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Lowell claimform - old morses club doorstep Loan ***Claim Discontinued ***


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Name of the Claimant ? Lowell portfolio

 

Date of issue –27/08/20

 

Particulars of Claim

 

1) The Defendant entered into an agreement for a Morses account under reference xxxx ('the agreement')

 

2) The defendant failed to maintain the required payments and the agreement was terminated.

 

3) The agreement was later assigned to the claimant on 05/09/19 by Morses club and notice given to the defendant.

 

4) Despite repeated request for payment, the sum of £715.00 remains due and outstanding. AND the claimant claims 

 

a) The said sum of £715.00

b) Interest pursuant to s69 count court acts 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.157, but limited to one year, being £55.79

c) Costs

 

What is the total value of the claim?  £900.79
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?  Not 100% sure
 

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? Doorstep loan/morses
 

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

Do you recall how you entered into the agreement...On line /In branch/By post ? Home visit
 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes showing as lowell 

Start 02/07/18

Default 02/06/19

Looked through all closed too and nothing for this account.

 

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 collector/solicitor

 

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

 

Did you receive a Default Notice from the original creditor? Not sure

 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Not sure

 

Why did you cease payments? Financial difficulties

 

What was the date of your last payment?  Not sure

 

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

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so same as all your other claims for now:

 

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

[you MUST file a defence regardless by day 33 ]
 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]
 

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 - old morses club doorstep Loan

Yeah I have done that thanks.

But i have just realised I have sent the cca to lowell solicitors address for sending documents and payments. Does this need to be sent to the lowell claimant address instead?

Thanks 

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Wouldn't worry same room next desk.

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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  • 3 weeks later...

Today I have recieved a letter from lowell with a copy of the notice of assignment.

 

The letter also states that they confirm my aos and that a request has been sent to their client to obtain a copy of the documents I have requested, but be advised they can not control the timeframe in which it takes for those to be provided.

 

Regards 

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Defence due Monday 28th Sept by 4.00pm .....irrespective of their missive.

 

Andy

We could do with some help from you.

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std reply in most lowell claimform threads

changes nothing.

 

you file your defence on time regardless. by 4pm monday

 

 

 

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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Why wait until Saturday...your not going to get any response:becky:

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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1) The Defendant entered into an agreement for a Morses account under reference xxxx ('the agreement')

 

2) The defendant failed to maintain the required payments and the agreement was terminated.

 

3) The agreement was later assigned to the claimant on 05/09/19 by Morses club and notice given to the defendant.

 

4) Despite repeated request for payment, the sum of £715.00 remains due and outstanding.

 

 

AND the claimant claims 

a) The said sum of £715.00

b) Interest pursuant to s69 count court acts 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.157, but limited to one year, being £55.79

c) Costs

How does this look guys?

 

DEFENCE

 

1. 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 an agreement with morses but do not recognise this specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 77 request which the claimant is currently unable to comply with and therefore unable to prove its basis of claim pleaded within its particulars

 

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

 

4. On receipt of the*claim form, the Defendant sent a request by way of a section 77 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. 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 CCA 1974.

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

 

6. As per Civil Procedure 16.5 it is expected that the Claimants prove the allegation that the money is owed.

 

7. 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.

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pers id not be using the word agreement 

 

Paragraph  is noted and accepted I have in the past had financial dealings with [insert Original Creditor].I do not recall the precise details or agreement and have sought verification from the claimant etcetc

 

what about the letter of claim (PAPLOC) did they send one ..better if you can nail that down too.

 

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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Thankyou.

 

So this is now good to go mate?

 

DEFENCE

 

1. 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 and accepted I have in the past had financial dealings with Morses in which I cant recall the precise details of any agreement and have therefore sought  clarification by way of a CPR 31.14 and section 77 request which the claimant is currently unable to comply with and therefore unable to prove its basis of claim pleaded within its particulars.

 

3. Paragraph 2 is denied. I have not been served with a Default Notice pursuant to sec 87 (1) the consumer credit Act 1974.

 

4. On receipt of this claim I sent a CPR 31.14 request and a section 77 request for sight of any documents referred to within the Claimants particulars to establish what the claim is for. To date they remain in default of both requests. Therefore the claimant in their none compliance to my requests have frustrated my attempts to clarify their claim .

 

5. 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 CCA 1974.

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

 

6. As per Civil Procedure 16.5 it is expected that the Claimants prove the allegation that the money is owed.

 

7. 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.

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you've had 7 court claims and are far more familiar than me....

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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Are you positive that you have had a Notice of Assignment ?   Worth challenging if your not .

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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Okay well I have just again edited your defence above....okay to submit now.

 

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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Typical...its almost as if they know what hour your going to submit your defence......scan redact and upload here for opinion.

 

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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read upload scan to one multipage pdf please

 

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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Share on other sites

Appears to be good...and its only 2 years old so you would expect so.

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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  • Andyorch changed the title to Lowell claimform - old morses club doorstep Loan ***Claim Discontinued ***
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