SORTED Lowell vs me. Catalogue. Help please :(

**Immortal** · 23rd February 2018, 22:28:PM

I did the acknowledgement of service online on mcol and need to file my defence on there. Do I just write a letter on word and copy paste it on there? I don't know why Lowell would say "the last payment you made was for x on x date) as I haven't asked for that. Are they baiting me to try statute barred I case the debt line were right?

**Immortal** · 23rd February 2018, 22:33:PM

In my original post I should have made it clear I asked for the cca within 12 working days and the other for 7 days. Neither have been sent to me.

**MIKE770** · 24th February 2018, 08:58:AM

usual non response from companies at this stage, meantime you can work on your defence i.e. on such a date a CCA request made and no response been made also CPR31.14 sent on such a date no response made,, they can be ordered by the court at a later stage to supply if they have not by then, this is a usual trend by claimants solicitors, but later in the case of proceedings you get to mediation offer , mediation will ask if you have the necessary documents to mediate etc if not they will state no mediation can take place, and pass case back to court system.

read other threads you will get an idea how these things seem to operate etc

what date was your last payment or acknowledgement?

**Immortal** · 24th February 2018, 09:42:AM

Thanks for the reply. They say my last payment was dec 12th 2011. So when I put in my defence today they will get it and may still continue with it? That's surely breaking the rules?

**MIKE770** · 24th February 2018, 09:50:AM

they are not following guidelines and most do not at this stage - you have up to 4 p.m. Monday to submit via MCOL if date is due on a weekend,
Example Defence for format,, suggest to copy defence on here (Minus personal details) and let people advise any amend ments.

meantime you could ring catalogue company and ask last payment date, do not take no record from them ask for a supervisor if any problem

do you live in England or Scotland?

If problem sending via MCOL use :- CCBC Defendants

**Immortal** · 24th February 2018, 10:00:AM

Hi I live in England. Ah so it is Monday then as it's due today. Ok will work on my defence and put it on here without personal details. Thanks for the help. Really appreciate it.

**Immortal** · 25th February 2018, 22:10:PM

Hi,

Ive done this and am ready to paste it into the box on mcol..

In the Northampton County Court Business Centre
Claim No: XXXXXXXX

LOWELL PORTFOLIO I LTD
Claimant
And

XXXXXXXXXXXXXX

Defendant

DEFENCE

I received the claim XXXXXXXX from the Northampton County Court on XX January 2018
Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
This claim appears to be for a Catalogue Account agreement regulated under the Consumer Credit Act 1974.
It is denied that the Defendant has previously entered into an agreement with XXXXXXXX for provision of credit.
The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
The Claimant’s Particulars of Claim fail to state when the agreement was entered into.
The Defendant contends the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years
The Claimants statement of case states that the account was assigned from XXXXXX to Lowell Portfolio I Ltd on XXXX 2012. The Defendant does not recall receiving notice of this assignment.
It is denied that XXXXXXX served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.
On the XXXXXXX 2018 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Lowell Solicitors Ltd and I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.
Lowell Solicitors Ltd has not sent any of these documents to me.
On the XXXXXXX 2018 I sent a formal request for a copy of the original agreement to Lowell Solicitors Ltd pursuant to section 77/78 of the Consumer Credit Act 1974 along with the statutory £1 fee.
The Claimant has failed to comply with s77 (1) / s 78 (1) Consumer Credit Act 1974 and by virtue of s77 (4) / s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.
Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.
In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.
It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth
The Defendant believes that the facts stated in this Defence are true.
Signed : XXXXXXXXXX
Dated : XXXXXXXXX

**Amethyst** · 26th February 2018, 10:04:AM

Morning xxx Looking good however just checking -

I sent 2 letters. The first was the cpr18 and the second was asking them for the deed of assignment etc

Did you actually send a CCA request with a £1 - it does sound like you did but I'm not certain - and you haven't mentioned CPR 18 request in the defence at all.

I should have made it clear I asked for the cca within 12 working days and the other for 7 days.

then in the defence....

On the XXXXXXX 2018 I sent a formal request for a copy of the original agreement to Lowell Solicitors Ltd pursuant to section 77/78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

Also they have confirmed last payment was Dec 2011 and they brought the claim 22nd January 2018 ... they're really cutting it fine and will have to prove that the debt isn't statute barred. Nat Debtlines 3 months thing would only count if you purchased something on 3 month terms on the same date you made your last payment.... so the actual transaction lists and agreement will be required for them to evidence their case.

**Immortal** · 26th February 2018, 10:57:AM

Hi thanks for the reply. Yeah I sent the cca request and the cpr18. Could you tell me where to put that in the defence please as I have until 4pm today to file it. Very grateful for the help

**Amethyst** · 26th February 2018, 11:08:AM

Okay, what did you ask for in your part 18 request ? ( I think maybe it was just a duplicate of the Part 31.14 and not relevant - Part 18 is for asking questions about the case, not requesting copies of documents - if so leave it out )

Maybe post copies of all the letters you have sent... your defence says you sent CCA Request Letter
CPR 31.14 Request Letter

and then you sent a Part 18 request as well ? If it was just duplicating what you asked for in the CPR 31.14 request there's no need to include it, particularly if it had stuff about tripartate novation in it.

