Lowell/Overdales claimforn - old cap1 card (luma), old vanquis card, old O2 mobile debts - all but cap1 have been disc'd

[prince percy]

Mcol - n1 northants bulk

 

Name of the Claimant ? Lowell

 

Date of issue – top right hand corner of the 1/7 – this in order to establish the time line you need to adhere to. 27/7

 

Particulars of Claim

 

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

Original Creditor: O2, Vanquis, Capitol One
Original Debt (eg. Credit card/Loan/Overdraft) : Mobile phone credit cards
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts

1.       The Claim comprises the following Agreements the Defendant entered into:

1.       Telefonica and current balance £88.96

2.       Capital One (Europe) plc with ref ... and current balance £730.13

3.       Vanquis bank with reference: .... and current balance of £352.73

 

The agreements were terminated as payments were not maintained and subsequently assigned to the claimant.

And the claimant claims:

1.       The total of said sums being £1171.82

2.       Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of the assignment to the date of issues, but limited to one year being £93.75

3.       Costs.

 

What is the total value of the claim? 1425
 

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? Give answer here

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? 2x credit cards 1x mobile phone
 

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 ? on line

 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? credits yes phone no
 

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
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Only when requested in letter of claim. 

 

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 ? no
 

Why did you cease payments?  yes
 

What was the date of your last payment? Phone December 14. Credit cards August 2018
 

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
 

HI was wondering if I can get some help with this claim?

 

I have acknowledged the claim and started looking a my defence. Unfortunately due to now living near a post office and work pressure only managed to get a postal order to do the CCA yesterday and sent it off to the claimant. I have done the CPR request as well.

 

I need some help with my defence. When they sent letter of claim last year I requested assignments, CCA and defaults and have been emailed copies and to me they look fairly legit.

Is there anyway I will be able to defend this cliam?

Edited July 22, 2022 by dx100uk
Spacing

[dx100uk]

You need to scan up all the paperwork they returned after the loc reply to one mass pdf.

read upload

 

what date is top right on the claimform?? 01/07/2022?

 

Dx

[prince percy]

the date is 1/7 so i my defence is due tomorrow.

I prepared the following:

1.The Defendant received the claim [Claim Number] from the Northampton County Court  County Court on 1^st July 2022

 

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3.This claim appears for a mobile phone and a credit card agreement regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has previously entered into an agreement with O2, Vanquis Bank and Capitol One for provision of credit and mobile phone.

 

5.The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

6.The Claimant’s Particulars of Claim fail to state when the agreement was entered into

7. The defendant contends the alleged debt Telephonica xxxxxxxxxxx is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years

 

8. It is denied that Vanquis Bank, Capitol One or O2 served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.

10.On 24^th July  the The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Overdales Solicitors. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

11. Overdales has not sent any of these documents to the Defendant.

12.On the 15^th July The Defendant sent a formal request for a copy of the original agreement to Lowell pursuant to section of the Consumer Credit Act 1974 along with the statutory £1 fee.

13.The Claimant has failed to comply with s 78 (1)] Consumer Credit Act 1974 and by virtue of  78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

14. The Defendant have asked the Claimant if we may agree to extend the time period allowed for filing of the defence pending receipt of documents (as allowed under CPR 15.5), but they have not responded.

15.Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

16.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his  case else the Claim should stand struck out.

17.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his defence, and would ask that the Claimants bear the costs of the amendment.

18.It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

[I believe][the (claimant or as may be) believes] that the facts stated in this [name document being verified] are true. I understand] [The (claimant or as may be) understands that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

[dx100uk]

Far too much there and you don't need the end statement.

 

The 1st few paragraphs are also very old and no longer applicable 

 

Have a look at a couple of the merged debts defences for Lowell's you'll find here,. 

 

Dx

 

 

[AndyOrch]

Take a look at the following topic this is an amalgamated multiple claim from the same claimant.

 

 

[prince percy]

Ok thanks will edit a bit.

 

I had a question in relation to a CCA request. is it right that if you make a request and it is not provided within 14 days then the debt is unenforceable? 

[dx100uk]

No.

 

But outside of a court claim, until they comply, you could cease payments.

 

it's 12+2 working days.

[AndyOrch]

Quote

I had a question in relation to a CCA request. is it right that if you make a request and it is not provided within 14 days then the debt is unenforceable? 

 

I beg to differ with my colleague but yes..

 

(6)If the creditor under an agreement fails to comply with subsection (1)—

(a)he is not entitled, while the default continues, to enforce the agreement;

 

 

[prince percy]

Thanks for the answers. The reason i ask was that in October 2020 i made a request for this along with a request for the default notice and assignment. This was not complied with until January 2021 so could i use that in my defence?

 

[AndyOrch]

Not if they complied no....the 14 days are irrelevant once they comply

[prince percy]

thank you for the clarification.

 

[prince percy]

Ok i seem to be having some issues now and starting to get a bit worried,

I've been trying to log back on to MCOL and it won't let me log on. i used the claim and password on the pack it is says incorrect. I have no way of printing and sending my defence is there anyway i can email this to the court?

 

[dx100uk]

there have been serious internet issues across the UK today in many areas.

 

but yes things can be filed by EMAIL.

 

try again tomorrow

then if not we'll help.

 

can we see the defence to ensure you are not shooting yourself in the foot first?

 

dx

 

[prince percy]

I've manged to recover my Gateway id and can now access the portal.

i have amended my 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. The claim comprises the following agreements the defendant allegedly entered into:

1.       Telefonica and current balance £88.96

2.       Capital One (Europe) plc with ref  xxxxx... and current balance £730.13

3.       Vanquis bank with reference: ..xxxxx.. and current balance of £352.73

 

2. It is admitted that the Defendant has previously entered into an agreement with O2, Vanquis Bank and Capitol One for provision of credit and mobile phone.

