Lowell/carter claimform NEXT cat 'debt'

[leyley]

Name of the Claimant ? Lowell with Bryan Carter as solicitor

Date of issue – . 10 Sep 2014

What is the claim for –

 

The claimants claim is for the sum of £2305

being monies due from the defendant to the claimant under an agreement

regulated by the consumer credit act 1974

between the defendant and Next under account reference xxxxxx and

assigned to the claimant on 1/11/2013 notice of which has been given to the defendant.

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.

The claim includes statutory interest pursuant to s.69 of the county court act 1984

at a rate of 8% per annum (a daily rate of 0.51) from the date of the assignment of the agreement

to date but limited to a maximum of one year amounting to £22

What is the value of the claim? £2512

 

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

When did you enter into the original agreement before or after 2007? before 2004

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. debt purchaser Lowell

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

Did you receive a Default Notice from the original creditor?

a default has been registered on credit file but I have no default notice in all my paperwork and don't remember receiving one

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? no but Lowell wouldn't be due to send one until nov

Why did you cease payments:-

everything got out of hand financially and was on a dmp

but then lost my job and couldn't carry on payments

 

Was there a dispute with the original creditor that remains unresolved? no

Did you communicate any financial problems to the original credito

r and make any attempt to enter into a debt management plan?yes

 

I hadn't done a cca request had written on and was planning to post today because I thought they would agree to the extension oh how stupid am I.

 

I sent a CPR31.14 request to Bryan Carter on 2/10/2014 along CPR 15.5 request for an extension they received it on 3/10/2014

 

Yesterday 8/10/2014 I received a letter from Bryan Carter stating that as the case would be allocated to small claims tract

part 31 does not apply and the original credit would have already sent the documents. They also refused the extension

 

I need to submit a defence by sunday

I did not sign an agreement with next

I just order some clothes and ended up with an account

this was in either oct/nov of 2004

 

 

is there anywhere I can find some help to put a defence together

for example how to word it as my defence

is that i didnt sign an agreement and i havent recieved a default notice.

 

Also should I put something in the defence about the fact they refused my cpr request?

 

thank you all for taking the time to help

Edited October 9, 2014 by citizenB

[citizenB]

leyley,

 

I have merged both threads for you, especially as you had received a response to this one. I have changed the title of your thread and will pop the completed FAQ in your first post..

[citizenB]

Can you please confirm that you have acknowledged the claim ?

[citizenB]

I will ask one of the other site team members to pop in and help you with a defence - it might not be until tomorrow.. so don't panic if you don't see any response this evening.

 

[citizenB]

This is a defence written for a Shop Direct Catalogue claim. Have a read of it and see if it can be amended to suit your circumstances -

 

 

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.The claim is denied with regards to an amount due under an agreement.The Claimant/Solicitor has refused to disclose any agreement or statements on which its claim relies upon.

 

3. I am unaware of any legal assignment the claimant refers to within its particulars . I have no knowledge of who the claimant is nor ever been approached since the alleged assignment up until receipt if this claim.

 

On receipt of this claim I requested information pertaining to this claim from BW legal and Lowell's by way of a CPR 31.14 and a section 78 request.BW Legal response was that they wont comply and that its based on a simple contract which I should have in possession

 

Therefore with the courts permission the Claimant is put to strict proof to:

 

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

 

(b) show and disclose 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.

 

 

Edit to suit and once you are happy with its content copy and paste into MCOL...print your receipt as proof of submission.

 

Regards

 

Andy

[leyley]

hi yes Ive done AOS thanks for the help with everything citizenB

[dx100uk]

ignore the cpr buff off - usual crap

 

 

you've sent the CCA and carter has not responded

 

 

when did you openthe account?

 

 

dx

[havinastella]

ignore the cpr buff off - usual crap

 

 

you've sent the CCA and carter has not responded

 

 

when did you openthe account?

 

 

dx

 

 

When did you enter into the original agreement before or after 2007? before 2004

 

[leyley]

I opened the account in 2004 it was done online

 

 

I never did send the cca request because I was worried if they got the request along with the cpr request they wouldn't grant the extension I figured once they had granted the extension (stupid me for thinking they would be fair and do that) I could then send the cca request. Should I still send it now???

 

 

sorry its a real mess thank you for all the help

[Andyorch]

I opened the account in 2004 it was done online

 

 

I never did send the cca request because I was worried if they got the request along with the cpr request they wouldn't grant the extension I figured once they had granted the extension (stupid me for thinking they would be fair and do that) I could then send the cca request. Should I still send it now???

 

 

sorry its a real mess thank you for all the help

 

Yes you should.

[leyley]

will get the request sent off thanks

[Andyorch]

If this is your first contact with them (claimant) head your request " I do not acknowledge any debt with your company "

[leyley]

Ok so started trying to put my defence together so as follow my defence so far ive put questions I have in bold

 

Here is what was in the Particulars of Claim

 

1.The claimants claim is for the sum of £2305 being monies due from the defendant to the claimant under an agreement regulated by the consumer credit act 1974 between the defendant and Next under account reference xxxxxx

 

2. And assigned to the claimant on 1/11/2013 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.

 

The claim includes statutory interest pursuant to s.69 of the county court act 1984 at a rate of 8% per annum (a daily rate of 0.51) from the date of the assignment of the agreement to date but limited to a maximum of one year amounting to £22

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.

