Lowell/Overdale 5xPAPLOC Now claimform - old Cap1Card debt.

[Bazooka Boo]

I've popped onto MCOL and AOS, defend all.

 

I already have the CCA which I requested, along with the faulty DN.

 

The CCA doesn't show that it was taken out online by way of any IP address.

 

Might be on a hiding to nowhere with this, but I'm certainly not going to be giving Lowlifes my money easily they can damn well work for it.

 

 

[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
Go to HMRC's login page.
Click the GREEN sign in button.
Click “Create sign in details”
Enter your email address where asked.
You will now be emailed a confirmation code. ...
You will now be issued with a User ID for your government gateway account.
 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]

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

 

[Bazooka Boo]

Thanks DX, I shall get the CPR fired off tomorrow when I'm home all day.

And look over the paperwork and pick holes for my defence.

[AndyOrch]

Responding to your Reported Post re CPR 31.14

 

Template is working and editable...you can simply copy and paste from the template and insert your own details.

 

 

Andy

[Bazooka Boo]

CPR request sent yesterday RD, date to file defence is 8th May which is a Sunday so will probably drop it in the post the week prior.

 

 

[dx100uk]

You file your defence via mcol same as AOS on the Friday by 4pm.

 

Use our enhanced Google search box, Lowell claimform card.

 

Plenty of examples here already.

 

 

[Bazooka Boo]

They received the CPR31:14 request on the 11th, noted about filing defence thank you DX.

 

I'm going to use the holding defence that Andy posted on another thread (Holding defence)

 

Is paragraph 4 on the claim form referring to the amount they are claiming??

 

(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 financial dealings with XXXXXXX 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 78 request.

 

(3) Paragraph 2 is noted. Although I have not retained a copy of it and I do not recall the precise details of the Default Notice I have requested a further copy from the claimant which they have yet to provide.

 

(4) Paragraph 3 is noted.  Although I have not retained a copy of it and I do not recall the precise details of the Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1) and therefore requested a further copy from the claimant which they have yet to provide.

 

(5) Paragraph 4 is denied, as the claimant has yet to fully comply.

(6) 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 complied and proved a copy of the alleged agreement.

 

(7) A further request made by 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.

 

(8) 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 section 88 of the Consumer Credit Act 1974 and:

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

 

(9) as per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed.

 

(10) On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has a right to lay claim due to contraventions of section 82A of the Consumer Credit Act 1974.

 

(11)  By reasons of the facts and matters set out above, it is denied that the Claimant at this time is entitled to the relief.

[Bazooka Boo]

Here is the response back from overdales, nothing I haven't already got albeit they have taken to printing on both sides of the paper, faulty DN and standard template CCA with no IP address, still going to go with the holding defence next week and see where it goes from there.

 

Well that's my plan.... 

 

 

P.S. I see they have been somewhat audacious and have already added the fees and interest to the original figure they claim is outstanding, is this a normal stunt they pull thinking they don't even have to go to court to inflate the balance?

CPR Response.pdf

Edited April 27, 2022 by Bazooka Boo

[dx100uk]

Yes they do and can add the court stuff but its sort of fake anyway.

Pie in the sky debt

[Bazooka Boo]

OK, having received a response to the CPR request, I take it I simply delete the relevant paragraphs from the holding defence, and submit an abbreviated version?

 

 

Particular's of Claim for reference only

 

1.The claim is for the sum of XXX.XX regulated by the consumer credit act for a Capital One account with an account reference of XXXXXXXXXXXX.

 

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 26-07-18, notice of which has been given to the defendant.

 

4.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 £20.02

The claimant claims the sum of £270.32

 

What is the total value of the claim? 355.32

 

########Defence#######

 

(1)  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 Capital One, but at the time of receipt of this claim did not recall this account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request pursuant to the CCA1974 for a copy of the alleged agreement.

 

(3) Paragraph 2 is noted. I do not recall the precise details of the Default Notice I have requested a further copy from the claimant which they have provided.

 

(4) Paragraph 3 is noted.  Although I have not retained a copy of it and I do not recall the precise details of the Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1) and therefore requested a further copy from the claimant which they have  provided.

 

(5) Paragraph 4 is denied. 

