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    Shortcuts for Consumer Credit Court Claims.

    Check your dates || PRE-ACTION || First Steps || Acknowledge a Claim || Guides || Example Defence || CCA Request Letter || CPR 31.14 Request Letter || Set Aside Application || Subject Access Request Letter

    If you received a court claim and want to start a new thread in this forum please read THIS POST about your first steps and make a new thread in the forum

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    If your case is over 10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.

    NOTE: If you receive a court claim note these dates in your calendar ...
    Acknowledge Claim - within 14 days from Service
    Defend Claim - within 28 days from Service (IF you acknowledged in time)
    If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.

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Lowell V MarcToystory

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  • #31
    Re: Lowell V MarcToystory

    Originally posted by marctoystory View Post
    Bless you for your kind words
    I have checked noodle and in the open accounts Lowells is there it says current account and monthly repayments but no monthly payment amount. The information on it starts in October 2013. When I go into my closed accounts the lloyds is there but says closed Oct 2010 which is when the joint account closed. There is nothing with regards to the debt going to lowells and nothing regarding the default from 2010 up to Oct 2013?? I'm confused.
    I really need to get my defence in order but at the minute I have nothing from Lowells not the cpr or the cca. I don't know what I'm defending or even what the debt relates to other than the current account??
    It's likely that Lowell has not updated the Lloyds original entry it happens sometimes when debt purchasers have a portfolio of debts potentially worth many hundreds of thousands of pounds to chase.

    Also Noddle is not always up to date as it is a free off shoot of Call Credit and I don't think creditors report directly to Noddle.

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.




    Comment


    • #32
      Re: Lowell V MarcToystory

      well - here goes. still nothing from Lowells or Lowells Solicitors and its 28 days from the date on the court claim tomorrow, so i am going to file tomorrow so i know i am bang on time. Please please please can someone help me with my defense. This is what i have so far

      1: I received the claim C5HK1K68 from the County Court Business Centre Northampton on 22nd July 2016 dated 19th July 2016

      2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

      3: This claim appears to be for an agreement regulated under the Consumer Credit Act 1974.

      4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
      5. I responded to Lowells requesting information regarding this matter before I received the claim form, this was sent recorded delivery and was signed for. Lowells have not responded to this letter.

      6. The particulars of claim fail to state when the agreement was entered into.

      7. The Claimants statement of case states that the account was assigned from Lloyds to Lowells on 24/06/2013. The Defendant does not recall receiving notice of this assignment.

      8. It is denied that Lloyds 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.

      9: On the 26/07/2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Lowells Solicitors. I requested the Claimant provide copies of the [Agreement, Default Notice and Notice of Assignment] .

      10. Lowells Solicitors has not sent any of these documents to me.

      11. On the 26/07/2016 I sent a formal request for a copy of the original agreement to Lowell Portfolio Ltd pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory 1 fee.

      12. 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.

      13: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have failed to respond.

      13. 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.

      14. 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.

      15. 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.

      16. 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 …………………………………………

      Comment


      • #33
        Re: Lowell V MarcToystory

        It is difficult to suggest exactly which section of the CCA 1974 to use.
        You think it might be a bank account (unregulated).
        The PoC, however, state that the alleged debt was regulated, though the Claimant has not stipulated which type. (Credit card, loan etc).
        Perhaps you could just substitute 'ss77-79' in the relevant places.
        As the Claimant & sols have failed to disclose, it is largely their fault that you have been forced to do so.
        I'll see what [MENTION=55034]nemesis45[/MENTION] suggests.
        CAVEAT LECTOR

        This is only my opinion - "
        Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb

        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.

        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

        Comment


        • #34
          Re: Lowell V MarcToystory

          Originally posted by charitynjw View Post
          It is difficult to suggest exactly which section of the CCA 1974 to use.
          You think it might be a bank account (unregulated).
          The PoC, however, state that the alleged debt was regulated, though the Claimant has not stipulated which type. (Credit card, loan etc).
          Perhaps you could just substitute 'ss77-79' in the relevant places.
          As the Claimant & sols have failed to disclose, it is largely their fault that you have been forced to do so.
          I'll see what @nemesis45 suggests.
          Thank you for all your hard work.

          It is so hard to defend something that you have no details on.

          without places like this people would be at a complete loss

          Comment


          • #35
            Re: Lowell V MarcToystory

            Originally posted by marctoystory View Post
            well - here goes. still nothing from Lowells or Lowells Solicitors and its 28 days from the date on the court claim tomorrow, so i am going to file tomorrow so i know i am bang on time. Please please please can someone help me with my defense. This is what i have so far

            1: I received the claim C5HK1K68 from the County Court Business Centre Northampton on 22nd July 2016 dated 19th July 2016

            2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

            3: This claim appears to be for an agreement regulated under the Consumer Credit Act 1974.

            4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
            5. I responded to Lowells requesting information regarding this matter before I received the claim form, this was sent recorded delivery and was signed for. Lowells have not responded to this letter.

