Had a letter from Lowells sols today saying they are Discontinuing the Claim. They enclose a copy of their Notice of Discontinuance. This brings their Legal Proceedings to an end. Just like to say thank you to DX100Uk and Andyorch again for their help on this case.

Thought so, so are they just trying to get me to pay a nominal amount each month by sending a Tomlin Order, because they will not be willing to pursue this finally through to court, I mean they have probably purchased the debt for 10 or 20p in the pound, so is it worth it for them to pay a barrister etc to take it to court?

The agreement is from November 2008, will it still show on my credit file? i thought the credit files only went back 5 years. I dont remember a default notice but they say they sent one, i do not have a copy, but that doesent mean i didnt get one back in 4/7/2009 as that is when their records say it was sent. The same with the Notice of assignment they have sent me a copy saying it was sent 15/12/2016.

Not sure what you mean, DX100K "give us something before we have to throw the towel in" , and what information do you need from the credit reference file Andy? I dont know what i am looking for.

Hello, I have now received a Tomlin Order draft from Lowells, and they have also sent a blurred one page copy of a Credit Agreement that does have my signature on, curiously it has an agreement number on it but not the credit card number, it is difficult nigh impossible to read it. They have also sent a standard default notice copy with no details on, and a copy of a letter for the Notice of Assignment. They say I have 14 days to respond. Just dont know what to do, can anyone give me some advice. I dont know if I do nothing that they may continue to take this to court and pay the fee by the 16th July. Regards xxx

It says all witness statements and documents that are to be relied upon for the hearing should be sent to the court 14 days before the case hearing, and also sent to the other party. So that needs to be done by 30th July, if they have paid the fee to proceed to the hearing, by the 16th July.

The standard credit card defence which I got off here. Defence 1. 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. 2. Paragraph 1 is noted and it is accepted insofar that I have once held a contractual relationship with(Insert original creditor). I do not recollect the details nor am I aware of any outstanding balance that the claimant refers to and have therefore sought clarity from the claimant given that that they are the assignee of this alleged debt and have very little knowledge of what they are claiming and do not appear to be able to disclose any further details by way of CPR 31.14. 3. Paragraph 2 is denied I have never received any Default Notice from the original creditor nor the claimant 4. Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served over x months ago. 5. On the xxxxxxxxx ( sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. The claimant has failed to date to respond to the CPR and remains in default of the section 78 request. 6. 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 the nature of the breach and service of a valid default notice; © 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; 7. 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 8. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 9. 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. 10. 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. Alternative finish…. 10. On the xxxxxxxx I made a legal request by way of a CPR 31.14 request and a Section 78 request to the Claimant. The Claimant has failed to comply and therefore is in default of this request and as such is not entitled to to enforce the agreement or request any relief until such compliance. 11. By reason of the facts and matters set out above, the claimants claim is denied.

Name of the Claimant ? Lowell Portfolio 17/10/18 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) - Particulars of Claim The Defendant entered into an agreement for a Bank of Scotland (Credit card) under ref XXXX XXXX XXXX XXXX. The defendant failed to maintain the required payments and the service was terminated. The agreement was later assigned to the Claimant on 24/11/2016 by BoS PLC and notice given to the defendant. Despite repeated requests for payment, the sum of £3400 remains due and outstanding And the claimant claims The said sum of £3400 and costs. What is the claim for – the reason they have issued the claim? Unpaid credit card. 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? Yes Did you inform the claimant of your change of address? Yes What is the total value of the claim? £3,750 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 ? November 2008 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. Account assigned from BoS to Lowel Portfolio Were you aware the account had been assigned – did you receive a Notice of Assignment? Allegedly 15/12/2016. Did you receive a Default Notice from the original creditor? Allegedly 4/7/2009 Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Dont Know Why did you cease payments? Financial difficulties What was the date of your last payment? I had an agreement to pay £1 pm, but stopped paying in 2015 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? Yes I had an agreement to pay £1 pm

