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lowell Claim form - old Newday Debenhams mastercard card debt


MadMat
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Which Court have you received the claim from ? MCOL Northampton N1

 

MCOL Northampton N1 ?

Manual Claim CCMCC (Salford) ?

New beta WWW.MONEYCLAIMS.SERVICE.GOV.UK ?

 

If possible please scan redact and upload a full page copy of page 1 of the claim form. (not the response page or AOS)

 

 

Name of the Claimant ? Lowel Portfolio 1

 

Date of issue –  14th Jan 2020

 

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim? 

 

1.The Claim is for the Sum of £1400 Due by the defendant under a credit agreement regulated by the consumer credit act 1974 for a newday ltd account with an account reference number xxxxxxxxxxxxxxxx

 

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 xx-04-21 notice of which has been given to the defendant.

 

 

4.The Claim includes statutory interest under S.69 of the county courts act 1984 and a rate of 8% per annum from the date of issue of these proceedings in the sum of £xxxx

 

The Claimant claims the sum of £1500

 

What is the total value of the claim? £1600
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Possibly,  I've been binning a lot of threatograms and junk from several debt collectors
 

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? credit card
 

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? Possibly,  I've been binning a lot of threatograms and junk from several debt collectors

 

Did you receive a Default Notice from the original creditor? Possibly,  I've been binning a lot of threatograms and junk from several debt collectors

 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Possibly,  I've been binning a lot of threatograms and junk from several debt collectors

 

Why did you cease payments? I'm self employed,  income dropped to zero during pandemic
 

What was the date of your last payment? Early 2020,  unsure of exact date
 

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? Yes, had a 3 month payment holiday early in pandemic

 

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

 

 

I'd hoped I had my financial problems worked out,  sadly the virus had other ideas.

 

I'd really appreciate some help with any possible defence I can use here

 

I've acknowledged service

CPR and CCA requests sent 27/01

Had a vague "we're looking into it" reply from Overdales to the CPR

No reply to the CCA, (they don't even appear to have cashed the £1 cheque)

 

Other possibly useful information,  I'm still in extreme financial distress, I could quite honestly admit the debt and show the court income/expenditure that proves I can't afford to repay anything ( my income is currently roughly half what it was pre-pandemic)

I'm also behind on priority debts - Income tax and NI

 

To be honest I'm seriously considering bankruptcy!

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You do not need nor should you go bk ever over speculative consumer credit debt(s) with or without a speculative claimform.

 

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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  • dx100uk changed the title to lowell Claim form - old Newday Credit card debt

Use our enhanced google search box

lowell card claimform

 

Your defence is due monday by 4pm

 

plenty of the std no paperwork/holding defence examples to base yours on

post it up for checking.

 

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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I agree,  I wouldn't do over these claims,  but the big chunk of change I owe HMRC is a different matter.  the BK or not will depend on how talking to them goes!

 

MadMat

 

 

 

Edited by dx100uk
unnecessary previous post quote removed
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start a topic in the HMRC forum then

 

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

Proposed defence

 

I've just noticed on checking the paperwork that the "we are looking into it letter" from overdales included a copy of a Notice of assignment, so I've not referenced that in the defence.  

 

1.The Claim is for the Sum of £1400 Due by the defendant under a credit agreement regulated by the consumer credit act 1974 for a newday ltd account with an account reference number xxxxxxxxxxxxxxxx

 

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 xx-04-21 notice of which has been given to the defendant.

 

4.The Claim includes statutory interest under S.69 of the county courts act 1984 and a rate of 8% per annum from the date of issue of these proceedings in the sum of £xxxx

 

The Claimant claims the sum of £1500

 

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 financial dealings with Newday Ltd 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 4 is denied, as they claimant has yet to fully comply.


(5) 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 not complied and provided a copy of the alleged agreement.

 

(6) 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.

 

(7) 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.

 

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

 

(9) 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.

