Lowell/Shoes SPC Claim Forfar Sheriff Court - Old Newday Credit Card.

[UsedCarMan]

Yes. 
A4 forms i uploaded do 100% match the papers that arrived in post. 
 

It is what I need to insert in boxes D1-D5 that I can’t find/unsure of. 

It may be right under my nose but I can’t seem to find it. 
 

ucm

[dx100uk]

22 minutes ago, UsedCarMan said:

A4 forms i uploaded do 100% match the papers that arrived in post. 

that is not what i am asking....please read what i am asking above carefully....

do the ONLINE WEBSITE RESPONSE QUESTIONs+NUMBERs (NOT THE PDF'S) match form 4a pdf Qs+No's???

dx

[UsedCarMan]

Yes. 

[dx100uk]

great thank you .. got there in the end.

the only D section you fill will be D1.

i'll be updating this sticky:

What To Do - Simple Procedure Rule Claims Scotland updated 2024 - Scotland Financial Legal Issues - Consumer Action Group

later tonight, probably in the early hours, it will be ready for you to use in the morning, 

1 final question , under d1 it says, you can use a sep sheet if not enough room (there wont be enough!) , i will gather there is a portal stated on the website by d1 to do so?

do they state a format to use like pdf or doc(x)? and are there instructions upon how you must name such uploads ..ie claim number , claimant/defendant, court name, date?

dx

 

 

[UsedCarMan]

Had a look on court response site and it says you can upload up to 5 supporting docs (jpeg : 50mb max each) 

thank you again for your help and patience. 

ucm

[dx100uk]

 

i have updated the response sticky now.

https://www.consumeractiongroup.co.uk/topic/402263-what-to-do-simple-procedure-rule-claims-scotland-updated-2024/

in your case...where it states in the response to a credit card claim

The court will be aware that penalty charges

enter before that line/paragraph this addition paragraph:

......................starts.......

The Claimant in their form 3a Section E4 hereby stated:

5. It was a term of said agreement that a failure to meet any payment on a due date would render the account in default and would entitle the claimant to serve a notice of default on the respondent requiring the respondent to remedy the breach within 14 days failing which the agreement would be terminated. 

 

6. On or around 31/07/2020 the respondent failed to make a payment of a sum which had fallen due and the said account entered into default. A default Notice was issued to the respondent on 31/07/2020.

7. The respondent failed to remedy the default following upon service of the said notice and the account was accordingly terminated in accordance with that notice. The account remains in default.

The Claimant could not have issued a default notice to the respondent on said date of 31/07/2020.

As in box E1 Section 2 the Claimant clearly states:

2. By virtue of a debt purchase agreement (“the agreement “) between the claimants and NewDay Ltd. (“the original owner”) dated 23/10/2020.

Under the Consumer Credit Act 1974 only the Owner of a debt can issue a Default Notice.

The claimant by their own admission did not own the debt until 23/10/2020.

.......ends..........

 

[UsedCarMan]

Thank you for the sticky. I shall get it attached to response form. 

I have noticed I have not sent a CCA request yet.  Do I send one today or is it too late ?

 

[dx100uk]

you dont attach it to any/the response form.

you are filing your defence ONLINE at that site i indicated.

click the blue link at the bottom - start now.

upload/attach it as a PDF 

send the CCA request to Lowell today.

i purposefully have not recommended it to date as it tips them off upon how your are going to defend if sent before filing your response.

dx

 

[UsedCarMan]

Final question before I hit “submit” to the court.

Looking for your confirmation as I don’t want a last minute mistake 
 

1. Cut & pasted a pdf starting with this paragraph : 

As a respondent I specifically make reference to the Simple Procedure Rules 2016 in so far as my understanding is that:

2. Inserted the paragraph as you said in #31 just above this line The court will be aware that penalty charges

This is now attached as pdf on the court response portal. 
I think I am good to submit but just double checking 

Also a CCA request was sent today  

thank you again 

 

ucm

 

[dx100uk]

looks all ok.

dont worry too much.

the clerk will contact you if there are any issues.

dx

[UsedCarMan]

Good afternoon 

Update from the Sheriff via the portal today. 

What do I post on here next?

I would assume just the body of the response only,  leaving out the header ?

thanks 

UCM
 

………..

[dx100uk]

his orders.

dx

 

[UsedCarMan]

Here is the order. 
……..
The respondent has indicated to the court that this claim will be disputed.

The sheriff has considered the claim form and the response form and has given the following orders:

The claimant is ordered to lodge and intimate the following no later than 19 April 2024:

• - signed Consumer Credit Agreement;
• - notice of assignation;
• - default notice issued by the original creditor; and
• - detailed statement of the account and how, with specific reference to additional interest added because of late / no payment, and any additional penalty fees or interest added, that has resulted in the balance now claimed.