I received a County Court summons 17 October 18, for a debt from BoS credit card the particulars of claim are as follows 1.The Defendant entered into an agreement for a Bank of Scotland (Credit card) under ref XXXX XXXX XXXX XXXX. 2.The defendant failed to maintain the required payments and the service was terminated. 3. The agreement was later assigned to the Claimant on 24/11/2016 by BoS PLC and notice given to the defendant. 4.Despite repeated requests for payment, the sum of £3400 remains due and outstanding And the claimant claims The said sum of £3400 and costs. After i received this I sent a section 77 79 request for my credit agreement dated 29th October 2018 , which I have not received, I only received an acknowledgement and nothing else. On the same day I also sent a cpr 31.14 letter to them as well. I notified the court of my intention to defend the case. I filed my defence on 8/11/18 I have since received an offer of mediation which i refused. The court has now notified me on the 14th February 2019, that the case will be heard in court in August 2019 It says that 1.Unless the claimant does by 4:00pm on the day of 16th July 2019 pay to the court the trial fee of £355 or file a properly completed application for help with fees, then the claim will be struck out with effect from 16th July 2019 without further order and , unless the court orders otherwise, you will be liable for the costs which the defendant has incurred. what should I do now, wait to see if they pay the trial costs on 16th July? Then start preparing my defence. Or should I be doing anything else. They havent even sent me the credit file or credit agreement, or responded to my cpr request. Not sure what to do, I cannot remember when the credit card was originally taken out, a nd there is no dates on any of the forms saying when it was taken out, just that it was assigned to Lowell in 2016. What is the best course of action?

Ok i have read the summary judgement info, is this something that happens a lot, because i have not come across this before, should i be worried. Doesent look like there is anything i can do, i have submitted my defence, what else can i do?

what is summary judgment, can they they just get a judgment against me without a hearing

I have received a letter dated 22nd Jauary from Restons, with a copy of CCA agreement or a copy , and a template default notice, no signatures just standard copies, they say this is sufficient to prove my knowledge of the account. They say i need to withdraw my Defence by completing Form N9A within 14 days. This is my last opportunity before " an application is made to lift the stay on these proceedings, to strike out the Defence and to enter Judgment against you for the full amount plus legal costs" Can they do this, this is the first i have heard from them since August 21018, surely there are time limits, I am worried they will enter Judgment against me as they say, can they do this. Please help, as i thought this was over. Regards x

I have received a letter from Restons the solicitors, they say they written to me on 3 july, regarding my defence, but it went to my old address, somehow MCOL still had my old address on their system, so they sent it there, I changed it as soon as i became aware of the old address being on the MCOL site. Obviously i never received the letter so they have sent me a copy, after checking my correct address again, this new letter is dated 24th August. B asically it says they reject my template defence and say they have sent all relevant docs to me in response to my s75/77 request etc etc, and they have asked me to respond to them in 14 days, they say my defence has no real chance of success and have asked me to complete a form N9A to withdraw the defence, or submit reasonable settlement proposals to them. Should i reply or is this matter now completed according to the courts. The fact that MCOL had my old address, but I changed it as soon as i realised, will this go against me, they sent the original court summons to my correct address, and they had my email address but didnt query the different address untill the letter was returned to them. I dont know what to do, as I was under the impression this was now completed, as i didnt hear anything from them. Please help. Kind regards.

Hello, I put my defence in on the 3rd June which the MCOL site says it was received, but I havent heard anything since, do I just keep waiting or is there a time limit? Regards J

Oh yes meant to put that in, but if they come back I can add it in like you say.

Defence Filed, Thanks very much Andy, Much appreciated your quick response.

Here is my Defence, as they have replied to my CPR request and responded to my section 78 request I have had to acknowledge this, hope is sounds ok. Can you let me know if it needs changing, I have to send it today or tomorrow. Defence 1. 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. 2. It is noted and it is accepted insofar that I have once held a contractual relationship with CitiFinancial. I do not recollect the details nor am I aware of any outstanding balance that the claimant refers to and have therefore sought clarity from the claimant given that that they are the assignee of this alleged debt and have very little knowledge of what they are claiming and do not appear to be able to disclose any further details by way of CPR 31.14. 3. With regard to a Default Balance of £3199.87 this is denied as I have never received any Default Notice from the original creditor nor the claimant. 4. The Notice of Assigment is denied I am unaware of any legal assignment or Notice of Assignment allegedly served over 9 years ago. 5. On the 14th May 2018 ( sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request was also sent on the 4th December 2017. The claimant has responded to my CPR request advising they are not under any obligation to provide any documentation. The response from my Section 78 request was a copy of the terms and conditions and not a copy of a credit agreement. 6. 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 the nature of the breach and service of a valid default notice; © 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; 7. 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 8. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 9. 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. 10. 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. 11. On the 14th May 2018 I made a legal request by way of a CPR 31.14 request and a Section 78 request made on the 4th December 2017 to the Claimant. The Claimant has failed to comply and therefore is in default of this request and as such is not entitled to enforce the agreement or request any relief until such compliance. 12. By reason of the facts and matters set out above, the claimants claim is denied.

so no need to reply to it. Just file a defence.

