Lowell clamform - old shop direct CAT debt

[dx100uk]

urm.. that's a telecom defence??

why not adapt the one I pointed you too??

 

 

[NikkiBloom]

Oh god! How silly!

 

I had so many different tabs and word documents open , cutting and pasting different bits I think I’ve copied in the wrong one.

 

Just had to nip out. I’ll post the correct version ASAP! X

[NikkiBloom]

I'll Try Again 

 

Particulars Of 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

 

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 do not recall any breach and I have not been served with a Default Notice pursuant to sec87(1) the Consumer Credit Act 1974.

 

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 said request.

 

5. A further request made via CPR 31.14 to the claimants 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.

[AndyOrch]

[NikkiBloom]

Thank you so much guys, uploading now x

 

[dx100uk]

well done that man..

[NikkiBloom]

Just received a letter from the courts. Guessing it is pretty standard.

 

The body reads:

 

I acknowledge receipt of your defence.

A copy is being served on the claimant (or the claimant's solicitor).

 

The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen.

Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of youndefence.Afteflhat period has elapsed, the claim will be stayed.

 

The only action the claimant can then take will be to apply to a judge for an order lifting the stay.

[dx100uk]

yea sure quite std

 

they have 28 days to do 'something' else the claim will get stayed.

 

plenty of threads here to read up on the court process as/if its progresses through the various stages

 

most claimform threads will hold info.

[NikkiBloom]

So, I completed the forms sent, including the one about mediation after following the advice on other threads.

 

One thing that I've been sent in the info from Lowell is a 'draft Tomlin order'. 

Is this a sign of their confidence or desperation?

 

Still no DN. Just a silly computer screenshot.

[dx100uk]

std practice for every Lowell claimform thread if you go read them.

dx