Lowells/Overdales PAPLOC now claimform - old shop direct Very CAT debt

[dx100uk]

so no default notice yet (typically fatal for lowells) 

and does the agreement by the online tick box give an IP address of sign up device used.?

 

is the name and address at the top align with the rest of the page or look like cut n paste....differing font etc?

[jsa]

The name and address do look odd. My name is in lowercase and email address, but address is all in uppercase.

 

No IP address anywhere.

 

Hi I was just wondering what to do know? As they have only given me 10 days to respond which is coming to it's end now.

 

Thanks

[dx100uk]

so what they have zero legal powers 

yours is not the next moved 

 

andyorch post 66 pdf is worth a read, so is the whole thread and any other lowell claimform threads here.

 

Creation Finance/Shoosmith Claimform - old Flybe Card - Now N244 to lift stay and request SJ - Page 3 - Financial Legal Issues - Consumer Action Group

[jsa]

From this I gather just ignore them until they file an actual claim against me?

[dx100uk]

IF IF IF and they haven't been doing too well on these dodgy CCA return and poss lack of DN court claims of recent in the claims we've dealt with as long as they are defended and tackled properly .

[jsa]

Hi

 

I have now received a Claim form and have 14 days to reply.

 

What do I do? I says the debt was legally assigned to the claimant. Which is lowell portfolio.

 

Thanks

[AndyOrch]

Topic moved to Financial Legal Issues Forum in view of the court claim.

 

Please read the following link which explains the procedure and copy the Q,s and your responses back here for further advice.

You have 33 days in total if defending in full.

 

Regards

 

Andy

[jsa]

Name of the Claimant ? Lowell portfolio ltd

 

Date of issue – 22 July 2021

 

 

Particulars of Claim

 

What is the claim for –

 

1.The claim is for the sum of £5734.20 due by the Defendant under an agreement regulated by the Consumer Credit Act 1974 for a shop direct account with an account reference of xxxxxxx

 

2.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.

 

3.The debt was legally assigned to the claimant on 29-06-20. notice of which has been given to the defendant.

 

4.The claim statuary interest under S.69 of the county courts act 1984 at a rate of 8% per annum form the date of assignment to the date of issue of these proceedings in the sum of £458.74.

The claimant claims the sum of £6192.94

 

What is the total value of the claim? £6747.94
 

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? Never changed

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

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

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
 

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?  I cannot remember
 

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 ? No
 

Why did you cease payments? My wife was hospitalised after the birth of our baby girl, i had to look after my two other children plus my wife and new baby, also lost my job and I had to try and manage everything and I couldn't cope.
 

What was the date of your last payment? Nov 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? Give answer here
 

[dx100uk]

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 on the Gov't Gateway Site
 note down your details inc the long gateway number given, you might need it later.
 then log in to the MCOL Website
.
 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
[BUT you MUST file a defence regardless by day 33 ]
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]
...
.[use our other CPR letter if the claim is for an OD or Telecom Debt]
.

https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/

.

on BOTH type your name ONLY
Do Not sign anything
.
you DO NOT await the return of ANY paperwork 
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

..............

 

[jsa]

thanks will do that. 

[dx100uk]

dont forget you defence filing date and have a good read of a few of the 1000's of Lowell CAT claimform threads here already as i detailed earlier.

[jsa]

I've done the MCOL AOS.

This al looks so daunting right now.

 

Now what do I do?

I've no idea what the defence can be.

 

I will send the CPR  31:14 today.

[dx100uk]

you need to get reading up as advised, CAG is self help too.

there are 100's of like lowell CAT claimform threads here to read.

 

use our enhanced google search box

 

lowell claimform CAT 

 

 

[jsa]

I've read quite a few however am none the wiser. 

 

I know its self help. Unfortunately I can't understand what or how i'm supposed to do a defence? Pleas just help if you can.

 

Thanks

[dx100uk]

The std holding/no paperwork defence is just about in everyone of them

 

have a go post up your thoughts.

 

you have weeks yet (day 33)

[jsa]

Overdales Solicitors have sent all the documents stating they have sent them previously.

I'm now very concerned as I can't think of any sort of defence.

 

I've searched through here but only found a case where Lowells won and the defendant was asked to pay the full amount.

 

I did see a letter in the bunch where it says Lowells say they  have bought the debt but then another letter from the catalogue company saying it's been assigned to Lowells.

