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Lowell Claimform - HBOS credit Card


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topic retitled and moved to legals

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • dx100uk changed the title to Lowell Claimform - HBOS credit Card
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Name of the Claimant ? Lowell Portfolio

 

Date of issue –  02 APRIL 2019

 

 

 

 

 

Particulars of Claim

1) The Defendant entered into an agreement for a Halifax (credit card) account under ref ******* ( the agreement)

2) The Defendant failed to maintain the required payments and the service was terminated.

3) The agreement was later assigned to the claimant on **/**/2018 by and notice given to the defendant.

4) Despite repeated requests for payment the sum of £3283 remains due and outstanding.

And the Claimant claims

a) The said sum of £3283

b) Costs

 

What is the claim for – the reason they have issued the claim? - Non Payment

 

What is the total value of the claim?- 3548

 

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? No


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

 

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

 

Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? No

 

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. Assigned to Lowells

 

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? Not sure

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

 

Why did you cease payments? Unemployment

 

What was the date of your last payment? May 2016

 

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

 

I have completed the form but really dont know where to go from here. Thanks Guys.

 

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pop up on the MCOL website detailed on the claimform.
.
 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.
 click thru to the end
 confirm and exit MCOL.
.
 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]
 

  • Like 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thank you dx. I have just filled in all the details on MCOL . I am trying to fill in the CPR31:14 from the template in the library but i am unable to edit it ( not very computer savvy). I have got most of it done however i cant edit claimants name/my name/ case number etc.

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Copy and paste the template into your Word Program or similar and edit it to your requirements.Dont use the PDF version

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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  • 2 weeks later...

Hi all,  a few days ago I received a letter from lowells telling me that court proceedings are being taken ( a bit late for that as I have had the claim form for over a week). I have not heard anything as yet from Lowell solicitors since sending the CPR31:14 off to them. I need to be doing my defence on Mcol website but would appreciate any help on how to word it. Any suggestions would be appreciated guys as I have never done anything like this before. Thanks guys.

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lots of examples here of the holding /no paperwork defence on cag

 

use the google custom search top right

 

claimform card.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi all, today I have received documents from lowells after my  Cpr31:14 request. 

On opening they are exactly the same as requested on my pap form and which I have uploaded previously .

They are saying that they will not send any more documentation as it has all been provided.

I am in the process of getting my defence together before submission but there are so many I have read I don't really know which would be the most applicable.

Any suggestions would really be appreciated.

Thanks Guys.

 

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well what they send before was well below the required stuff.

defence is not due till/by 4pm may 3rd.

 

so incomplete / failure of previous CCA request simply needs to be added to our std holding /no paperwork defence

re the way to search here detailed in post 33.

 

something like

 

Particulars of Claim

 (1)The Defendant entered into a consumer crediticon Act 1974 regulated agreement with Vanquis under account reference xxxxxxxxxx

 (2)The Defendant failed to maintain the required payments and a default notice was served and not complied with.

 (3) The Agreement was later assigned to the Claimant on 30/09/2014 and notice was given to the Defendant.

 (4)Despite repeated requests for payment, the sum of £1,597.56 remains due and outstanding.

 And the Claimant claims 
 (a)The said sum of £1,597.56 
 (b) interest pursuant to s69 County 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 £0.350,
 but limited to one year,being £127.80 (costs) then signed by Lowell Solicitors Limited.


 #####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.

 

 2. Paragraph 1 is noted. I have in the past had financial dealings with with [insert original creditor]  but do not recognise this specific account or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request..

 

 3. Paragraph 2 is denied I have not been served with a Default Notice pursuant to the consumer credit Act 1974.

 

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

 

 5. On receipt of the claim form, 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.  The claimant has since complied and disclosed various documents however unable to comply with disclosing a valid full copy of the executed agreement on which their claim relies upon.

 

 6. 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, but has stated a general extension of time to retrieve the documents, to date nothing has been received.

 

 7. 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 88 CCA1974
 d) show how the Claimant has the legal right, either under statute or equity to issue a claim

 

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

 

 9. On the alternative, 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 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.
 

 

  • Thanks 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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1) The Defendant entered into an agreement for a Halifax (credit card) account under ref ******* ( the agreement)

2) The Defendant failed to maintain the required payments and the service was terminated.

3) The agreement was later assigned to the claimant on **/**/2018 by and notice given to the defendant.

4) Despite repeated requests for payment the sum of £3283 remains due and outstanding.

And the Claimant claims

a) The said sum of £3283

b) Costs

 

Hi Guys, the following is the defence i intend to submit. I would be grateful of any suggestions comments.

 

DEFENCE

 

1)The Defendant contends the particulars of the claim as they are vague and generic in nature.I accordingly set out my casebelow and rely on CPR16.5(3) in relation to any particular allegation to which a specific response has not been made.

 

2) Paragraph 1 is noted. I have in the past had a contractual relationship with Halifax  however i do not recognise the particular account number referred to and have requested a copy of the agreement pertaining to this claim.As of this date, the Claimant has failed to comply with my section 78 request and therefore remains in default of s78.


3) Paragraphs 2 & 3 are denied. The Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR31:14, therefore the Claimant is put to strict proof to:

 

a) show how the Defendant has entered into the agreement with the Claimant and

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

c) show evidence and service of a Default Notice pursuant to sec 88 of the CCA 1974

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

 

4) On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant to lay claim to contraventions of 136 of the Law of Property Act and section 82a of the Consumer Credit Act 1974.

 

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

 

Thanks Guys.

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I have in the past had financial dealings with with [insert original creditor] 

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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don't file yet not due till by 4th may by 4pm.

let andyorch check for silly mistakes.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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when its due

get reading up.

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Checked and amended.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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thanks andy

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 3 weeks later...

Hi all,

After receiving notification from the court that my defence  has been acknowledged, I have just received a letter from lowells offering settlement/ mediation.

Would they do this if they were sure that they had a cast iron case?.

If I just ignore this, is the next step just to wait to hear from the court, or should I contact them to offer a token payment and stop this going any further. As my credit is very good now and I do believe they don't have all the documentation ie original cca/ original default notice, I really don't want a ccj if it went against me. Thanks guys.

 

 

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What exactly are Lowells offering...?  Offers of discount or settlement should not be taken as a sign of weakness in the claimants case..It may be purely down to financial costs in proceeding.

 

The court will offer mediation at the next stage of the process when/if you complete the Directions Questionnaire N180...assuming the claimant wishes to proceed......hence their offer before allocation.Both parties will be invited to enter into mediation (ADR) to try to agree an amicable settlement before the claim proceeds to allocation...should mediation fail or not happen the claim will proceed and the claimant will have to pay a hearing fee....so settlement pre mediation pre allocation may be an option for both of you in view of further costs and court resources.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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I take your point Andy, they are not offering anything really. So as im reading this my options are to wait for the N180 to arrive from the court  and agree to mediation OR to write to lowells offering a payment plan. Looking at the paperwork they sent me regarding transactions, there is over £ 1000 in interest.

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