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Lowell/Overdales - Halifax One Credit Card Debt Claim Form Received


Unique

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yours is not the next move

 

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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  • 1 year later...

open

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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Back again.

Recently received Claim Form for debt.

seeking advice on how to respond.

Submitted CCA requests previously which were incomplete.

They raised a request for the default notice from original creditor and said no further action would be taken until a response is sent which it hasn't.

Now this. 

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  • AndyOrch changed the title to Lowell/Overdales - Halifax One Credit Card Debt Claim Form Received

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

Please read the following and copy and paste your responses back here for further advice.

.

  • Like 1

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Which Court have you received the claim from? CIVIL NATIONAL BUSINESS CENTRE, NORTHAMPTON

Name of the Claimant? LOWELL PORTFOLIO LTD

How many defendant's joint or self? SELF

Date of issue – 03 MAY 2024

Particulars of Claim

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

1.THE CLAIM IS FOR THE SUM OF £6000 DUE TO THE DEFENDANT UNDER AN AGREEMENT REGULATED BY THE CONSUMER ACT 1974 FOR A LLOYDS BANKING GROUP PLC ACCOUNT WITH AN ACCOUNT REFERENCE OF (ACCOUNT NO. 16 DIGITS LONG).

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 ACT 1974 WHICH HAS NOT BEEN COMPLIED WITH.

3.THE DEBT WAS LEGALLY ASSIGNED TO THE CLAIMANT ON (DATE) NOVEEMBER 2016 NOTICE OF WHICH HAS BEEN GIVEN TO THE DEFENDANT.

4. THE CLAIM INCLUDES STATUORY INTEREST UNDER S.69 OF THE COUNTY COURTS ACT 1984 AT A RATE OF 8% PER ANNUM FOR THE DATE PF ASSIGNMENT TO THE DATE OF ISSUE OF THESE PROCEEDINGS IN THE SUM BE OF £0.00. THE CLAIMANT CLAIMS THE SUM OF £6000.

What is the total value of the claim? £6500

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? YES, NOTICES OF CLAIM. 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? YES 

Did you inform the claimant of your change of address? NO

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?  BEFORE 

Do you recall how you entered into the agreement...On line /In branch/By post? I DONT RECALL

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? 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 PURCHASER. 

Were you aware the account had been assigned – did you receive a Notice of Assignment? THE FIRST I RECALL WAS A LETTER FROM LOWELL SAYING THEY NOW OWNED THE DEBT. 

Did you receive a Default Notice from the original creditor? NOT THAT I RECALL OR BEEN PROVIDED WITH THROUGH CCA REQUESTS.AT LAST REQUEST THEY SAID THEY WERE AWAITING THE DEFAULT NOTICE AND NO ACTION WOULD BE TAKEN UNTIL RESPONDED WHICH TO DATE I'VE NOT HAD OR SEEN. 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?  NO, I RECEIEVED LETTERS OF CLAIMS
 

Why did you cease payments? 

i was under medical care which caused me not to work.

around that time lowell had wanted me to increase my payments as it would take too long to clear the debt

. i had been paying them what i was paying the bank.

i explained my then health & financial position and that i was unable to do so. they put a hold on my account for a few months so i cancelled my direct debit.

i made a full and final offer which was rejected.

when they wanted payments to resume i explained i was in a worse financial position, still undertaking treatment and now unemployed so could not start payments as they wanted.

after sending my financial spreadsheet they kept sending letters asking what i was going to do.

i couldn’t see a way forward i felt stressed and under pressure so wrote that i would not be corresponding with them anymore.

What was the date of your last payment? NOVEMBER / DECEMBER 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? I COMMUNICATED MY FINANCIAL PROBLEMS WITH THE CREDIT CARD COMPANY, WE MADE A MONTHLY PAYMENT AGREEMENT WHICH WAS KEPT FOR SEVERAL YEARS UNTIL DEBT WAS SOLD.
 

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pop up on the bulk court website detailed on the claimform.
[if it is not working return after the w/end or the next day if week time]
.
When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word.

You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.

 then log in to the bulk court 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 the website
..
get a CCA Request running to the claimant
.
https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/
..
Leave the £1 PO unsigned and uncrossed
.
get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant]
...
https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/

.
.use our other CPR letter if the claim is for an OD or Telecom Debt or Util 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
.do not ever use or give an email
.
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]

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


 

  • 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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Posted (edited)

Thank you for the advice.

I submitted a CCA request late last year which was returned in part. Am I correct that I won’t need to send another just the CPR 31.14 requesting the Notice of Assignment & Default Notices that wasn't provided yet mentioned in the claim?

Edited by Unique
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you send both as advised.

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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UPDATE: 

Acknowledgement of service has been done.

CPR & CCA requests have been sent by recorded delivery.

From my calculations my defence is to be submitted by early June though I plan to send a few days beforehand. 

Reading what I can find of others experiences and what may come next.   

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  • 2 weeks later...

UPDATE:

Received a reply from Overdales re: CCA & CPR 31.14 requests. Letter states they're unable obtain a copy of the Default notice which they claim to have informed me of earlier this year. 

Based on this I'd appreciate advice on the next step, my defence. 

Much thanks.

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use our default holding/no paperwork defence in 100's of threads here already

clickme^^^

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

Morning, 

I've put together my defence and would appreciate any advice. 

Much thanks! 

1. The claim is for the sum of £6000 due to the defendant under an agreement regulated by the Consumer Credit Act 1974 for a Lloyds Banking Group PLC account with an account reference of (account no. 16 digits long).

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 act 1974 which has not been complied with.