Settlement and negotiation

The claimant and the respondent are encouraged to contact each other to seek to settle the case or to narrow the issues in dispute, before the case management discussion.

If the case is settled before the case management discussion date then the claimant must send an Additional Orders Application to the court immediately telling the court what should happen next in the case (for example, to cancel the case management discussion and dismiss the case)

Case management discussion

The sheriff would like to discuss this case with both parties. Both parties are therefore ordered to attend a case management discussion in the sheriff court.

The purpose of a case management discussion is to allow the sheriff to discuss the claim and response with both parties and to clarify any concerns which the sheriff has.

At the case management discussion, the sheriff will also discuss with both parties their attitudes to negotiation and alternative dispute resolution.

At the case management discussion, the sheriff may give both parties orders in person arranging a hearing at which the case will be considered and their dispute resolved.

The sheriff may make a decision at a case management discussion.

Date
Both parties are ordered to attend the case management discussion on 26 April 2024 at 10:00am by WebEx.

At the case management discussion, the sheriff expects both parties to be prepared to discuss the case and to have an open and constructive attitude to the possibility of negotiation or alternative dispute resolution.

Signed by: Sheriff 

……..

thanks

ucm

[dx100uk]

smart guy this Forfar Sheriff, 

i know Emma the clerk well...

seen off 2 nolans claims for people there.

good its webex too!

moved into the 22nd century at last.

[UsedCarMan]

Got a letter back from the Glasgow office collections agency saying they have received a request for a copy of the CCA.  They say they have raised this with Lowell and once received they will issue in post. 
 

I posted this to Lowell Leeds office. Just wondering how this has appeared there with them  

Also I note from their letter that the balance is higher than stated on the claim. 
 

thanks

UCM

[dx100uk]

eh?

3 hours ago, UsedCarMan said:

Glasgow office collections agency

thats weird.

scan up the letter

[UsedCarMan]

Letter as requested. 
 

weird indeed. 
 

UCM

 

2024-04-02 WalkerLove weve got your CCA request to lowells.pdf

[dx100uk]

obv i'm aware of walkerlove but more in their role whereby most Scottish court claims are delivered by hand, by sheriff officers.

though it's not unsurprising they have a DCA role, i was not aware not can i find, a link to the lowell group.

this is also the 1st scottish claim by lowells we've ever seen

so there we go.

 

[UsedCarMan]

Hello

email received from Shoosmiths today with evidence that they have lodged to court. Quite a few pages (over 100) attached to it. 

how do I attach and forward here ?
 

thanks 

UCM 

[dx100uk]

read upload CAREFULLY

one mass PDF if poss ONLY. use the stated websites

we dont need statements.

dx

 

[UsedCarMan]

Are these the important pages I need to upload ?

1.  pages 1-4 are court form 10a

2.  2 pages of the CCA agreement 

3.  Default notice from NewDay, 22/02/20

4.   Lowell letter stating they own debt ,     Dated 16/11/20

5. Unheaded letter also dated 16/11/20 from NewDay saying they assigned “all of the respective rights etc,”  to Lowell on 23/10/20

I make this 9 relevant pages from what I can see  

( all other pages are statements/default notes and lots of FCA info sheets)

just needing your confirmation in advance as I don’t want to send over pages that are not required

thank you 

UCM

 

 

 

[dx100uk]

dont need statements. nor std info sheets.

EVERTHING else 

dx

[UsedCarMan]

 

good morning. 

9 pages attached. 

thank you 

UCM

Claimants List of evidence + evidence.pdf

[dx100uk]

DN is ok

DCA NOA is ok, though not one from Newday saying they've sold it.

agreement states esigned on a sunday at 11am?? really?? 

but no typed names or tick box nor any IP address used.

if the date is correct then poss ok,

it that your correct address for that time of take out?

but if not, then that could simply be a copy of someone elses they've used with you details copy'n'pasted over theirs.

the agreement details separate T&C's in at least 8.4.

a full set of T&C containing your correct address for the time MUST be included.

failure renders the agreement unenforceable... have you the T&C's too?
dx

[UsedCarMan]

Address was correct at the time of take out

The time of esign is strange (at church on Sunday ) as is no the no name/tickbox/ip address etc. 

There are 2 pages of T&Cs but no name/address showing on them. These two pages show paragraphs which are not in order, different font and appear in landscape form. Looks different font to CCA pages and with no numbers/references on these pages

UCM