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    • Hello All, I was hoping for some help with a  Claim Form received yesterday 15h May 2024.  I have read lots of threads but I just want to check what I am doing. I have acknowledged service noting my intention to defend all of the claim and I have left the contest jurisdiction un-checked. I will today/tomorrow issue a CCA request with a £1 postal order to the claimant and a CPR 31:14 to the solicitor.  For the CCA which section should I use? I am not sure which section Paypal Credit would come under. If the claim was issued on the 9th May am I correct with my defence filing date of the 11th June? Is there anything else I need to do? Thanks in advance   Which Court have you received the claim from ? Civil National Business Centre, Northampton Name of the Claimant ? Lowell Portfolio I Ltd How many defendant's  joint or self ? Self (just 1) Date of issue –  9th May 2024 Defence filing date: Tuesday 11th June?? Particulars of Claim What is the claim for  The claim is for the sum of £255.69 due by the Defendant under an agreement regulated by the Consumer Credit Act 1974 for a PayPal account with an account reference of xxxxxxxxxxxxxxxx)  The Defendant failed to maintain contractual payments required by the agreement and a Default Notice was served under s.87(1) of the Consumer Credit Act 1974 which has not been complied with. The debt was legally assigned to the claimant on 15-09-21, notice of which has been given to the defendant. The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £0.00. The Claimant claims the sum of £255.69 What is the total value of the claim? £340.69 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? Not applicable Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? PayPal credit account When did you enter into the original agreement before or after April 2007 ? After April 2007  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, shows as defaulted.  Registered when it was bought by Lowell 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? Cant find a letter that say so 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 ?  Not sure Why did you cease payments? Financial difficulties and mental health issues What was the date of your last payment? ? Mid 2019 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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Cabot/Mortimer claimform - old 2003 Lloyds Loan -stayed - Now n244 to lift stay-Summary Judgment


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Difficult to say really ...you have to read and anticipate how the context goes and then counter..that's the art of arguing in litigation and why Barristers/Sols get big bucks. :classic_happy:

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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 OTHER

 

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Had the hearing yesterday, Judge lifted the bar and permitted the claimant to go for trial but told the claimant that original default notice must be provided as screenshots were not permitted and asked the original letter from Lloyds stating that Cabot was the Creditor. Now what shall I do?

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So you have defeated their application to strike out/summary judgment...that's not an easy achievement so kudos there and the judge has concentrated on the default notice issue which is what  your statement intended.....tick box.......now its for the claimant to produce the original default notice and deed of assignment...reconstituted Deed Notice of Assignment they may overcome.....but getting the original default notice ?.....not a chance...but watch out or a recreated one. 

 

 

Well done....round 1.

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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 OTHER

 

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

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Yes Andy, I am glad their application has been rejected, thanks to you all for great help.
 

What will be the next procedure? Just wait for the hearing date from court? 
 

Will I get copies of any extra exhibit (if any) from the claimant before the hearing? 

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Claim will now move to allocation (parties file DQs) and the court will give directions re statement and disclosures.....or the court may dispense with allocation and just order that the claimant disclose the stated documents by x date and should they fail the claim will be struck out.....but lets see what transpires.

 

The Court will advise by General Order

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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 OTHER

 

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  • 2 months later...

UPDATE:

Claim has now been allocated to the small claims track. Hearing due 4th October.

 

In reference to the attached, "case management" paragraph (11)

I haven't received any communication/document from the claimant by the mentioned date, 13th Sept. Do I still submit my documents by 27th.

 

I will be away on the hearing date, 4th October, can I request court to postponed the hearing?

 

As always, really appreciate your help. Thank you.

Small Claim Court.pdf

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you need to tell the court the claimant has failed the judges orders  point 11 of date xxxx and have not provided their evidence the claim should be struck out.

 

what date is that NOA please

 

 

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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now

 

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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Just type no need to keep hitting quote, makes a thread twice as long .

 

Why have you wasted more than a month to tell us!

 

Get onto the court now! 

 

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

The claim should be struck out as per the judges order, that should be the end of it .

 

Did you get through to the court today?

 

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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closed now.

no hurt ringing tomorrow.

 

dx

  • 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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Share on other sites

Quote

Do I still submit my documents by 27th. Yes

 

I will be away on the hearing date, 4th October, can I request court to postponed the hearing?

 

No you attach a covering letter to your statement advising the court you will not be  in attendance pursuant to CPR 27.9 and serve a copy to the claimants along with your statement /docs.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27#27.9

 

In the meantime keep your eye on that order and check i the claimant complies.

 

Andy

 

  • Like 1

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 OTHER

 

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

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time to get scanning.

 

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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Received 118 pages, nothing new. Default notice is still screenshot
 

their letter says I am not allowed to share redacted deed of assignment which are all statement entry from 2003/2004.

 

there are several page of this. They have also included several pages of terms and conditions.

 

majority of these documents are on post #31 to 44.

 

please advise. 

CDocs.pdf

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Received another email from their solicitor. They recon they don’t have to provide original default notice.  Please see attached. 

Scan 28 Sep 2022.pdf

 

Can they submit their bundle this late? This obviously puts me in difficult position as I already submitted my bundle and I have no time to prepare my defence. 
 

appreciate your help please. 

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They still need to prove that a Default Notice was served from the original creditors accounting software.

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 OTHER

 

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

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  • 4 months later...
  • AndyOrch changed the title to Cabot/Mortimer claimform - old 2003 Lloyds Loan -stayed - Now n244 to lift stay-Summary Judgment

UPDATE:

Sincere apologies for being so late. I have been in and out of the hospital and did not have much time to post. My previous hearing got canceled and the new hearing is tomorrow.

 

The claimant sent me their statement of cost. Does it look ok?

 

Appreciate your feedback. I will update the outcome tomorrow and please wish me luck.

 

Thank you all for your time. Really appreciate it.

claimaint fee.pdf

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Yes, that's normal and part of the process that a claimant will serve its bill of costs pre hearing.......best of luck for tomorrow.

 

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 OTHER

 

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Unfortunately I have lost the case. Judge didn’t think original default notice was required to prove the debt.

 

I now want to avoid CCJ. I already told the court that I won’t be able to pay the lump sum and will offer to pay £100 a month to which claimaint solicitor said will discuss with his client. 
 

what’s the best way to approach claimant to set this up so the judgement is not visible in my credit file?

 

is Tomlin order the best way? How do I set this up? Is it done through the court or just between the two party? I don’t have much time as I am away from work next week for 3 weeks so ideally I want to set this up before I go.

 

Thank you. 

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