Im assuming I can use this as the only real information ive got is the amount they want and the date the debt was sold to Lowell they mention an agreement but no dates to that and they mention a default but once again not dates so am I right that I can say this is vague?

2.The claim is denied with regards to an amount due under an agreement.The Claimant/Solicitor has refused to disclose any agreement or statements on which its claim relies upon.

 

On receipt of this claim I requested information pertaining to this claim from Bryan Carter by way of a CPR 31.14. Bryan Carters response was that they wont comply and that its based on a simple contract which I should have in possession.

Should I put in the dates the letters were sent and received here? Should I also mention that with the CPR 31.14 request I also made a CPR 15.5 request which was also denied?

Therefore with the courts permission the Claimant is put to strict proof to:

 

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

 

(b) show and disclose 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;

 

 

Am I correct in thinking that c is in regards of a default notice? which I have no knowledge of other that the fact they put a default on my credit file.

Not sure I should include d as I did receive letters about them selling the debt to Lowell should it be kept in my defence?

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

Edited October 10, 2014 by leyley
added POC Particulars now numbered for response.

[Andyorch]

Particulars now numbered for reference defence

[leyley]

If this is your first contact with them (claimant) head your request " I do not acknowledge any debt with your company "

 

They bought the debt in 2013 and have sent many letters but ive never actual spoke written or paid anything to Lowell about the debt but I did get the letters about them buying the debt when they got it.

[Andyorch]

They bought the debt in 2013 and have sent many letters but ive never actual spoke written or paid anything to Lowell about the debt but I did get the letters about them buying the debt when they got it.

 

Use the heading then

[leyley]

Particulars now numbered for reference defence

 

sorry for sounding thick but what do you mean

 

 

will use the heading on my cca request

[Andyorch]

You cant submit a defence without the particulars being numbered and paragraphed...hence the numbering so that your response makes sense.

[leyley]

should I add to my defence about the the cpr31 request something along the follow

as the claim was not at that time allocated to a specific track the provisions of CPR 27(2) were of no effect?

[leyley]

Ok so think ill enter my defence today as tomorrow is the last day I can

 

POC

1.The claimants claim is for the sum of £2305 being monies due from the defendant to the claimant under an agreement regulated by the consumer credit act 1974 between the defendant and Next under account reference xxxxxx

 

2. And assigned to the claimant on 1/11/2013 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.

 

The claim includes statutory interest pursuant to s.69 of the county court act 1984 at a rate of 8% per annum (a daily rate of 0.51) from the date of the assignment of the agreement to date but limited to a maximum of one year amounting to £22

 

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.The claim is denied with regards to an amount due under an agreement.The Claimant/Solicitor has refused to disclose any agreement or statements on which its claim relies upon.

 

On receipt of this claim I requested information pertaining to this claim from Bryan Carter by way of a CPR 31.14 on the 2/10/14. Bryan Carters response was that they wont comply and that its based on a simple contract which I should have in possession.

 

Therefore with the courts permission the Claimant is put to strict proof to:

 

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

 

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

 

© show how the agreement was breached and evidenced to allow the claimant relief.

 

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

 

4.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.

 

 

Any advice on the above would be much appreciated

thanks

Edited October 11, 2014 by leyley

[Andyorch]

Hi Leyley responding to your PM.

 

You need to address their points 2 & 3 Assignment and Default...remember anything you dont deny is acceptance as an admittance.

 

All defences should end with " 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." as your final closing point.

 

Regards

 

Andy

[leyley]

ok thanks andy I don't have any default notice so ill add about that but I did receive a letter about the assignment so is it best to just leave it out or should I acknowledge that I got that?

[Andyorch]

ok thanks andy I don't have any default notice so ill add about that but I did receive a letter about the assignment so is it best to just leave it out or should I acknowledge that I got that?

 

Your opening paragraph will cover assignment but you should state that no Default was ever received you have already put them to proof re the default at C)

[leyley]

POC

1.The claimants claim is for the sum of £2305 being monies due from the defendant to the claimant under an agreement regulated by the consumer credit act 1974 between the defendant and Next under account reference xxxxxx

 

2. And assigned to the claimant on 1/11/2013 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.

 

The claim includes statutory interest pursuant to s.69 of the county court act 1984 at a rate of 8% per annum (a daily rate of 0.51) from the date of the assignment of the agreement to date but limited to a maximum of one year amounting to £22

 

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.The claim is denied with regards to an amount due under an agreement.The Claimant/Solicitor has refused to disclose any agreement or statements on which its claim relies upon.

 

 

3.The claim is denied with regards to a default notice being served.I have never been served a default notice pursuant to sec 87 of the CCA1974 which is necessary before the creditor or owner can become entitled to relief, by reason of any breach by the debtor of a regulated agreement

 

On receipt of this claim I requested information pertaining to this claim from Bryan Carter by way of a CPR 31.14 on the 2/10/14. Bryan Carters response was that they wont comply and that its based on a simple contract which I should have in possession.

 

Therefore with the courts permission the Claimant is put to strict proof to:

 

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

 

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

 

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

 

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

 

5.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.

 

 

ok added no 3 re default notice just unsured whether its best to say something about receiving a notice about the sale or to just leave that out, funny the only thing in their POC with a date is the one letter I did get although they bought it on the 31/10/2013 and not the 1/11/2013

Edited October 11, 2014 by Andyorch
3.tweaked

[Andyorch]

Tweaked your point 3 rest if now fine.