 

Is this not a contradiction or does it not matter? My defence time will be up shortly. Any help at all would be great.

 

If I agree to pay lowells on a plan does this automatically give me a ccj?

 

Thanks 

[dx100uk]

who says the bogroll is even enforceable?

scan everything up to one mass PDF

read upload

[jsa]

This is what they sent me originally and sent the same again. Apart from the new letter which I have scanned in separately on the back of the letter from overdales there is a screenshot of the debt sold to lowell via some sort of emulator.

 

Scan-compressed.pdf Scan.pdf

[dx100uk]

urm..+£4k of debt but the agreement says max £1500.

those statements are too blurred.

 

defence due monday by 4pm.

 

that screenshot of a DN is no good to them.

 

 

[jsa]

I am stuck really can you possible help in anyway what I can write? as all the documents seem to be correct.

Or even one example on here I can use? If its not something anyone can help I will have to try a DMP with them.

I've read that witness statement but none if it is relevant maybe just one paragraph about an ip address and that's it. The rest I don't know how it applies to me. I'm seriously stressed as it's go to be in by tomorrow.

Can it all be about no ip address?

Edited August 21, 2021 by jsa
more information

[dx100uk]

witness statement? that might not ever happen, you need to file a short defence, 100's of cat claimform threads here.

 

something like.

Here are some recent Cat defences that Andyorch drafted for another poster s 
.
You will have to edit slightly to suit your claimant Particulars and add your requests for CCA /CPR ect.....
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
.

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.
.
 1 .Paragraph 1 is noted. I have had an agreement in the past with [enter original creditor] but do not recognise the account number referred to by the claimant. 
.
Paragraph 2 is noted but not admitted. The claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the defendant did not enter into any agreement with the claimant and is therefore put to strict proof to verify the alleged statement of its particulars.
.
 3 .Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served over X years ago. 
.
 On the DD/MM/YYYY ( 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 and remains in default of the section 78 request.
.
 3.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; and
 (c) show how the Claimant has the legal right, either under statute or equity to issue a claim;
.
 4.As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.
.
 5.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. 
.
 6.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.
.
Regards
.
Andyorch

 

[jsa]

thank you so much 

 

[dx100uk]

1.The claim is for the sum of £5734.20 due by the Defendant under an agreement regulated by the Consumer Credit Act 1974 for a shop direct account with an account reference of xxxxxxx

 

2.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.

 

3.The debt was legally assigned to the claimant on 29-06-20. notice of which has been given to the defendant.

 

4.The claim statuary interest under S.69 of the county courts act 1984 at a rate of 8% per annum form the date of assignment to the date of issue of these proceedings in the sum of £458.74.

The claimant claims the sum of £6192.94

 

Defence 

The Defendant contends that the particulars of claim are 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 noted. I have had an agreement in the past with Shop Direct. I do not recall the precise details of the agreement and have sought conformation.

2. Paragraph 2 is noted. Although again I do not recall the details of the Notice and have therefore requested a copy from the claimant.

3. Paragraph 3 is noted although I am unaware of any legal assignment or Notice of Assignment ever being served pursuant to The Law of Property Act 1925 

4. On the DD/MM/YYYY I requested information pertaining to this claim by way of a CPR 31.14 request and date xxx a Section 78 request. The claimant has partially complied although the alleged copy of the on line agreement although I remain skeptical as to its authenticity  as to whether it is the original agreement. The claimant has failed to disclose a copy of the Default Notice pursuant to sec 87 of the Consumer Credit Act 1974 and therefore again I am unable to validate its authenticity or service or whether it contained the prescribed terms or required allowances as to whether the alleged breach could be rectified. The disclosed screenshot that was disclosed is really immaterial and cannot be relied upon to validate its claim. 

5..It is therefore denied with regards to the Defendant owing any monies to the Claimant at this time, the Claimant has to date been unable to provide 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; and
(b) show and evidence the nature of any breach by way of a Default Notice
(c) show how the Defendant has reached the amount claimed for; and
(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

7. 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. 

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.

 

 

 

.

 

 

[jsa]

Thank you this is brilliant. Should I post this or wait till Andyorch pops in? Thanks again I really appreciate this.

[AndyOrch]

No don't submit that yet ...Im currently working on it although with great difficulty as there is very little information to how the debt was incurred if there was any disputes and why such a large alleged debt was incurred ?

 

 

.