Lowell Claim Form - J D Williams debt

[Craftygirl42]

Name of the Claimant: Lowell Portfolio

 

Date of issue: 28 July 2017

 

What is the claim for – the reason they have issued the claim?

1.The claim is for the sum of £640 due by the defendant under the agreement regulated by the consumer credit act 1974 for a J D Williams account with an account reference xxx.

2. The defendant failed to make contractual payments required by the agreement and a default notice was served under s.87(1) of the Consumer Credit Act 1974 which has not been complied with.

3.The debt was legally assigned to the claimant on xxxx, notice of which has been given to the defendant.

4. The claim included statutory interest under S.69 of the county courts act 1984 at the rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £50.

The claimant claims the sum of £700

 

What is the value of the claim? 700

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Catalogue

 

When did you enter into the original agreement before or after 2007? Probably, but not confirmed

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. Purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure

 

Did you receive a Default Notice from the original creditor? No

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

 

Why did you cease payments? Could no longer afford it

 

What was the date of your last payment? Approx sometime in 2012

 

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? No

I received the above today.

Have had a little read around and know I need to state I will be defending and I need to send off a CCA request and a 31.14 letter, which I will do.

 

One question,

if I go online to the court page and click the acknowledgement of service,

do I still have the full time scale as I am away next week,

so wont have the ability to send it later on,

however I don't want to limit myself to 14 days from acknowledgement.

 

Thank you

[Andyorch]

As long as you acknowledge service before Tues 15th Aug and state you wish to defend you have the full 33 days from and including the 28th July.

[Craftygirl42]

Thank you Andy. I will get the letters out and acknowledge service tomorrow. Then once I get back I will look at defences and hopefully someone will be able to confirm that I have that right.

 

 

Thank you for your help

[Craftygirl42]

Defence

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 noted. I have in the past had an agreement with J D Williams but do not recognise this specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and a section 78 request under the Consumer Credit Act 1974.

 

2. Paragraph 2 is denied I have not been served with a Default Notice pursuant to the consumer credit Act 1974.

3. Paragraph 3 is denied. I am unaware of a legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)

 

4. On receipt of this claim form, I the Defendant sent a request dated 3 August 2017, by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, the Claimant has yet to comply and remains in default of the said request.

 

5. A further request dated 3 August 20127, was made via CPR 31.14 to the claimants solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied.

6. It is therefore not accepted 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;

c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 87(1) of the Consumer Credit Act 1974

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

 

7. As per civil procedure 16.5 it is expected that the claimants prove the allegation that the money is owed

 

8. 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 please, I have had a terrible couple of weeks and just realised this needs to be submitted on MCOL

[Andyorch]

Yes thats fine CG

 

Andy

[Craftygirl42]

Thank you Andy, I appreciate you looking on a Bank holiday. Off to click send now on MCOL

[bazaar]

following