3. The debt was legally assigned to the claimant on (date) November 2016 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 for the date pf assignment to the date of issue of these proceedings in the sum of £0.00.

5. The Claimant claims the sum of £6000.

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 in the past had financial dealings with Halifax part of the Lloyds Group of Companies but do not recognise the specific account number referred to by Claimant.

2. Paragraph 2 is noted. I do not recall receipt of a Default Notice by the original creditor which the Claimant refers to within its Particulars of Claim. CCA & CPR 31.14 requests were sent to Claimant dated 11 May 2024. Response dated 24 May 2024 details that ‘they are unable to obtain a copy of Default Notice’.

3. Paragraph 3 is noted. Although I had not recalled a copy of the Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1) I requested a further copy from the claimant which has since been provided in response dated 24 May 2024.

4. Paragraph 4 is noted. It is denied 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.

(b) Show the nature of the breach and evidence by way of a Default Notice Pursuant to s.87(1) of the Consumer Credit Act 1974.

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

5. As per Civil Procedure 16.5 it is expected that the Claimant prove the allegation that the money is owed.

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.

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2 hours ago, Unique said:

2. Paragraph 2 is noted. I do not recall receipt of a Default Notice by the original creditor which the Claimant refers to within its Particulars of Claim. CCA & CPR 31.14 requests were sent to Claimant dated 11 May 2024. Response dated 24 May 2024 details that ‘they are unable to obtain a copy of Default Notice’.

CCA request or rather sec78 request pursuant to the CCA1974 should be referred to in your point 1 given that you do not recognise the account number referred to and you should add as they complied what anomalies/argument did you find with regards to the agreement disclosed.

Keep your point 2 as CPR 31.14 and response to default only...dont mix.

 

Andy

  • Like 2

We could do with some help from you.

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Much thanks, I'll amend and repost before submitting.  

I had a look through the credit agreement again, despite the signature looking legit I've noticed the below and wondered if they'd work as part of my defence,

a)    The document headed ‘Your Personal Details’ has an office stamp which is unreadable.

b)    On the above mentioned document under section ‘What to do next’ it states turn to agreement form on page 3 however 2 pages are provided.

c)    The above mentioned document is unsigned & dated on behalf of Halifax PLC.

d)    Two sets of documents headed ‘Credit Card Agreement Regulated By The Consumer Credit Act 1974’ was received containing dissimilar information. Under Parties to this agreement, both papers contain different name / address of the banking institute as well as Defendants address. This document is not on letter headed paper, the layouts are different, paragraph numbers differ as does the document content.

Thanks again for any help.

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are they here?
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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if you are going by the previous uploads you made then dont rely too much on them as you'll be getting a witness staement if the claim goes that far with a complete set of all the exhibits they intend to rely upon.

no default notice from the original creditor nor proof one was ever sent...to date and an ack they dont have one either....thats fatal to most claims .

as for you questions .... a + c are somewhat immaterial.

b + d are useful to your WS , but they might send other paperwork so dont hang too much credence on your theories.

plenty of like lowell card claimform threads here to read.

also look in the legal successes forum off this one.

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

Thanks for the help. 

Here's my defence. Ready to go or in need of amendment?

1. The claim is for the sum of £6000 due to the defendant under an agreement regulated by the Consumer Credit Act 1974 for a Lloyds Banking Group PLC account with an account reference of (account no. 16 digits long).

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 act 1974 which has not been complied with.

3. The debt was legally assigned to the claimant on (date) November 2016 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 for the date pf assignment to the date of issue of these proceedings in the sum of £0.00.

5. The Claimant claims the sum of £6000.

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 in the past had financial dealings with Halifax part of the Lloyds Group of Companies but do not recognise the specific account number referred to by Claimant. A sec78 request pursuant to the CCA1974 was made and documents provided in correspondence dated 24 May 2024.

2. Paragraph 2 is noted. I do not recall receipt of a Default Notice which the Claimant refers to within its Particulars of Claim. A CPR 31.14 request was made dated 11 May 2024. To date the Claimant has not provided a copy.  

3. Paragraph 3 is noted. Although I had not recalled a copy of the Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1) I requested a further copy from the Claimant which has since been provided in response dated 24 May 2024.

4. Paragraph 4 is noted. It is denied 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.

(b) Show the nature of the breach and evidence by way of a Default Notice Pursuant to s.87(1) of the Consumer Credit Act 1974.

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

5. As per Civil Procedure 16.5 it is expected that the Claimant prove the allegation that the                                        money is owed.

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.

 

 

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So apart from your 2 everything else in their claim is accepted and they complied with no problems bar the Default Notice ?

4a They have complied

4c They have complied

Are you not going to challenge their agreement ?

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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Thanks for reply.

Yes they complied with everything else accept the Default Notice which they cannot obtain. So remove points 4a & 4c from the defence as they complied?

Challenge the agreement based on my points in #42 or save for witness statement if it gets there per #45?

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13 minutes ago, Unique said:

Challenge the agreement based on my points in #42 or save for witness statement if it gets there per #45?

Imply but not in fine detail then 4a can remain. Lose 4c You can go into full detail later within your statement.

EG.  1. Paragraph 1 is noted. I have in the past had financial dealings with Halifax part of the Lloyds Group of Companies but do not recognise the specific account number referred to by Claimant and on which it claim relies upon. To enable clarification on (insert date) I made a sec78 request pursuant to CCA1974 to which the claimant provided various documents which appear to be incomplete with page numbers missing and incomplete Terms and Conditions. If this is  a copy of the original agreement it appears to be unexecuted by the original creditor.

  • Like 2

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

If you want advice on your Topic please PM me a link to your thread

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