            6. The particulars of claim fail to state when the agreement was entered into.

            7. The Claimants statement of case states that the account was assigned from Lloyds to Lowells on 24/06/2013. The Defendant does not recall receiving notice of this assignment.

            8. It is denied that Lloyds 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.

            9: On the 26/07/2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Lowells Solicitors. I requested the Claimant provide copies of the [Agreement, Default Notice and Notice of Assignment] .

            10. Lowells Solicitors has not sent any of these documents to me.

            11. On the 26/07/2016 I sent a formal request for a copy of the original agreement to Lowell Portfolio Ltd pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory 1 fee.

            12. 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.

            13: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have failed to respond.

            13. 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.

            14. 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.

            15. 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.

            16. 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

            Good morning Marc.

            Well done!

            Make sure no Bold text remains.

            Good to go.

            nem
            The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
            Please make your own decisions with care and if necessary seek qualified legal advice.
            I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.




            Comment


            • #36
              Re: Lowell V MarcToystory

              Originally posted by charitynjw View Post
              It is difficult to suggest exactly which section of the CCA 1974 to use.
              You think it might be a bank account (unregulated).
              The PoC, however, state that the alleged debt was regulated, though the Claimant has not stipulated which type. (Credit card, loan etc).
              Perhaps you could just substitute 'ss77-79' in the relevant places.
              As the Claimant & sols have failed to disclose, it is largely their fault that you have been forced to do so.
              I'll see what @nemesis45 suggests.
              Good morning [MENTION=5553]charitynjw[/MENTION],

              Lowell Solicitors " mistakes " should be used against them when ever possible.

              Yes state sections 77/78/79 of CCA1974.

              nem
              The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
              Please make your own decisions with care and if necessary seek qualified legal advice.
              I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.




              Comment


              • #37
                Re: Lowell V MarcToystory

                Morning all.
                I have received a letter from the courts to say my defence is in, and lowells have 28 days to respond.
                I have still had zip from either lowells or lowells solicitors. Not even acknowledgement that they have received my letters although I know they have been signed for. Is this usual behaviour for them? Is it just a waiting game from here.
                Just a note to everyone on here your advice is priceless and without it a lot of people would not have a clue what to do..so big thumbs up

                Comment


                • #38
                  Re: Lowell V MarcToystory

                  Originally posted by marctoystory View Post
                  Morning all.
                  I have received a letter from the courts to say my defence is in, and lowells have 28 days to respond.
                  I have still had zip from either lowells or lowells solicitors. Not even acknowledgement that they have received my letters although I know they have been signed for. Is this usual behaviour for them? Is it just a waiting game from here.
                  Just a note to everyone on here your advice is priceless and without it a lot of people would not have a clue what to do..so big thumbs up
                  Good morning Marc,

                  If Lowell / sols fail to respond in time the court will stay the claim and Lowell will have to pay a fee to continue the claim, you are not informed when a claim is stayed so you will need to check with the court at the end of the timescale IF you have not been contacted by Lowell/ the court that the claim is going forward.

                  Any documents you receive from the court should still be completed and filed.

                  nem
                  The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
                  Please make your own decisions with care and if necessary seek qualified legal advice.
                  I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.




                  Comment


                  • #39
                    Re: Lowell V MarcToystory

                    Well the post arrived today along with a letter from Lowells solicitors. It's a copy of the bank statement this debt is bank charges for returned dd.
                    They say they will not be a credit agreement as the debt relates to a current account although the POC states regulated agreement.
                    It also says they informed me of this on the 3rd June..they did not.
                    It says they have enclosed the default notice but I can't see it..and they will not send the deed of assignment.
                    And they will not respond to any further letters re these documents. And the matter is now progress through small claims track. The charges are accumulated to 900+ from oct to Jan!
                    What do I do now

                    Comment


                    • #40
                      Re: Lowell V MarcToystory

                      Also just gone through the statement and seen a 260 dd that went out to o2 but never came back into reduce the balance. The account was already overdrawn by this point and all the other dd round it have been returned but not this one making the debt higher??

                      Comment


                      • #41
                        Re: Lowell V MarcToystory

                        Notice of assignment - you will not see a Deed of assignment!

                        Comment


                        • #42
                          Re: Lowell V MarcToystory

                          I didn't ask for the deed of assignment in my letter they have just put that in theirs. They have sent bank statements and a screen shot of what looks like lowells internal system with my address details.

                          Comment


                          • #43
                            Re: Lowell V MarcToystory

                            Originally posted by marctoystory View Post
                            I didn't ask for the deed of assignment in my letter they have just put that in theirs. They have sent bank statements and a screen shot of what looks like lowells internal system with my address details.
                            will not send the deed of assignment. your comment!

                            Comment


                            • #44
                              Re: Lowell V MarcToystory

                              Sorry I was just putting what they had put in the letter.

                              Comment


                              • #45
                                Re: Lowell V MarcToystory

                                Originally posted by marctoystory View Post
                                Sorry I was just putting what they had put in the letter.

                                quote one for all purpose no doubt by them!

                                Comment

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