

dx

 

[NikkiBloom]

Thank you so much Dx!

 

The Claimant is:

 

Lowell Portfolio 1 LTD

Ellington House Leeds

 

But beneath it says "Address for sending documents and payments"

Lowell Solicitors Limited

PO BOX 1419

Northampton

 

I sent the CPR to the Lowell Solicitors Limited address. Should I send the CCA to the same or the Portfolio one?

[dx100uk]

read the guide

CCA goes to the claimant

 

dx

 

[NikkiBloom]

I did read the guide but the language on the court form threw me.

 

I’ll send it to the first address. Thanks

[dx100uk]

 

there a search top right 

time to get reading up on the process and the different stages the claim will go through.

 

these will help as well

 

https://cse.google.com/cse?cx=partner-pub-8889411648654839:3134625398&q=lowell claimform cat debt&oq=lowell claimform cat debt&gs_l=partner-generic.3...60263.68186.0.68486.25.25.0.0.0.0.153.1988.24j1.25.0.gsnos%2Cn%3D13...0.7957j3166461j25...1.34.partner-generic..25.0.0.vvzYEQ3I7F0

[NikkiBloom]

I've had a response to the CPR

 

Response to CPR letter.pdfResponse to CPR letter.pdfResponse to CPR letter.pdf

[dx100uk]

so no default notice yet then nor statements

and that's the usual stuff they trot out as a CCA.

 

interested in this BNPF issue.

are you indicating that as you were late one month they automictically added the interest on as a penalty when infact you were still within the free int period?

[NikkiBloom]

I've not received any response to the CCA yet so will post that the moment anything arrives.

 

Yes, Very offer something called 'Take 3' and they do buy now pay later offers. I recall after a late payment this seemed to 'void' these offers and my immediate balanced jumped up. I wish I had kept all my paperwork. Feel very silly now.

[dx100uk]

not your problem ...they are the claimant they have to prove their case.

 

if +£1k of int was added to a balance just because at one point you were 'late' and then continued payments

that is an unlawful penalty, bit like their unlawful £12 fees too.

 

so if the above had not been added the goods would have been paid for within the correct time limit I will guess?

cant see the fleecers being able to make their claim hold water if this is the case.

 

 

 

 

[NikkiBloom]

I don't believe there was quite £1k of interest. From the initial £300 limit they kept increasing it. So a chunk will have been the amount borrowed.

[dx100uk]

you didn't borrow any amount, you ordered goods on credit.

if the sum is inflated by unlawful int or fees by whatever level because of a late payment, those sums are not owed.

 

I think it might pay you to SAR SD, get all the statements as as it stands, the agreement looks ok to me and barring the production of the default notice [which failure to do so can be fatal to their claim] things are not looking too rosy here for you.

[NikkiBloom]

I'll get the SAR done right now. Thank you Dx

 

Is there a point where it will be best for me just to pay up?  x

[dx100uk]

the devil might be in the statement details.

 

 

[NikkiBloom]

Is it unusual for them to have all the documents they have provided so far?

[dx100uk]

no.

quite usual 

DN is always another matter

 

they could quite easily have fake if they needed too what you have already if look at what needs to be there, simply a name, address and signup date as it was online.

 

but the DN has to be from the OC and most times, if you go look at the numerous lowell cat claimform threads here, rockout some screenshot from a database which doesn't comply and they have to back off or lose or discontinue the case.

 

though this thread is painful 

post 116 attachment is worthy to look at in what they claim is a dn!!

 

[NikkiBloom]

That thread is v.intresting! I'm going to read in full when I finish work.

 

Are you referring to the picture/computer screenshot? 

 

SAR has gone to SD

[dx100uk]

yep ...thats not a DN and in many cases here thats all they cough up with and try everything to wing it with the judge with lots of other bumph to divert away from the focus of a compliant DN is required before any court enforcement can be made/succeed.

[NikkiBloom]

I'm pretty nervous regarding my defence Dx.

After reading others, I feel pretty confused about what to write

- is it not the case that my defence would vary depending on the responses from CCA and now the SAR? 

 

Apologies for being pathetic 

[dx100uk]

whatever you get from the SAR will be your secret

its for background info for poss future usefulness and MAY play a part in how you react to any latter mediation or witness statement IF IF IF the case progresses thru both of those .

 

as for your defence I doubt the CCA return will change anything as we have the agreement, and other than a basic statement of account, theres nothing more to come from it that would be useful.

so any defence wont significantly change.

 

though ofcourse the left leg right arm syndrome might throw up a totally different CCA return..now that would be interesting...

 

 

[NikkiBloom]

So it's defence day and I haven't received anything back from the CCA. 

 

I don't keep that to myself do I?

[dx100uk]

no you dont

better get a move on 

it needs to be filled by 4pm ideally.

 

post 52 in that earlier thread I pointed to looks to be very useful with just a slight adaption

 

 

[NikkiBloom]

Compared to all the ones I read, I really felt like there was less I could include in this one. Nervous that they have so much paperwork.

 

How does this look?  

 

1. Paragraph 1 is accepted. I have, in the past, entered into a contract with Shop Direct, however I do not recall the exact details, nor do I recall any outstanding balance. I have requested the claimant verify the exact details of this claim by way of a CPR 31.14.

2. Paragraph 2 is noted, again I do not recall any breach and I have never received a Default Notice.

3. Paragraph 3 is denied. I do not recall having received a Notice of Assignment, as stated by the Claimant. They have sent an alleged copy dated 5th Oct 2016 from my cpr31.14 request. this is the first time I have seen this letter.

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.

Therefore, the Claimant is to provide strict proof to:

(a) show how the Defendant has entered into a Agreement/ Contract; and

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

© show and evidence the nature of the breach and service of the Default Notice,

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

5. The Claimant has stated that he has made several requests for repayment, yet I do not acknowledge any debt to the Claimant.

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

7. As 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.

8. Subject to the above, should the alleged amount claimed include an early termination charge(s) amounting to the total balance of the remaining contract, OFCOM guidance clearly states that any Early Termination Charge, that is made up of the entire balance of the remaining contract, is unlikely to be fair, as it fails to take into account the fact that the provider no longer has to provide and pay for their service.

9. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed, or any relief.