lowells/? claimform - old CAT 'debt'

[debt4get]

hi guys

been a few years since i visited forum

 

however today received a claim form ccj from lowells regarding an alleged debt from shop direct assigned to lowells in 2012.

 

..now dont know what it is for as dont use credit, so intend to defend.

 

.now question is..

.as i have no paperwork for this debt or any knowledge where to start?

 

obviously i am time limited due to action now taken by lowells so any advice grateful for

[maroondevo52]

Hi,

 

I have moved this thread to the Financial Legal Issues Forum, hopefully you will get some help shortly.

 

Regards,

 

Scott.

[debt4get]

thanks scott

[dx100uk]

fill this out please and we'll get you moving.

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(1-Viewing)-nbsp

[debt4get]

Name of the Claimant ?lowell portfolio ltd

Date of issue – . 03 aug 16

 

What is the claim for –

full particulars

1. the defendant entered into a consumer credit act 1974 regulated agreement with shop direct under account reference xxxxxxx

 

2. the defendant failed to maintain the required payments and a default notice was served and not complied with

 

3. the agreement was later assigned to the claimant on 25/05/2012 and notice was given to the defendant

 

4. despite repeated requests for payment the sum of pounds 648/79p remains due and outstanding

and the claimant claims

a. the sum of 648.79

interest pursuant to s69 county courts act 1984 at the rate of 8% per annum from the date of assignment to the date of issue accruing at a daily rate of 0.142 but limited to one year being 51.90p

c costs

amount claimed 700.69

court fee 60.00

legal rep 70.00

total 830.69

 

What is the value of the claim? 830.69

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? CAT DEBT

 

When did you enter into the original agreement before or after 2007? dont know no paperwork

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. Lowells

 

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

 

Did you receive a Default Notice from the original creditor? again if i did i didnt see it or remember it

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? not as far as i know

 

Why did you cease payments? never made any!!!

 

What was the date of your last payment? as above

Was there a dispute with the original creditor that remains unresolved?

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan? no

does this help with your advice?

 

 

this is full particulars of claim note in 1 there is no date on when this agreement was entered into?

[debt4get]

paperwork for cpr31.14 does the letter go to claimant eg lowell portfolio in leeds or to lowell solicitors ltd northampton?

[dx100uk]

thank though you'll need to type the full poc out

not an abbreviated version please this is important to constructing a defence later.

 

 

pop up on the MCOL website

ACK [AOS] the Claim.

defend all

leave jurisdiction unticked

 

 

get a CCA request running to the claimant

get a CPR 31:14 running to the sols.

don't sign anything

leave the £1PO uncrossed and blank.

 

 

dx

[Old Cogger]

Leeds the other is just mailing address:- Recorded Delivery

 

Lowell Solicitors

9, Ellington House, Leeds Valley Park West,

Savannah Way,

Leeds LS10 1AB

[debt4get]

right dx thanks question 1 what is the MCOL website? as i said it is a long time since i was on here forgotten most of everything afraid you may have to walk me through it till i get my bearings again

[debt4get]

have acknowledged claim on mcol and intent to defend left juristication as requested...take it i do not have to send this court paperwork in now?

[dx100uk]

MCOL website listed on the claimform.

 

 

easy to do

[dx100uk]

have acknowledged claim on mcol and intent to defend left juristication as requested...take it i do not have to send this court paperwork in now?

 

 

nope not needed

 

 

cca / cpr time as I detailed above

 

 

is this on your credit file?

 

 

dx

[debt4get]

dont know as i dont use credit i dont really much care if it is .....will have to wait till tomorrow to send cca and cpr have no printing facilities here and have to rely on library to print anything

d4g

[debt4get]

can you confirm this ok

 

 

template removed sorry

it say at the top please don't post our templates in the open forum...dx

[AndyOrch]

dont know as i dont use credit i dont really much care if it is ....

d4g

 

Thats irrelevant really and not the reason you are being asked...if you check it it will help to establish and add to your proposed defence.

 

Andy

[debt4get]

oh right didnt understand...will check it asap and get back to you

[debt4get]

yep it is on the credit report, as a default 05/05/2016 by lowells has been defaulted since 2012 account start date is 18/10/2011

[AndyOrch]

yep it is on the credit report, as a default 05/05/2016 by lowells has been defaulted since 2012 account start date is 18/10/2011

 

Many thanks for checking that debt4.

[debt4get]

hi guys have sent the cpr request but am at a loss of the address for cca request, want to send today if anyone can help???

[dx100uk]

sols address for cpr regardless to it being a PO box

no need for recorded etc 1st class with free proof of posting from the PO desk will do

[dx100uk]

Opps scrub that

CCA request goes to the claimant

The address is in post 8

 

Dx

[debt4get]

thanks for help so far guys

 

have recieved a letter from them this am stating

we confirm receipt of your letter and will request the documents you require in the meantime your account is currently on hold if you wish to speak to you one of our advisors blah blah ring .....

 

now reading round the threads gather this is a technique they use to make you think the ccj is on hold and i gather it aint..

..even so will be formulating a defence in the next day or two and will post for comment

 

ok this is what i have so far can someone take a look and let me know

 

Particulars of Claim (for reference only)

 

1. the defendant entered into a consumer crediticon act 1974 regulated agreement with shop direct under account reference xxxxxxx

 

2. the defendant failed to maintain the required payments and a default notice was served and not complied with

 

3. the agreement was later assigned to the claimant on 25/05/2012 and notice was given to the defendant

 

4. despite repeated requests for payment the sum of pounds 648/79p remains due and outstanding

 

and the claimant claims

a. the sum of 648.79

interest pursuant to s69 county courts act 1984 at the rate of 8% per annum from the date of assignment to the date of issue accruing at a daily rate of 0.142 but limited to one year being 51.90p

c costs

amount claimed 700.69

court fee 60.00

legal rep 70.00

total 830.69

 

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. Paragraph 1 is not admitted with regards to the Defendant owing any monies to the Claimant. I am unable to recall the precise details of the alleged agreement and any alleged outstanding balance and have therefore sought clarity from the claimant by way a Section 78 request and a CPR 31.14 request.

 

2. Paragraph 2 is denied and the Claimant is put to the strictest of proof on the same. The Defendant contends that no notice pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has been served upon him by the Claimant as alleged or at all.

 

3. Paragraph 3 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of defaulted payments or any alleged assignment. As the claimants plead in their particulars with precise knowledge of the default then they are put to strict proof to evidence such fact.

 

Therefore Paragraph 1 is denied 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; and

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

© 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(4), 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 Consumer Credit Act 1974.

 

6. On the 9th of August 2016 I made a legal request by way of 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 forbidden to request any relief until such compliance.

 

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

 

just tried to log in to the mcol website and the damn thing doesnt recognise me!! spoke to helpdesk and they cannot understand what the problem is either!! brilliant !! he told me i could submit this through the email system and gave me the details of where to send...will this be ok ???

Edited August 22, 2016 by Andyorch
Particulars added for cross reference

[dx100uk]

no rush not due until/by 4pm 2nd sept

 

 

dx

[debt4get]

yeah i know that just wanted to get a heads up as to whether the above would be ok? also after all day have managed to get back into mcol after it reset my password 8 times!!

[dx100uk]

you don't need to repeat about sending CCA/CPR in several places

 

 

one place

and put the date and method of posting for each