Thank you i will look at that, but just had todays post and i have received a letter from Restons in reply to my cpr request. They say they are under no legal obligation to provide me with a copy of the original agreement as they are unaware of any valid request request under section 77-79 of the cca being made to the creditor and the appropriate fee being paid. (I have done this and had a reply from Cabot and Restons on this so i am confused) The letter then goes on to say I have had regular statements so I knew what was going on etc. It also says it is their understanding that a Default Notice was issued and they note that i do not deny this. And i should visit my personal records for this information. (As far as I can recall I have not agreed that i have had a Default notice, and dont have one in my possession) They go on to say their only obligation is to serve a Notice of Assignment which they believe they have done. pursuant to Section 136 Law property Act 1925, Furthermore i do not appear to dispute having received a Notice of Assignment. ( I have never been asked if I have received one, and i dont have one in my possession) It then just says Legal proceedings have been issued and will not be withdrawn etc. Is it worth replying to this or should I just concentrate on filing a defence. Thank You

I have had nothing from the claimant since the claim came through, but I understand that i still have to file a defence, so I am trying to construct one, so if i take out the things about (b) which is applicable to overdrafts only and about not having a copy of my signature, but they havent produced an agreement with my signature on, so do I mention that?

Any ideas about my Defence draft as i have to have it in by 4th June and no one has responded to my first draft yet. Don't know if it is on the right track or not, any help from knowledgeable guys would help me.

Here is my first draft of my defence, I have had a go, dont know if this is adequate or worded correctly, please advise accordingly, I am basing it on the fact the cca copy they sent me does not have my signature and is just a copy of the terms and conditions with my name and addreess on, they have not sent me a notice of assignment or not that i can remember, they have not followed pre action protocol and they have not yet responded to my cpr request. Particulars of Claim. DATE ITEM VALUE 17/8/2017 Default Balance £3199.878 Post Refrl Credit NIL The claimant claims payment of the overdue balance due from the Defendant(s) under a Citifinancial branded credit facility issued pursuant to a contract agreed by the Defendant(s) on or about Nov 23 2007 and assigned to the claimant on Sep 02 2010 PARTICULARS a/c no 00054xxxxxxxxxxxxxx Total 3199.87 No Letter of assignment dated sept 02 2010 No firm date of when credit card issued, "on or about 23rd Nov 2007" CCA request no signature on cca. Reconstituted agreement No response to cpr 31.14 issued on 14may 2018. No Pre protocol letter received Defence The Defendant contends that the particulars of the 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. It is admitted with regards to the Defendant once having had a credit facility with the original creditor citi Financial. However, the Defendant is unable to say what specific date the contract was entered into, neither it appears can the Claimant, as in the particulars of claim they state that the contract was on or about Nov 23 2007. The claimant is therefore put to strict proof to clarify its claim. Irrespective it is denied that I am indebted for the alleged balance claimed. I am not aware of ever receiving any Notice of Assignment pursuant to the Law of Property Act 1925. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon. On receipt of the money claim form from the Claimant, I requested under section 78 of the Consumer Credit Act a copy of the credit agreement, they subsequently sent me a reconstituted copy of terms and conditions dated 30 04 2007. There is no signature on the terms and conditions and I understand this makes it unenforceable in court under the terms of the 1974 Consumer Credit Act. On receipt of this claim i requested further information to clarify the alleged debt by way of a CPR 31.14 requested 14th May 2018. The claimant has refused to comply with this request. The Claimant has not complied with Pre Action Protocol and the Defendant has not received any correspondence that complies with Pre Action Protocol before this legal claim was undertook. Therefore the claimant is put to strict proof to:-. (a) Provide a copy of the credit agreement that complies with section 78 of the Consumer Credit Act 1974, along with the Terms and conditions at inception that this claim is based on. (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Default/Demand /Recall Notice and Notice of Assignment. © Show how they have complied with Pre Action Protocol .

Thanks, is there any threads you reccomend, or places to start, I have read some threads but there are too many to sift through, I need to put a defence to say the credit agreement they sent me is not signed i think, and they have not followed the pre protocols that have recently been introduced. Havent got a clue where to start.

Thanks for your reply, the case has already gone to court, and I have to put in my defence by 4th June, but not had a reply to the CPR request yet, and dont jnow where to start with the defence or how to write one, any help gratefully received.

Thanks I have sent my CPR request by recorded delivery on the 14th May. So now i have to compile my defence and send it to the court by 4th June. So how do I actually do this?