(6) 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 complied and provided a copy of the alleged agreement although it is averred that it cannot be an original copy agreement as any credit would have been taken out online and this copy is devoid of my signature or any IP Address or tick box verification pursuant to sec4 The Consumer Credit Act 1974 (Electronic Communications) Order 2004 .  Therefore it is not properly executed pursuant to sec61 of the CCA1974. 

 

(7) A further request made by via CPR 31.14 to the Claimants solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The Claimant has complied with a copy  Default Notice which is invalid pursuant to sec 87/88 of the CCA1974 as it does not contain the correct prescribed terms and the original creditor Capital One failed to ever serve Notice of Sums in Arrears before defaulting the account.

 

(8)Therefore It is 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 the nature of the breach and evidence by way of a Default Notice Pursuant to section 87/88 of the Consumer Credit Act 1974.

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

 

(9) as per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed.

 

(10)  By reasons of the facts and matters set out above, it is denied that the Claimant at this time is entitled to the relief.

 

 

 

 

.

 

 

 

 

[Bazooka Boo]

Any steers to my post #85, just so this doesn't get hijacked....

[AndyOrch]

I will run through it later BB .

[AndyOrch]

Defence amended in above post.

 

Andy

[Bazooka Boo]

Defence submitted, thank you DX and Andy...

[Bazooka Boo]

Response from HMCTS acknowledging receipt of my defence and to wait until they, (HMCTS), inform me of what will happen after they have been instructed by Lowlifes.

[dx100uk]

Not quite, lowell have 28 days to file dq n180 else the claim gwts autostayed

[Bazooka Boo]

Here's their DQ, landed on the mat today.

 

Waiting for mine now, how long do I have to respond to the DQ?

Overdales DQ.pdf

[AndyOrch]

Quote

 how long do I have to respond to the DQ?

 

Tells you in the accompanying notice BB 

[Bazooka Boo]

Not entirely sure what this latest missive is all about, and I have no idea why they are telling me that I can't view the deed of assignment, I never even asked for that?

 

What is interesting is their take on the claim and that I'm in breach of CPR 16.5 (2) for not giving them a reason for disputing the claim and simply contesting the legality.

 So they seem to be trying to intimidate me by stating that they will get a Judgement by default..... these lot are really beginning to make my teeth itch'

 

I've ever asked them to prove that a debt is outstanding, I've simply asked them to provide evidence that they have all of the correct documents in order to receive payment, and so far they have failed to do so.

 

But on the bright side, I still get a discount, and I can pay ion two easy instalments of £150.

 

Still waiting for the DQ from the court, just off to work will check in over the weekend.

 

Thank you for all your help so far....Overdales Conf.pdfOverdales Conf.pdf

[Bazooka Boo]

What time scale should I be receiving the DQ from the court?

 

I've had nothing since the last letter I received above.....not entirely sure if there is some sneaky goings on happening?

[dx100uk]

what is the claim status on mcol?

 

dx

 

[Bazooka Boo]

A claim was issued against you on 05/04/2022

Your acknowledgment of service was submitted on 06/04/2022 at 16:56:15

Your acknowledgment of service was received on 07/04/2022 at 08:05:11

Your defence was submitted on 06/05/2022 at 09:41:12

Your defence was received on 06/05/2022 at 12:05:14

 

That's it, I received their DQ on the 9th June, followed by their letter dated the 14th of June telling me I'm in breach of the CPR rules and Lowlifes were at ''liberty'' to strike out my defence and obtain a judgement by default.

 

But nothing from the courts?

[dx100uk]

i would suggest the claim is now autostayed.

it doesnt usually take mcol 20days to update they've received the claimants DQ and send yours out.

but its not unheard of.

 

but as said before, its typical of lowells to send out their proposed DQ and a begging letter almost immediately the defendant files their defence just to intimidate and harrasss.

 

dx

 

[AndyOrch]

That's because Lowell have not informed the court they wish to proceed...simply downloaded their own DQ completed it and sent it to you hoping you will panic....they have done this for years.

[Bazooka Boo]

That makes sense Andy.

 

Is it worth reporting this to anyone, abuse of process? Intimidation? Just down right childishness?

 

Lowlifes have another one of these accounts, just going through the usual offers of discounts, "we do things differently" nonsense, so am expecting them to go down the same route as they have with this.

 

Hmmmm what to do......?