**Immortal** · 26th February 2018, 13:13:PM

Hi,

Ok the letters I sent were..

Letter 1:

Dear Sirs,

Re: LOWELL PORTFOLIO I LTD v XXXXXXXXX

Case No:

CPR18 Preliminary Request for further information / clarification

On the XXXXXXXX 2018, I received the Claim Form in this case issued by you out of the Northampton County Court.

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest your entire claim.

Prior to the issue of proceedings I had delivered a request for the production of the Agreement referred to in the Particulars of Claim, and on which you intend to rely. That request was ignored.

Please treat this letter as my Preliminary Request for further information made, under CPR Part 18 for the following, including any documentation mentioned within the particulars of Claim, for which I request the production of a verified and legible copy) please accept this request by way of Service upon You:

1.The agreement, including the specific Terms at the point the alleged Agreement was made and any subsequent changes. You will appreciate by reason of the provisions of CPR 39.a (3.3) requires The originals of the documents contained in the trial bundle, together with copies of any other court orders should be available at the trial. Further, that any general conditions incorporated in the contract should also be attached.

2. The deed of assignment.

3. All notices of assignment.

4. The default warning letter.

5. The default notice.

5.1 Termination Notice.

6. I deny any indebtedness to the Claimant but particularly deny they are due statutory interest on the alleged amount of XXXXXXX and as such I request full disclosure of the amount the Claimant alleges to have paid for this alleged debt.

7. Also, I would request under Civil Procedure Rule 39 PD 39a (3.3) the originals of any documents upon which you, the claimant intends to rely, are brought to any subsequent hearing for examination.

You should ensure compliance with your CPR 18 duties and ensure that the information I have requested is collated and received by me within 14 days of receiving this letter. Failure to produce the information requested will result in an Application to the Court to order the information be provided.

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

Please note that if you should fail to comply with this request, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

Yours faithfully

and Letter 2:

Date: XXXXXXX 2018

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY IN ANY FORM

F.A.O: Lowell Solicitors Limited.

Dear Sir/Madam

Claim Number: XXXXXXXX

With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement and a full breakdown of the account including any interest or charges applied.

I understand that under the Consumer Credit Act 1974 [sections 77-79], I am entitled to receive a copy of any credit agreement and a statement of account on request.

I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act 1974. Please note, this money is not to be used for any purpose except as the required administration fee for the above request. If you are unable to send the required documentation then this fee must be refunded immediately.

I understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.

I understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act. Please be aware that until you provide a copy of the credit agreement the following applies.

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

* You may not issue a court summons.

You should also be aware that unless or until you provide me with the the agreement requested under the Consumer Credit Act 1974, it will remain Unenforceable at Law, and any legal proceedings taken out whilst the agreement request remains outstanding, will be Vexatious and Unlawful. Be aware also that the Financial Conduct Authority Regulations apply:

7.3.18: A firm must not threaten to commence court action, including an

application for a charging order or (in Scotland) an inhibition or an order

for sale, in order to pressurise a customer in default or arrears difficulties

to pay more than they can reasonably afford.

7.11.6: A firm must not suggest or state that action can or will be taken when

legally it cannot be taken.

I look forward to hearing from you within the allotted time scale.

Yours faithfully,

**Amethyst** · 26th February 2018, 14:06:PM

Okay, that's a Part 18 and a CCA request - the CCA request is the important one so just amend your defence to read CPR 18 rather than CPR 31.14 ... it's not 100% but as a Litigant in Person you should be okay with it

Claimant is required to prove that a compliant Default Notice was served upon the Defendant.
On the XXXXXXX 2018 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Lowell Solicitors Ltd and I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.
Lowell Solicitors Ltd has not sent any of these documents to me.

change to

Claimant is required to prove that a compliant Default Notice was served upon the Defendant.
On the XXXXXXX 2018 I sent a request for further information under Civil Procedure Rule 18 to Lowell Solicitors Ltd and I requested the Claimant provide copies of ;
1.The agreement, including the specific Terms at the point the alleged Agreement was made and any subsequent changes.
2. The deed of assignment.

3. All notices of assignment.

4. The default warning letter.

5. The default notice.

5.1 Termination Notice.
Lowell Solicitors Ltd has not sent any of these documents to me.

**Amethyst** · 26th February 2018, 14:10:PM

On your CCA request

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

* You may not issue a court summons..

isn't exactly true.... where did the CCA request come from ? GetOutofDebtFree ?

**Immortal** · 26th February 2018, 14:14:PM

if I'm honest , I cant remember where I got it from. Ill amend my defence and post it up in 2 mins if you could take a quick look before I paste it into mcol

thanks

SORTED Lowell vs me. Catalogue. Help please :(