Lowell; Claimform - merged Morses club & BT broadband Debts

[Ftgab19]

Which Court have you received the claim from ? Name County Court Northampton N1

  

Name of the Claimant ? Lowell Portfolio I Ltd

 

 Date of issue – . 09 AUGUST 1)

 

Particulars of Claim

 

What is the claim for –

 

Agreements the Defendant entered into:

a. BT ple with reference 000000000 and current balance of £481.99

 

b. Morses Club with reference 00000000 and current balance of £160.00

 

The Agreements were terminated as payments were not maintained and subsequently assigned to the Claimant And the Claimant claims:

 

a) The total of the said sums being £631.99

 

b) Interest pursuant to s09 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 £50.66

 

c) Costs

 

The Claimant claims the sum of £682.55

  

What is the total value of the claim? £822.55
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) No
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes
 

Did you inform the claimant of your change of address? No

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

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

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. Account assigned
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Can’t remember 
 

Did you receive a Default Notice from the original creditor? Can’t remember 
 

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? Couldn’t afford it 
 

What was the date of your last payment? can’t remember 
 

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? Yes I called many times to get a reduced monthly payment 

 

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

 

 

Hi everyone

 

I’ve received a N1 Northampton claim form from Lowell Portfolio I Ltd for BT PLC and Morses Club.

I’ve acknowledged the claim and I’m typing up the request forms I need to send which I’ll put in tomorrow’s post. 

I’m a bit late in acting as I’ve had a lot of work stuff going on but I’m still in time with the deadlines. 
 

Any help with this would be much appreciated I’ll upload a dedicated copy of the form to this post. 

 

Thanks 

Andrew
 

[Ftgab19]

Hi 

 

can anyone help me on what letters to send out? I know the Morses Club is a loan so it needs both letters but BT is broadband so it doesn’t apply does it? 

[BlueNoseBear1987]

Someone should be along shortly to help you.  

[dx100uk]

One cpr only is needed... serves both debts.

 

Plenty of merged debts lowell claimform threads already here, theyll probably fold anyway near the hearing fee date.

[Ftgab19]

Hi Dx 

 

im sending out the cpr tomorrow and i think I’ve finished the defence. Please take a look and let me know if I need to add anything.

 

Thanks 

Andrew 

 

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.Paragraph 1 is denied. Whilst I have had dealings with Morses Club and BT in the past I cannot recall the specifics of the alleged agreements.

 

3.Paragraph 2  is denied. I am not aware of any service of Termination Notice by either of the original creditors nor have I been provided with any Notice of Assignment pursuant to the Law of Property Act 1925.

 

4. On receipt of this claim I requested information pertaining to this claim from Overdales Solicitors Ltd by way of a CPR 31:14 request sent via 1st class with proof of postage on 01/09/2022. To date, Overdales Solicitors have yet to furnish me with the requested information and therefore remains in default of said request and unable to enforce the alleged agreement until such time it can comply.

 

6.Therefore with the court’s permission the Claimant is put to strict proof to:-

 

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

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

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 1974.6.

 

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.

[dx100uk]

what about default notices and the CCA request to the claimant re the morses agreement?

[Ftgab19]

I thought I only had to send a cpr with it being a doorstep loan and broadband. And didn’t know broadband had default notices. Wish I knew was a pain taking them out I’ll put them back in and get a cca sent off tomorrow 

 

Thanks 

Andrew 

 

[dx100uk]

doorstep loans are covered by the consumer credit act.....you SIGNED AN AGREEMENT.

 

CCA to the Claimant 

CPR as is for the sols.

 

you've already had atleast 2 claimforms .....you are not a novice that should need nursemaiding...

 

 

 

[Ftgab19]

Updated defence 

 

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.Paragraph 1 is denied. Whilst I have had dealings with Morses Club and BT in the past I cannot recall the specifics of the alleged agreements.

 

3.Paragraph 2  is denied. I am not aware of any service of a Default Notice or Termination Notice by either of the original creditors nor have I been provided with any Notice of Assignment pursuant to the Law of Property Act 1925.

 

4. On receipt of this claim I requested information pertaining to this claim from Overdales Solicitors Ltd by way of a CPR 31:14 request sent via 1st class with proof of postage on 01/09/2022. Further to the above I sent Lowell Portfolio I Ltd a section 78 request via 1st class with proof of postage on 03/09/2022. To date, neither Overdales Solicitors nor Lowell Portfolio I Ltd have yet to furnish me with the requested information and therefore remains in default of said request and unable to enforce the alleged agreement until such time it can comply.

 

6.Therefore with the court’s permission the Claimant is put to strict proof to:-

 

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

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

c) show and evidence the nature of breach and service of a Default Notice pursuant to Sec 87 (1) CCA1974.

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 1974.6.

 

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.

 

Please let me know if I need to change anything I want to send it tonight so it’s out the way 

 

Thanks

 Andrew 

[dx100uk]

go through and pluralise things agreement to agreements etc.

 

dx

[Ftgab19]

Updated 

 

would this be okay to send now Dx? 
 

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.Paragraph 1 is denied. Whilst I have had dealings with Morses Club and BT in the past I cannot recall the specifics of the alleged agreements.

 

3.Paragraph 2  is denied. I am not aware of any service of a Default Notices or Termination Notices by either of the original creditors nor have I been provided with any Notice of Assignments pursuant to the Law of Property Act 1925.

 

4. On receipt of this claim I requested information pertaining to this claim from Overdales Solicitors Ltd by way of a CPR 31:14 request sent via 1st class with proof of postage on 01/09/2022. Further to the above I sent Lowell Portfolio I Ltd a section 78 request via 1st class with proof of postage on 03/09/2022. To date, neither Overdales Solicitors nor Lowell Portfolio I Ltd have yet to furnish me with the requested information and therefore remains in default of said request and unable to enforce the alleged agreements until such time it can comply.

 

6.Therefore with the court’s permission the Claimant is put to strict proof to:-

 

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

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

c) show and evidence the nature of breach and service of a Default Notices pursuant to Sec 87 (1) CCA1974.

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 crediticon 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.

[dx100uk]

Looks ok to me 

 

Dx

[Ftgab19]

Thanks Dx

 

ill get it sent tonight when I get home