Lowell claimform - old Shop Direct CAT debt

[AndyOrch]

There's no legal requirement to sign either in reality...but they will send it back if there's no signature..either printed or hand written.

It states type name only on both templates.

[nigrob]

Sorry to be a pain but on the CCA & CPR do I add the solicitors address or the claimants address ?

 

Thanks

[dx100uk]

READ MY LAST POST CAREFULLY 

[nigrob]

Both letters posted today , CCA & CPR, MCOL completed as advised.

[nigrob]

Hi,

my wife has today received a copy of the credit agreement (electronically signed) and also the deed of assignment though this looks to be a letter saying that they have bought the debt.

The letter also says that they are waiting for other documents to be received and they will send them to her when available.

 

[dx100uk]

Best its the generic EU one.

scan it all to one mass pdf please

 

 

[nigrob]

Remove personal information?

[dx100uk]

as always you dont want the fleecers to find  you here

read upload carefully

 

 

[nigrob]

Documents received attached from CPR request - Overdales solicitors

 

CPR Overdales - 13-08-2021.pdf

Edited August 19, 2021 by dx100uk
pdf rotated

[dx100uk]

yep as i guessed ye ole EU agreement and the other one has you correct name and address for the time you took it out?, but correctly you've blanked those out ?

 

still no Default notice then and i notice theres NO IP address box filled in from the online sign up PC ?

 

lowells have lost or disc'd numerous claims here already trying to use those.

 

[nigrob]

Yes dx100 - one did have the name and address on as you said.

 

NO IP address box filled in from the online sign up PC  - is there  box for this ?

Is it usual for the IP to be listed on the form?

 

Is there a way forward yet or do we just wait a bit ?

[dx100uk]

good effort

not due till friday 10th sept by 4pm.

 

see what others say.

[nigrob]

Just a quick update on this, we have just received an email from the ombudsman after almost 1 year saying that they have assigned an adjudicator to the case.

probably doesn’t change the court case but thought I would let you know.

We haven’t received anything further from Overdales or Lowell since the last upload of docs.

thanks

[nigrob]

The date for defence is almost due , any advice?

[AndyOrch]

Defence is due Friday 10th Sept by 4.00pm.

 

Have you looked in the Financial Legal Success Forum for similar ?

 

https://www.consumeractiongroup.co.uk/forum/129-legal-successes/

 

Find a similar type claim/claimant/particulars...copy the defence and amend to suit your particulars and situation...post here before submitting.

 

Andy

 

 

.

[nigrob]

Not sure if I am on the right track with this but below is the defence I have put together:

 

1.       On the 14th August 2021( sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. The claimant has failed to date to respond to the CPR sufficiently and remains in default of the section 78 request.

 

2.        The claimant has not provided a true copy of the CCA despite requests being made but instead I received a response dated 18/09/2021 stating `please find enclosed a copy of the agreement’.

 

3.       No valid copy of an executed consumer credit agreement that complies with the CCA1974 has been received by the defendant.

 

4.       The `so called ` copy of the agreement stated in claimants letter dated 18/09/2021 is in fact stated as an online application and is no more than a log from either the OC`s operating system or one that has been constructed since with details from the account to look like an application.The document has no digital ID to show where the agreement was supposedly signed. 

 

5.        Without a valid true copy of the executed Credit agreement that complies with the CCA1974 the claimant has no grounds on which to enforce this alleged debt and has in fact attempted to mislead the courts in to believing that they have the necessary paperwork.

 

6.       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, therefore the Claimant is put to strict proof to:

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

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

 

7.        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.

 

11.    It is therefore requested that the Claimants Claim is struck out pursuant to the above. 

[dx100uk]

Programmable Search Engine

CSE.GOOGLE.COM

 

[nigrob]

??? dx 100Uk

[dx100uk]

click the link

lots of examples there 

dx

[nigrob]

Hi, just tried to login to the claim on MCOL but cannot access it.

Message appears saying that Claim number or password is incorrect even though they are as on the claim.

 

Do I now need to phone them?

[AndyOrch]

Why are you trying to log into MCOL ?....please do not submit the above defence until its been checked.

 

 

 

.

[nigrob]

Tried to login to MCOL just to make sure that when the defence was ready for submitting there would be no issues tbh.

[AndyOrch]

Okay well you can submit a defence anytime from now once its completed ....I will draft you a custom defence shortly as your claim is slightly different to others in that an ongoing dispute is in place , irresponsible lending and of course the Ombudsman involvement.

 

The above defence you have had a go at is not suitable in this instance.

 

Andy

[nigrob]

Ok Andy thank you.

 

I was thinking that if I cannot log into the claim could it have been withdrawn ?

[AndyOrch]

Particulars of Claim for reference only.pdf