Lowell/Overdales Claimform - old Cap1 Debt

[Moomoo11]

 

after a lot o reading the following is my defence statement  as I understand it I need to respond to all points in the particulars  

Any help would be appreciated 

DEFENCE 

1) aa claim for money , the burden
of proof in any allegation to the amount of money claimed to be owed remains with the claimant . And be proved unless the defendant Denies it. I deny all allegations made by the claimant 
Therefore, the Claimant Is required to prove the allegation that the money is owed as claimed.
The Claimants particulars of case 
Does not give sufficient information to enable me to properly assess and defend the claim.


2)The Claimants particulars of claim states that the account was assigned from capital one to on 18/03/2021. I do not recall receiving notice of this assignment. A request for this has been under the consumer credit act to the claimant on17/05/2024 And I am awaiting a reply. 

3) Similarly to the above point I do not recall being served with a Default notice by capital one as required by s87 Consumer Credit Act 1974.
The Claimant is required to prove that a compliant Default Notice was served on the Defendant
And also required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and it is in a prescribed form 
A request under has been made to the claimant’s solicitor on 17/05:2024 under CPR 31:14 and I am waiting for a reply 



4) The consumer credit act also makes it incumbent upon the creditor to send regular statement of accounts to a debtor. Again I do not recall receiving these
A request for this information has also been made under CPR31:14 on 17/05/2024… and I am awaiting a reply

5) As no documents that have been requested from the claimant have yet been received by me I ask the court for more time to receive and inspect the documents and have the opportunity to mount a more thorough defence

 

 

 

[dx100uk]

why not use our default holding/no paperwork defence in 100's of recent card claimform threads here already?

not sure wherever you got that from but its not ours, not present day.

dx

 

On 16/05/2024 at 22:36, dx100uk said:

time to now start reading up.

Programmable Search Engine (google.com)

Clickme^^^

dx

 

 

[Moomoo11]

I didn’t get it from anywhere DX 

You asked me to do some reading and put something together which I did.

 I didn’t realise there was a default defence.  

Can I get a link to one please

Ok I found it …. Do I just copy and paste it in MCOL?

[dx100uk]

post it up here first for checking please

dx

 

[Moomoo11]

1. the claim is for sum of 1650£ due by the defendant under an agreement regulated by the consumer credit act 1974 for capital one account with an account reference of xxxx

2. the dependent failed to maintain contractual payments required by the agreement and a default notice was served under s87(1) of the consumer credit act 1973 which has not been complied with

3. the debt was legally assigned to the claimant on 18-03-21 notice of which has been given to defendant 

4. the claim incudes statutory interest under s69 of the county court act 184 at a rate of 8%per annum from the date of assignment to the date of issue of these proceedings in the sum of 132£

the claimant claims the sum of 1782£

defence.

The Defendant contends that the particulars of claim vague and are 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 complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1PAPDC.

2. The Claimant claims £xxxxxx is owed under a regulated consumer credit account under reference xxxxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.

3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments.

4. Paragraph 3 is denied. The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.

5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement; and
(b) show and evidence any cause of action and service of a Default Notice  pursuant to sec87(1) of the CCA1974; and
(c) show how the Defendant has reached the amount claimed for; and
(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. 

7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.

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

Should the amount be the figure in the particulars or the final figure with the added fees

 

[dx100uk]

On 16/05/2024 at 11:32, Moomoo11 said:

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Not sure  received a letter on 24 march stating Letter of claim- you have 30 days to prevent legal action

defence filing date: 7th june

[Moomoo11]

The letter received on the 24 is the papdc???    So I should delete that paragraph from defence ??

[AndyOrch]

1 hour ago, Moomoo11 said:

(c) show how the Defendant has reached the amount claimed for; and

Claimant

[Moomoo11]

And the amount?   Is that the amount on the particulars or the final amount with fees added?

[AndyOrch]

What does is say on the claim form ? Irrelevant to your defence.

[Moomoo11]

Well the mere is the actual figure stated on the particulars and there’s total  figure with fees added

[AndyOrch]

Debt + Interest + Sol fee + Claim Issue fee = total

[Moomoo11]

Ok. Thanx Andy 

do I just copy and paste onto MCOL?

[AndyOrch]

[Moomoo11]

Does Mcol not work in the evenings?

[dx100uk]

  

On 16/05/2024 at 12:55, dx100uk said:

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]

doesnt usually have issues weekdays.

dx

 

[Moomoo11]

Was on there earlier… saw that they had received the acknowledgment but now it won’t let me logon 

[dx100uk]

leave it alone

nothing more you need to do there till you get your DQ N180 and thats just to check the court did send it out to you .

you'll find lowell will try and frighten you by spoofing they are filing theirs early when the court has not even sent them out yet, inviting you wet yourself and give in.

dx

 

[Moomoo11]

I thought I needed to submit the defence. I know I got time. 
 

can you explain further. What does it mean for them to file early? And why would that frighten me
 

can you explain

[dx100uk]

no you need to get reading up.....

everything is explained time and again in the threads i linked you too.

sorry i thought you'd filed your defence?

doesnt matter, try in daylight hours each day , a couple of times.

you've weeks there is no rush at all. to file it.

5 hours ago, dx100uk said:

defence filing date: 7th june

 

6 hours ago, Moomoo11 said:

1. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1PAPDC.

 

6 hours ago, dx100uk said:

 received a letter on 24 march stating Letter of claim- you have 30 days to prevent legal action

if you did .....ideally you need to remove para 1 from your defence then.

[London1971]

18 hours ago, dx100uk said:

leave it alone

nothing more you need to do there till you get your DQ N180 and thats just to check the court did send it out to you .

you'll find lowell will try and frighten you by spoofing they are filing theirs early when the court has not even sent them out yet, inviting you wet yourself and give in.

dx

 

Can confirm this is exactly what they did to me, 3 weeks before I actually received it from the court.  Also they will gaslight you by producing letters that were never sent. 

[Moomoo11]

Oh so they invent documents ?

so for example if they invented a default notice will the courts ask them to prove it’s been served by way of proof of postage or will the courts just take their word for it?

[dx100uk]

2 hours ago, Moomoo11 said:

Oh so they invent documents ?

obviously you've not been reading lowell claimform threads yet here then....

a DN is not 'served' by the original creditor. just by post .

any claimant will have to prove one was sent in writing in their WS.

 

[Moomoo11]

I have been doing a lot of reading but the intricacies of legalities is not always obvious to someone like me  and it’s a lot to take in for someone new to this

how else is it served? 

by that it seems you are saying that they will need proof of postage or will a judge accept that on the balance of probabilities a large company will likely to have sent it? 

 

[dx100uk]

in law...served means P2P. 

a DN is not 'served' it's sent by surface POST by the original creditor.

no they dont need proof of posting, only some record from the OC one was sent within account data, typically the comms log.