Hi Guys,

I have had a POC from Lowell from an old debt to HFC bank, this is coming to end end of its life, I have acknowledged the Claim and have send the CPR requests, and have send a CCA request to Lowell, none have been relpied to as yet,

now its been a while since ive doen this!

I need help on submitting my Defence, is it still an embarressed Defence?

Can i get a template on this?

thanks

This is the same battle i had with them years back

http://www.consumeractiongroup.co.uk/forum/showthread.php?208997-Restons-%28HFC-Bank%29-V-Myself-help-have-now-issued-a-CCC-HELP-!!!!!!/page2

Threads merged ? Is that ok bh?

Andy

Thanks Andy this is fine

If you could read and paste your responses here bh...lets get the ball rolling....

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**(3-Viewing)-nbsp

What is the issue date on the claim form and is the claim essentially the same as the last one they issued ?

Right Last one was from Restons Solicitors from HFC Direct, this one is from Lowell who are collecting the Debt.

POC ISSUED: 3 JULY 2014

CLAIMANT: lOWELL PORTFOLIO

ADDRESS FOR DOCS: BW LEGAL

The Claimants Claim is for the Sum of ******** being monies due from the defendant to the claimaint under a financial services agreement regulated by the credit consumer act 1974. between the defendant and the consumer.

under account ref: ************ and assigned to the claimant on ******** notice of which has been given to the defendant.

The defendant failed to maintain the contractural payment under the terms of the agreement and a default notice has been served and not complied with.

The claim also includes statutory interest persuant to the section 69 of the county courts act1984 at a rate of 8% per anum a daily rate of 0.26p from the date of assignment of the agreement to the date of the issue() being amount of *****

___________________________________________________________________________

So far

1. CPR REQUEST 31.14 sent on 8/7/14 To Solicitor

2. CCA request sent on 8/7/14 to Lowell

Reply Back from Solicitors on 16-7-14

Reads

our client is in receipt of your request for documentation under sections 77(1) and 78(1) of the credit consumer act,

we will seek to ensure that the information is provided witin 12 working days however this is contigent of receiving the documentation from the original creditor withing the formentioned timescale

_________________________________________________________________

You have received a claim form.

In order for us to help you we require the following information:-

Name of the Claimant ?

LOWELL Portfolio

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.

03-7-14

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total)

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down.

What is the value of the claim?

1409.18

Is the claim for a current or credit/loan account or mobile phone account?

Credit Loan

When did you enter into the original agreement before or after 2007?

before 2007

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.

assigned to Lowell from HFC

Were you aware the account had been assigned – did you receive a Notice of Assignment?

NO

Did you receive a Default Notice from the original creditor?

YES

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?

NO

Why did you cease payments:-

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?

What you need to do now.

Answer the questions above

If you have not already done so – send a CCA1974 request to the claimant

Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form. There are two different versions - one for Loans/Credit cards the other for Current accounts

Request 1 - Loans/Credit Cards

Request 2 - Current accounts

You may use a CPR part 18 request for any other information (not request documents) that you might require in order to defend yourself.

Please not that CPR 18 is specifically for Fast Track claims and although technically the claim has yet to be allocated to a track the claimant may refuse to comply for this reason.

If you require CPR Part 18 - this will need to be drafted specifically.

If you are not planning on defending for one reason or another – then you will need to complete an Income and Expenditure form and contact the Solicitor with your proposal. The N9a is already enclosed in the claim pack for Admittance which should be sent to the solicitor named on the claim form

If you are considering making a partial admittance N9b must be completed and returned to the court.

Please note in most cases a partial admittance will result in an automatic CCJ for the amount admitted.

Thread title amended in view of assignment/new claim

Thread title amended in view of assignment/new claim

Any ideas on how to file my defence guys?

Well you file it through MCOL...as with regards to its contents...you will have to exercise a little patience bh...you only posted details yesterday.

Have you viewed any other existing defences for similar claims?

Regards

Andy

Well you file it through MCOL...as with regards to its contents...you will have to exercise a little patience bh...you only posted details yesterday.

Have you viewed any other existing defences for similar claims?

 

Regards

 

Andy

Hi andy,

Yes I know that I have done this before the question I want to ask is do I file an embarrassed defence now??

You have 33 days in total to respond....19 to submit your AoS and a further 14 days to defend.Without reading the contents of your thread...as I have not had chance yet.... Im not sure what your defence is or what type of defence would be advocated.

You have 33 days in total to respond....19 to submit your AoS and a further 14 days to defend.Without reading the contents of your thread...as I have not had chance yet.... Im not sure what your defence is or what type of defence would be advocated.

Thanks Andy

Thanks Andy

Bump

Andy,

This is the Defence I want to Submit is this ok?

I think I do have original Default notice which is Defective though.

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/Solicitor has failed to disclose any original agreement or statements under a s78 request on which its claim relies upon and is therefore in default and is denied in requesting relief.

2. I am unaware of any Default Notice being served likewise any notice of legal assignment the claimant refers to within its particulars.

3. On receipt of this claim I requested information pertaining to this claim from BW Legal and Lowell Portfolio 1 Ltd by way of a CPR 31.14 and a section 78 request. To date, a response has been received on 05/07/14 from BW Legal which advised they will contact me within 12 days. No reply has been forthcoming since then.

Therefore with the court’s permission the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement; and

(b) show how the Claimant has reached the amount claimed for;

© show how the agreement was legally terminated to allow the claimant relief.

