Carter/Lowell - Claimform - Creation Finance 'debt'***Claim Discontinued***

[GoonerJames]

You need to send out your requests as soon as possible, no need to wait until after you have acknowledged the claim. Solicitors/claimants are notoriously slow at responding to these requests (if they even do respond) and you really need to know before you submit a defence if you are going to have documents to hand or not.

 

By the time they have received and read your CPR request, it is likely you would have acknowledged the claim anyway

 

Thanks Citizen.

If i could bother you with a question around the CPR form?

 

A part of it states "Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored" which says delete if needed.

I take it, this references to me sending them (Lowell) a CCA request before? If so could i add this in as i did ask for the CCA agreement to be sent to me back in 2009 which they confirmed in writing that they were unable to obtain.

 

I will be sending them these letters tomorrow morning recorded delivery

[Andyorch]

I personally would remove that paragraph and just send a fresh request...you can use their previous non compliance later in proceedings.

 

Andy

[GoonerJames]

I personally would remove that paragraph and just send a fresh request...you can use their previous non compliance later in proceedings.

 

Andy

 

Morning everyone,

 

Just to update. I have acknowledged the claim via the MoneyClaim website. So fingers crossed i have completed that correctly.

 

I have sent off the CCA and CPR on Thursday. However i've remembered i made a mistake when sent off the CPR and that was forgetting to remove the paragraph that you mentioned Andy. Sorry i was having a right mare. Should i send them another CPR with the paragraph removed?

[GoonerJames]

Good evening,

 

I received a letter from Bryan Carter today which i assume is a standard letter they send out.

 

It says

 

We write further to your letter dated 8th October 2014 requesting disclosure under Part 31 of the Civil Procedure Rules.

 

We confirm the Claim Form was issued by the Northampton County Court Business Centre and that the Courts Protocol was followed when issuing the Claimants Particulars of Claims. Practice Direct 7C point 1.4 (3A) eliminates the requirement to attach the documents to the particulars of claim when they are issued by this Court.

 

We confirm this matter will most properly be allocated to the small claims track as this is a simple contractual matter and Part 32 of the Civil Procedure Ruled will there not apply

 

It is the original creditors policy to issue agreements at the start of the contract and statements throughout the duration of the agreement and, in this regard, we ask you refer to your own records.

 

As you will be aware a Claim was issued in this matter on 2nd October 2014. We confirm we are not in receipt of your acknowledgement of service.

 

We recommend you seek independent legal advice

 

 

Couple of questions if i may ask?

1. Do i need to do anything in response to this letter?

2. CCA has been sent to Lowell but no response as of yet. Does the days start counting from the day they signed for?

 

Many thanks

[Old Cogger]

usual template response

[dx100uk]

whatever they do DONT you miss the 21st file date.

 

 

dx

[GoonerJames]

whatever they do DONT you miss the 21st file date.

 

 

dx

 

Hi DX,

 

When you see don't miss the 21st file date.

 

 

do you mean that is the date for me to acknowledge? If so i done the acknowledgement on the 12th Oct and this was received on the 13th Oct.

 

I have attached a screen shot of the information of that if you could look to ensure that is fine?

 

But if you mean i need to get the defence in by the 21st

 

 

then i will need to get my skates on as im on holiday from Monday for 4 days so wont be around for a few days.

[dx100uk]

defence

so yes file before you go then.

 

 

you really should be carefully aware of these dates .

 

 

dx

[GoonerJames]

defence

so yes file before you go then.

 

 

you really should be carefully aware of these dates .

 

 

dx

 

Looking at other peoples cases and from looking at the sticky I thought I had around 33 days in totals to file a defence.

 

This is all confusing. I will get onto this today. now I'm worried this defence I put in wont be right.

[Alloyz1]

Morning All

 

I may be wrong so correct me if you need to, I thought the defendant had 33 days to file the defence, including date of service i.e. service 3rd Oct, AoS by 21st Oct, defence submitted by 4th Nov?

 

Again just trying to help so shoot me down if needed

 

A

[Andyorch]

No you are correct Alloyz...my initial reference to 21st Oct was for acknowledgement of Service not defence that is the 4th Nov......DX ?

 

Regards

 

Andy

[dx100uk]

i'll put my fingers away then.

 

 

the mrs was in bed so I couldn't use her's.

 

 

dx

[Andyorch]

[GoonerJames]

Thanks for clearing that one up I was a bit worried initially as i did think i had 33 days in total.

 

I will start working the defence soon as im back next Friday

[GoonerJames]

Good evening,

 

I have put together a draft up of my defence. I really didn't know where to start with this so had a look at a few of the others people have.

