Lowell/Overdales letter of claim now claimform - 2 CAT debts JDW + Studio

[dx100uk]

no need to rush...

please complete this:

 

 

[StretfordEnd]

I’ll get on to that now, I haven’t completed the acknowledgment of service yet as I don’t want to get anything wrong. 

[StretfordEnd]

Which Court have you received the claim from ? Northampton NN1

 

MCOL Northampton N1 ?

Manual Claim CCMCC (Salford) ?

New beta WWW.MONEYCLAIMS.SERVICE.GOV.UK ?

 

If possible please scan redact and upload a full page copy of page 1 of the claim form. (not the response page or AOS)

 

 

Name of the Claimant ? Lowell Portfolio 1 Ltd

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 19 |December 2022

 

Particulars of Claim

 

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

 

1.The Claim compromises the following Agreement the Defendant entered into: A JD williams & Company Ltd with ref xxxxxxxx and current balance of £1300,

 

2.the agreement was terminated as payments were not maintained and subsequently assigned to the claimant.

 

And the claimant claims

a)the said sum of £1300

b) 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, but limited to one  year being £100,

c) costs

 

What is the total value of the claim? £1300

 

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? No
 

Did you inform the claimant of your change of address? N/A

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

When did you enter into the original agreement before or after April 2007 After April 2007
 

Do you recall how you entered into the agreement...On line /In branch/By post ? Online
 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes
 

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? Yes

 

Did you receive a Default Notice from the original creditor? Not that i am aware of

 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No
 

Why did you cease payments? Separation from partner - financial issues

 

What was the date of your last payment? Not sure of this
 

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

[Andyorch]

Quote

They have also sent me a letter with confirmation of when the accounts were opened and the last payments on these and the date of default.

Quote

Did you receive a Default Notice from the original creditor? Not that i am aware of

What was the date of your last payment? Not sure of this

 

[dx100uk]

On 14/08/2022 at 16:12, StretfordEnd said:

I have received a response from Overdales. They have sent me a copy of a credit agreement for the jd Williams account they were chasing me for, but they were unable to obtain a copy of the default notice.  They have received confirmation of the date it was sent 08/2020

CCA is rubbish too

[StretfordEnd]

Apologies, my bad. I’m nursing a hangover while trying to sort this. 
 

[Andyorch]

Not to worry plenty of time...you can acknowledge service next week and leave it for now.

[StretfordEnd]

Really? Do I not need to get straight onto it? I’ve been panicking all day about it 

[dx100uk]

now go back to our Q&A sticky and work out your dates from the blue text.....

 

 

[StretfordEnd]

So I have until 22/1 by my working out. AOS going in next week takes it to that date. 

[Andyorch]

AOS Friday 6th Jan 2023 by 4.00pm

Defence Friday 20th Jan by 4.00pm

 

 

.

[dx100uk]

Programmable Search Engine

CSE.GOOGLE.COM

clickme^^

[StretfordEnd]

I’m going to go on MCOL to complete the AOS, do I leave the box unticked for defend the jurisdiction? 
Had random phone calls today that appear to be Overdales ringing me all of a sudden- when they never have before. 

[dx100uk]

pop up on the MCOL website detailed on the claimform.
[if mcol is not working return after the w/end or the next day if week time]
.
 register as an individual on the Gov't Gateway Site
Go to HMRC's login page.
Click the GREEN sign in button.
Click “Create sign in details”
Enter your email address where asked.
You will now be emailed a confirmation code. ...
You will now be issued with a User ID for your government gateway account.
 note down your details inc the long gateway number given, you might need it later.
 then log in to the MCOL Website
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked
 you DO NOT file a defence at this time
[BUT you MUST file a defence regardless by day 33 ]
click thru to the end
confirm and exit MCOL.
..
get a CCA Request running to the claimant

.

https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/

..

Leave the £1 PO unsigned and uncrossed

.

get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant]
...
.[use our other CPR letter if the claim is for an OD or Telecom Debt]
.

https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/

.

on BOTH type your name ONLY
Do Not sign anything
.do not ever use or give an email
.
you DO NOT await the return of ANY paperwork 
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

..............

 

[StretfordEnd]

I'm just getting ready to send the letters, the paragragh in the CPR 31.14 request that says

 

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][delete if no such request was delivered]

Do i need to delete this section? as they did produce a dodgy CCA

[dx100uk]

doesnt matter.

 

dx

 

[StretfordEnd]

Great thankyou, ive left it as is. Sending both recorded delivery tomorrow.

 

What do i need to do in terms of my defence or can i leave that for a few more days?

[dx100uk]

@Andyorchhad given you that date earlier.

 

use our enhanced google searchbox

 

CAT Claimform.

 

read a good few 10's of like threads here

 

 

dx

 

 

[StretfordEnd]

Sorry I’m just trying to make sure I get this right and don’t mess it up.
I know I have until 20th but I was unsure whether it would be time consuming and lengthy to put together my defence, I haven’t done this before so don’t know what to expect 

[dx100uk]

nothing like starting now.

 

dx

 

[StretfordEnd]

Letters sent recorded delivery to Lowell and Overdales.  Total pita as my printer decided to give up on me but they’ve been sent.

I have had a read on the link for Lowell court claims. Will it be ok if I put my defence up here to be checked before I send next Friday? 
So far I will be stating that - 

They have previously failed to comply with my previous documents request

 

I received a letter from them in August 2022 stating they were unable to obtain an actual copy of the default notice from the creditor 

 

They have not provided a copy of the CCA to me despite me requesting a copy 

[dx100uk]

of course put it we will help.

 

you'll see our std defence, and poss ones with paragraphs roughly stating your notes above. pers i would not be tipping them of what they are lacking too much.

[StretfordEnd]

Ok fair point about tipping them off, I’m going to spend a couple of days reading what I can on here and will put my defence up over the weekend - gives me plenty of time to alter or change anything before next Friday. 

[StretfordEnd]

I have tried to attempt to put together my defence, please can it be looked over and amended where necessary?

 

Date of Issue 19 December 2022

Particulars of claim

 

1) The claim comprises the following agreement the defendant entered into;

a, JDW &Co with ref XXXXXX and the current balance of £XXXX

The agreement was terminated as payments were not maintained and subsequently assigned to the claimant.

 

And the Claimant claims:

A) The sum of£ XXXX

B) 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, but limited to one year, being £XX

C) Costs

 

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 allegation to which a specific response has not been made.

 

Paragraph 1 is noted. I have in the past had financial dealings with JD WIlliams but do not recognise this specific account or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request.

 

The claimant refrains from referring to a default notice within its particulars but simply the account was terminated. The claimant is put to strict proof to evidence and disclose a default notice in accordance with the agreement pursuant to sec 87(1) of the CCA1974.

 

On receipt of the claim form, the Defendant sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement. The claimant has complied and has disclosed various documents however they were unable to comply with disclosing a valid full copy.

 

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

 (b) show and evidence the nature of breach and default notice.

 As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed

 

On the alternative, as 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.

 

 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.

[Andyorch]

A few additions and tweaks in red above.

 

Andy