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

4. As per Civil Procedureicon Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed.

5. On the alternative, if 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 crediticon Act 1974.

6. 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.

Could you edit in your particulars above the defence bh please.

POC ISSUED: 3 JULY 2014

CLAIMANT: lOWELL PORTFOLIO

ADDRESS FOR DOCS: BW LEGAL

1.The Claimants Claim is for the Sum of ******** being monies due from the defendant to the claimant under a financial services agreement regulated by the credit consumer act 1974

2. between the defendant and the consumer under account ref: ************ and assigned to the claimant on ******** notice of which has been given to the defendant.

3.The defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with.

The claim also includes statutory interest persuant to the section 69 of the county courts act1984 at a rate of 8% per anum a daily rate of 0.26p from the date of assignment of the agreement to the date of the issue() being amount of *****

_________________________ _________________________ _________________________

So far

1. CPR REQUEST 31.14 sent on 8/7/14 To Solicitor

2. CCA Request sent on 8/7/14 to Lowell

Reply Back from Solicitors on 16-7-14

Reads

our client is in receipt of your request for documentation under sections 77(1) and 78(1) of the credit consumer act,

we will seek to ensure that the information is provided witin 12 working days however this is contigent of receiving the documentation from the original creditor withing the formentioned timescale

 

 

 

 

Andy,

 

This is the Defence I want to Submit is this ok?

I think I do have original Default notice which is Defective though.

 

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/Solicitor has failed to disclose any original agreement or statements under a s78 request on which its claim relies upon and is therefore in default and is denied in requesting relief.

 

2. I am unaware of any Default Notice being served likewise any notice of legal assignment the claimant refers to within its particulars.

 

3. On receipt of this claim I requested information pertaining to this claim from BW Legal and Lowell Portfolio 1 Ltd by way of a CPR 31.14 and a section 78 request. To date, a response has been received on 05/07/14 from BW Legal which advised they will contact me within 12 days. No reply has been forthcoming since then.

 

Therefore with the court’s permission the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement; and

 

(b) show how the Claimant has reached the amount claimed for;

 

© show how the agreement was legally terminated to allow the claimant relief.

 

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

4. As per Civil Procedureicon Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed.

 

5. On the alternative, if 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 crediticon Act 1974.

 

6. 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.

can anyone help on this please?

thanks

I have numbered/paragraphed the particulars above bh ...now look at their 1/2/3 and then at your 1/2/3 and see if they respond to their pleadings?

Regards

Andy

I have numbered/paragraphed the particulars above bh ...now look at their 1/2/3 and then at your 1/2/3 and see if they respond to their pleadings?

 

Regards

 

Andy

Thanks andy,

Just seen it, they still have not produced anything, I will file this defence do you agree I'll change it around Again

Do you think is ok?

Well do you think you have answered their pleadings...their point 2 is about assignments and yours point 2 is about default notices and assignments.

Their point 3 is about service of default notice and breach your point 3 is about CPR 31.14 and section 78:|

Hi Andy,

heres what im going to send

Particulars of Claim

1.The Claimants Claim is for the Sum of ******** being monies due from the defendant to the claimant under a financial services agreement regulated by the credit consumer act 1974

2. between the defendant and the consumer under account ref: ************ and assigned to the claimant on ******** notice of which has been given to the defendant.

3.The defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with.

The claim also includes statutory interest persuant to the section 69 of the county courts act1984 at a rate of 8% per anum a daily rate of 0.26p from the date of assignment of the agreement to the date of the issue() being amount of *****

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/Solicitor has failed to disclose any original agreement on which its claim relies upon and is therefore in default and is denied in requesting relief.

2. The Claimant/Solicitor has failed to disclose any notice of legal assignment the claimant refers to within its particulars.

3. I am unaware of any Default Notice being served likewise any notice of legal assignment the claimant refers to within its particulars.

4. On receipt of this claim I requested information pertaining to this claim from BW Legal and Lowell Portfolio 1 Ltd by way of a CPR 31.14 request. To date, a response has been received on 21/07/14 from BW Legal which advised they will contact me within 7 days. No reply has been forthcoming since then, also a request under section 78 was made and a reply from BW Legal and Lowell Portfolio 1 Ltd on 16/07/14 again said the documentation would be provided within 12 days, no reply has been forthcoming since then.

Therefore with the court’s permission the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement; and

(b) show how the Claimant has reached the amount claimed for;

© show how the agreement was legally terminated to allow the claimant relief.

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

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

5. On the alternative, if 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.

6. 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.

3. On receipt of this claim I requested information pertaining to this claim from BW Legal and Lowell Portfolio 1 Ltd by way of a CPR 31.14 and a section 78 request. To date, a response has been received on 05/07/14 from BW Legal which advised they will contact me within 12 days. No reply has been forthcoming since then.

Therefore with the court’s permission the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement; and

(b) show how the Claimant has reached the amount claimed for;

© show how the agreement was legally terminated to allow the claimant relief.

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

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

5. On the alternative, if 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.

6. 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.

I assume the second 3 onwards in red above you intend to remove? Still not happy with your 1/2/3...its like you are answering a different question.

To be perfectly honest Andy I am finding it very difficult, i can only try my best, a while back everyone on this forum was very helpful and helped out on the posts and helped each other, is it just be and you on here?

i will have another look at at it, i haven't got much time left now and i would like to submit.

I appreciate you getting involved on this, but need some guidance.