 

(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.

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i much prefer  

 


  Paragraph 2 is denied. A default notice was never received. The Claimant is put to strict proof that a default notice was issued to and received by the Defendant from the Original Creditor pursuant to s.87(1) CCA.

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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nope that time limit is immaterial in relation to a court claim .

 

now get reading up on whats to come if the claimant wants to progress through its various stages.

but always check here 1st before doing anything further

 

 

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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and what else does it say on the court letter?

 

next stage is DQ N180 if the claimant wants to progress the claim, though there is a time limit, detailed from above i suspect.

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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  • 1 month later...

I've had a few letters!

 

From overdales,

 

A copy of a Directions Questionnaire they have submitted.

 

And a big bundle containing 

Loads of copies of statements.

A copy of a default notice I'm pretty sure I've never seen before

A ten page long "credit agreement" which appear to be a printout of the terms and conditions from their website with my name and address typed at the top!

A copy of a Notice of Assignment again I don't ever recall seeing

A copy of a nice friendly letter from Lowells introducing themselves as the new owner of the debt

 

 

From the court, 

A Notice of proposed Allocation to Small claims track

and an N180 form I need to complete and return by 4th April

 

What of this lot do I need to scan and upload for you guys to see  probably over 100 sheets, double sided so I don't really want to blindly scan and upload the lot?

 

TIA

 

Mat

 

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Agreement+dn

 

 

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

Default Notice and first page of the credit agreement, the rest of it is 8 more pages of the same printout of the T&C, and creates a file too big to be uploaded.  I'll scan it all as single page files if it's really needed

 

The poor quality of the CA is not my scanning, what they send me is poorly printed a very blury!

 

Mat

CreditAgreementPage1.pdf DN.pdf

 

As to the N180 form, I plan on replying

 

I agree to small claims track

Hearing venue my local county court

no to mediation (it was a complete waste of time last time)

One Witness, Me!

 

Overdales have asked for a telephone hearing - is there anything I can put on the form to reject that idea?

 

 

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agree to mediation - read like threads here.

 

as for the docs...read upload ....use the sites listed in that to get all the pages up of both docs please.

 

there NO NEED to remove dates times figures.

just your pers details and any ref/card numbers

we cant decide if the DN is compliant with the £'s

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

hope you didnt give OD's your email/sig/phone on their copy?
 

 

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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  • 1 month later...

I've just got home from a week away and found this waiting for me!

It seems my N180 form never made it to the right place.

 

I've emailed another copy of it today,  it just seems rather a coincidence that this order is dated the day before I went away,  dates listed in the "when are you unavailable" section of the N180 Lowels had a copy of . . . . .

 

n24.pdf

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  • 3 weeks later...

I'm not quite sure what to do next

 

I have an appointment for mediation.  the letter has some fairly strict instructions about negotiating in good faith.

 

I'm pretty much flat broke, I don't have anything to negotiate with.  And I don't really want to negotiate a settlement.

 

Do I respond to the letter with the requested details?  and what do I do when the mediator calls ?

 

TIA

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  • dx100uk changed the title to lowell Claim form - old Newday Debenhams mastercard card debt

so in 3 weeks you've not been reading up?

there is no sig or tickbox/IP nor date of take out on that agreement if as you say it was online?

looks like bogroll to me.

 

 

 

pers when you take the call simply say you do not have enough information to make an informed decision to enter into mediation.

 

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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I was going more on previous experience of these mediation calls,  where I managed to make the mediator angry by trying to discuss poor quality paperwork or anything other than how much I was going to pay the other side!

 

His entire attitude was I had to pay something and all he would discuss was how much that something was.   And he told me off for wasting his time before terminating the mediation ;) 

 

 

 

 

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shouldn't be any discussion.

 

if you say you dont have enough info to make an informed decision to enter mediation, you are telling them you will not mediate. end of. not their call to try and persuade you.

 

 

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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