 

3.The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

 

4.The Claimant’s Particulars of Claim fail to state when the agreement was entered into

 

5. The defendant contends the alleged debt Telephonica xxxxxxxxxxx is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years

 

6..It is denied that Vanquis Bank, Capitol One or O2 served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.

 

7.On 24^th July  the The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Overdales Solicitors. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

 

8.. Overdales has not sent any of these documents to the Defendant.

 

9. .On the 15^th July The Defendant sent a formal request for a copy of the original agreement to Lowell pursuant to section of the Consumer Credit Act 1974 along with the statutory £1 fee.

13.The Claimant has failed to comply with s 78 (1)] Consumer Credit Act 1974 and by virtue of  78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

 

10.. The Defendant have asked the Claimant if we may agree to extend the time period allowed for filing of the defence pending receipt of documents (as allowed under CPR 15.5), but they have not responded.

 

15.Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

16.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his  case else the Claim should stand struck out.

17.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his defence, and would ask that the Claimants bear the costs of the amendment.

18.It is denied that the Claimant is entitled to the relief as claimed or at all.

[dx100uk]

lots of mistakes.

 

i much prefer the one andy pointed too in about post 20 in the above thread.

telecom debts are not covered by the CCA so neither is a Default notice necessary, however that debt you say is statute barred.

give it a line on its own .

 

please dont file anything before @Andyorch checks it over.

 

[AndyOrch]

Not due until 26th Aug 16.00...requires work....have another go and post here. 

[prince percy]

my bad. i thought the timescale was 33 calendar days not working days hence me thinking it was due tomorrow.

 

that give me some more time as i was rushing to get this done before i go on holiday tomorrow.

i'll work on this over the next couple of weeks.

thanks for the help so far.

 

[dx100uk]

it is cal days

the sticky you filled out for post 1 tells you how to work it out.

[prince percy]

so my defence is due tomorrow? 

 

 

[dx100uk]

eh?

date on claimform top right +33 days (whereby claimform date is 1 in the count)

however courts close at w/ends so you must file on the friday before by 4pm if your filing date  falls on a w/end

 

[prince percy]

ok, thanks for the clarification.

 

i've adapted the one from the thread mentioned.

 

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. The Claimant has not fully complied with paragraph 3 of the PAPDC (Pre Action Protocol) having failed to disclose the requested documents on which this claim relies upon. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

 

2. The claim comprises the following agreements the defendant allegedly entered into:

          a.       Telefonica and current balance £88.96

          b.      Capital One (Europe) plc with ref  xxxxx... and current balance £730.13

          c.       Vanquis bank with reference: ..xxxxx.. and current balance of £352.73

 

The defendant does not recall with any precision the agreements referred to above and has sought further information from the claimant.

 

3. Paragraph 2 is noted although the claimant has yet to provide any evidence with regards to the alleged agreements, when the agreement were defaulted when terminated or if a default notice was ever served by the original creditors pursuant to section 87(1) of the CCA1974.

Further with regards to Assignment it is denied I was ever served with Notice of Assignment's for each of the agreements pursuant to sec 136 Law and Property Act 1925.

 

5. The defendant contends the alleged debt Telephonica xxxxxxxxxxx is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years

 

 

 

4.On receipt of this claim I requested by way of Section 78 request x 2 pursuant to the Consumer Credit Act 1974 for a true copy of the credit agreements relating to the alleged Vanquis Bank and Capitol One accounts. To date the claimant has failed to comply with the requests and is therefore prevented from enforcing the above agreements pursuant to section 78 CCA1974 until such time they can comply.

 

The claimant has also failed to respond to a CPR 31.14 request for the alleged documents on which this claim relies. The claim has yet to be allocated to track and therefore my request is legally valid.

 

4. Therefore, the defendant denies owing any money to the Claimant and the claimant is put to strict proof:

 

a. Show how the Defendant has entered into an Agreement/s.

 

b. Show how the Defendant has reached the amounts claimed.

 

c. Show and evidence when valid Default Notices/Termination were issued for each agreement and dates terminated.

 

d. Evidence Notice of Assignments for each of the agreement/s

 

5. As per Civil Procedure Rule 16.5(4) it is expected that the Claimant prove the allegation that the money is owed; having been provided with written requests for information under CPR 31.14 and to date have failed to provide any such documentation as detailed on the particulars of claim.

 

 6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

[dx100uk]

well theres no panic, they might comply to your requests and things might change.

 

you need to be concentrating on reading as many claimform threads here as you can so you become aware of how things work going fwd.

 

you have weeks before you need to file that, once checked. on MCOL. do not file early.

 

now you said they had returned previous paperwork in response to your loc reply?

 

we need to see all that in one mass PDF

read our upload guide carefully and get that done please.

 

 

 

 

[prince percy]

I have read a few claim forms and have had a claim stayed before following my defence.

I have experience of county court through work but my knowledge is all housing related. 

Is the defence ok?

 

[dx100uk]

probably, but it might change should they reply to your CCA/CPR requests before the filing date

and it might well change with the documentation they have already supplied, but we cant judge as we've yet to see their reply to your LOC reply.

you have sent a CCA request for EACH of the cards havent you? and the sols a CPR?

 

 

[prince percy]

i've got the pdf to upload but having trouble removing personal information, 

have sent cca request for both credit cards and cpr to sols