If someone could have a look over this for me that would be much appreciated.

 

Particulars of Claim

 

1. The claimant claim is for the sum of £2011.49 being monies due from the defendant to the claimant under an agreement regulated by the Consumer Credit Act 1974 between the defendant and Creation Consumer Finance.

 

2. The debt was assigned to Lowell Portfolio Ltd on 04/12/2007 notice of which has been given to the defendant

 

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

 

 

Defence

 

1. I the defendant neither admit or deny and have no recollection of any agreement.

 

2. I the defendant is denied I have no recollection of the debt to be assigned/purchased.

 

3. I the defendant is denied I have no recollection of any agreement with Creation Consumer Finance.

 

4. On the 10/10/2014 the defendant made a request to Lowell Portfolio under the consumer credit Act 1974, sections 78, to see a copy of any credit agreement and a statement of account. To date they have not supplied me a copy of the agreement or a statement of account as required by law .

 

5. On the 10/10/2014 I requested information pertaining to this claim by way of a CPR 31.14 request to Bryan Carter Solicitors LLP. The claimant has declined to supply me with this information and also declined an extension for me to file my defence.

 

6. 5. The particulars of claim are vague and unsubstantiated 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 or contract with the Claimant; and

b. show how the Defendant has reached the amount claimed for and

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

 

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, 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.

 

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.

 

 

 

Is this ok? Do i need to sign it off with anything like i believe this defence to be true and sign etc?

[Andyorch]

Claimants point 3.......

 

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

 

Your response point 3......

 

3.I the defendant is denied I have no recollection of any agreement with Creation Consumer Finance.

 

[GoonerJames]

Claimants point 3.......

 

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

 

Your response point 3......

 

3.I the defendant is denied I have no recollection of any agreement with Creation Consumer Finance.

 

 

Sorry about that.

 

Should I reply with...

 

 

I the Defendant is denied I have no recollection of being served with a default notice.

 

Would something like that be ok?

[Andyorch]

Particulars of Claim

 

1. The claimant claim is for the sum of £2011.49 being monies due from the defendant to the claimant under an agreement regulated by the consumer crediticon Act 1974 between the defendant and Creation Consumer Finance.

 

2. The debt was assigned to Lowell Portfolio Ltd on 04/12/2007 notice of which has been given to the defendant

 

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

 

 

Defence

 

1. Paragraph 1 is denied It is neither admit or deny and have no recollection of any agreement.

 

2. Paragraph 2 is denied I have no recollection of the debt to be assigned/purchased.

 

3. Paragraph 3 is denied I do not recall ever receiving a Default Notice or Notice of Sums in Arrears since any alleged assignment.

 

4. On the 10/10/2014 the defendant made a request to Lowell Portfolio under the consumer credit Act 1974, sections 78, to see a copy of any credit agreement and a statement of account. To date they have not supplied me a copy of the agreement or a statement of account as required by law .

 

5. On the 10/10/2014 I requested information pertaining to this claim by way of a CPR 31.14 request to Bryan Carter Solicitors LLP. The claimant has declined to supply me with this information and also declined an extension for me to file my defence.

 

6. 5. The particulars of claim are vague and unsubstantiated 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 or contract with the Claimant; and

b. Show or evidence any default notice or service of notice of sums in arrears;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

 

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, 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.

 

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.

[GoonerJames]

Thank you ever so much for doing that for me Andy

 

When i put my defence in on the MCOL site. Do i need to copy in the "Particulars of Claim" part as well?

Also will it be ok for me to put in my defence say tomorrow?

[Andyorch]

Thank you ever so much for doing that for me Andy

 

When i put my defence in on the MCOL site. Do i need to copy in the "Particulars of Claim" part as well? No

Also will it be ok for me to put in my defence say tomorrow?

Yes

 

Regards

 

Andy

[GoonerJames]

Yes

 

Regards

 

Andy

 

Thanks Andy, you have been a treasure.

[havinastella]

Did you ever find out when the last payment was??

 

A Stat Barred defence would suit you better although Andy has batted BC off on more than one occasion

[Andyorch]

You missed the hundred off one:lol: there Stella

[GoonerJames]

Did you ever find out when the last payment was??

 

A Stat Barred defence would suit you better although Andy has batted BC off on more than one occasion

 

I was never able to find out for sure whether i did acutally make a payment to them (Lowells) or not.

It would have been a case of me having a guess at when i thought i may have made a payment to them and paying my bank £5 for a bank statement and even then they said i would be waiting 1014 working days for the bank statement.

[dx100uk]

go get all the statements for £10 under an SAR

 

 

dx