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Hello. I have received a County Court claim from Northampton County Court. The claimant is LOWELL PORTFOLIO 1 LTD and their Solicitors. I am a little unsure with how to proceed. I have already logged onto MoneyClaim and submitted my Acknowledgment of Service, from date of issue being 27/04/2018 I assume this gives me until 24/05/2018 (28 days) to in the meantime prepare and eventually submit my defence? Is it advised to submit my defence a couple of days in advance?
One particular that I'm unsure with is the fact they mention the Agreement was terminated by Capital One before assignment to LOWELL, no mention of Default Notice, which is unlike many of the other claim forms I have viewed online from other defendants cases. Can anyone clarify what this means? Does this weaken Lowells case?
My personal feelings are that if the contract is terminated it is no longer legally binding, regardless to any cooked up assignment of agreement Lowell can cook up.
Issue Date: 27 APR 2018
Amount approx: 983.35
Claimant: LOWELL PORTFOLIO
Solicitor: LOWELL SOLICITORS
Original Creditor: Capital One
Particulars of Claim:
1. The Defendant opened a Capital One Credit Card regulated consumer credit account under reference xxxxxxxxxx on 24/07/2014 ('the Agreement')
2. In breach of the Agreement, the Defendant failed to maintain the required payments and the Agreement was terminated
3. The agreement was later assigned to the Claimenet on 08/09/2017 and written notice given to the Defendent
4. Despite repeated requests for payment, the sum of £936.16 remains due and outstanding. And the Claiment claims a) The said sum of £936.16 b) Interest pursuant to s69 Count 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 £0.205, but limited to one year, being £47.19 c) Costs
I intend to send the following to Lowell Portfolio and their Solicitors respectively.
Letter 1:
"Dear Sir/Madam
Re:− Account Number xxxxxxxxx
With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement.
I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a legible copy of my credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.
I understand a copy of our credit agreement should be supplied within 12 working days.
I look forward to hearing from you
Yours sincerely"
Letter 2:
"Re:− Account Number xxxxxxxx
Request for documents mentioned in a statement of case under CPR 31.14
On 27/04/2018 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.
To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on 24/05/2018.
1. Agreement
2. Assignment
In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.
You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I , as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.
You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.
If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.
For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, 02/05/2018.
I look forward to hearing from you.
Yours sincerely"
Any help very much appreciated. Anything else I should do at this stage?
Thank you!!
One particular that I'm unsure with is the fact they mention the Agreement was terminated by Capital One before assignment to LOWELL, no mention of Default Notice, which is unlike many of the other claim forms I have viewed online from other defendants cases. Can anyone clarify what this means? Does this weaken Lowells case?
My personal feelings are that if the contract is terminated it is no longer legally binding, regardless to any cooked up assignment of agreement Lowell can cook up.
Issue Date: 27 APR 2018
Amount approx: 983.35
Claimant: LOWELL PORTFOLIO
Solicitor: LOWELL SOLICITORS
Original Creditor: Capital One
Particulars of Claim:
1. The Defendant opened a Capital One Credit Card regulated consumer credit account under reference xxxxxxxxxx on 24/07/2014 ('the Agreement')
2. In breach of the Agreement, the Defendant failed to maintain the required payments and the Agreement was terminated
3. The agreement was later assigned to the Claimenet on 08/09/2017 and written notice given to the Defendent
4. Despite repeated requests for payment, the sum of £936.16 remains due and outstanding. And the Claiment claims a) The said sum of £936.16 b) Interest pursuant to s69 Count 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 £0.205, but limited to one year, being £47.19 c) Costs
I intend to send the following to Lowell Portfolio and their Solicitors respectively.
Letter 1:
"Dear Sir/Madam
Re:− Account Number xxxxxxxxx
With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement.
I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a legible copy of my credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.
I understand a copy of our credit agreement should be supplied within 12 working days.
I look forward to hearing from you
Yours sincerely"
Letter 2:
"Re:− Account Number xxxxxxxx
Request for documents mentioned in a statement of case under CPR 31.14
On 27/04/2018 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.
To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on 24/05/2018.
1. Agreement
2. Assignment
In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.
You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I , as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.
You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.
If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.
For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, 02/05/2018.
I look forward to hearing from you.
Yours sincerely"
Any help very much appreciated. Anything else I should do at this stage?
Thank you!!
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