• Welcome to the LegalBeagles Consumer and Legal Forum. Please register to get the most out of the forum. Registration is free and only needs a username and email address.
  • GUIDES & LETTERS

    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

    PLEASE DO NOT SEND THINGS WITHOUT READING THEM FIRST. IF YOU DO NOT UNDERSTAND SOMETHING - ASK !! - We LIKE QUESTIONS !!!

    We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
    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.

Announcement

Collapse
No announcement yet.

Lowell DQ stage

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Lowell DQ stage

    Hi everyone, I would very much appreciate if you could help me through a claim from Lowell that is being made against me. This has been ongoing since October last year. I will cut the long story short, I have filed my defence to include request for CPR 18 for further information and CCA last year asking for deed of assignment and default notice e.t.c. Since then I only received one letter from Lowell with the usual we are requesting your documents bla bla. Anyway the claim was stayed around December time as no contact even till this date has been made from Lowell.

    I received a DQ from the court few days ago dated 1st March bearing in mind that on the moneyclaim site still no contact from Lowell is listed nor have I received any DQ from Lowell, now I am in the understanding that it is best to fill this out agreeing to mediation then when they contact inform the court that I have not been sent the documents I requested thus them returning back to the court.

    I just want to know if there is anything I can do to help me carry on with this with regards to the no communication from Lowell since that last letter back in November informing they are requesting my documents. This debt is not stature barred in anyway it defaulted around June 2015 and the amount is for just over 4000 including court costs.

    I just don't want to make a mistake at this stage that could go against me in anyway. Thanks and I hope I can go on this journey with help from the more informed peeps on this site and get rid of these buggers.
    Tags: None

  • #2
    Re: Lowell DQ stage

    Originally posted by skinnyg View Post
    Hi everyone, I would very much appreciate if you could help me through a claim from Lowell that is being made against me. This has been ongoing since October last year. I will cut the long story short, I have filed my defence to include request for CPR 18 for further information and CCA last year asking for deed of assignment and default notice e.t.c. Since then I only received one letter from Lowell with the usual we are requesting your documents bla bla. Anyway the claim was stayed around December time as no contact even till this date has been made from Lowell.

    I received a DQ from the court few days ago dated 1st March bearing in mind that on the moneyclaim site still no contact from Lowell is listed nor have I received any DQ from Lowell, now I am in the understanding that it is best to fill this out agreeing to mediation then when they contact inform the court that I have not been sent the documents I requested thus them returning back to the court.

    I just want to know if there is anything I can do to help me carry on with this with regards to the no communication from Lowell since that last letter back in November informing they are requesting my documents. This debt is not stature barred in anyway it defaulted around June 2015 and the amount is for just over 4000 including court costs.

    I just don't want to make a mistake at this stage that could go against me in anyway. Thanks and I hope I can go on this journey with help from the more informed peeps on this site and get rid of these buggers.
    Anybody ?

    Comment


    • #3
      Re: Lowell DQ stage

      Hi skinnyg & welcome to LB.

      If that DQ has been issued by the court, you should respond per instructions & by the stated deadline.
      What did you ask for in your CPR 18?
      Did you send a CPR 31.14 request to the Claimant's sols?
      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


      • #4
        Re: Lowell DQ stage

        Originally posted by charitynjw View Post
        Hi skinnyg & welcome to LB.

        If that DQ has been issued by the court, you should respond per instructions & by the stated deadline.
        What did you ask for in your CPR 18?
        Did you send a CPR 31.14 request to the Claimant's sols?
        Hi and thanks for replying

        Ok, so I just should agree to mediation on the form then?

        In my CPR 18 I used a template modified :

        1.Theagreement, including the specific Terms at the point the allegedAgreement was made and any subsequent changes. You will appreciate byreason of the provisions of CPR 39.a (3.3) requires Theoriginals of the documents contained in the trial bundle, togetherwith copies of any other court orders should be available at thetrial.Further, that any general conditions incorporated in the contractshould also be attached.

        2.Thedeed of assignment and/or the deed of Novation
        3.Thenotice of assignment
        4.Thedefault warning letter
        5.Thedefault notice
        5.1Termination Notice

        This was sent to the solicitors yes, and I also sent a CCA request to Lowell them selfs, Lowell did not reply but the solicitor did back last year, explaining they are looking for the documents e.t.c There is more to the letter of course but those are the specifics I asked for

        Also I noticed on moneyclaim site that there is no communication from lowell, i.e DQ sent to claimant, surely there should be some communication from them :

        Claim HistoryYour defence was submitted on 15/11/2016 at ...


        Your defence was received on 16/11/2016 at ...


        DQ sent to you on 01/03/2017

        Edited times for anonymity

        Last edited by skinnyg; 7th March 2017, 19:48:PM.

        Comment


        • #5
          Re: Lowell DQ stage

          It is usually best to agree to mediation.
          If the Claimant/sols have not provided you with requested disclosure documents, Mediation Service, when they contact you, will probably not be willing to mediate, in which case they will inform the court & the case will proceed accordingly.

          What is the alleged debt for? (Credit card, loan, overdraft, mobile phone etc.).
          Who was the original creditor?
          If possible, could you post up a copy of the Particulars of Claim & your filed defence? (Redact personal identifiers).
          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


          • #6
            Re: Lowell DQ stage

            It is for a credit card of around 3750 but now with added court costs of course so around 4000, the original creditor is Lloyds. The only default I have on my report is from Lowell nothing from Lloyds.

            Here is my original defence :

            The Defendant denies monies are owed to the Claimant as alleged in
            the Particulars of Claim and does not recognise the assertion that
            any debt has been Legally Assigned to the Claimant and as such the
            Claimant is put to the strictest of proof, including but not
            limited to:

            I. Pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974)
            the Original Signed Consumer Credit Agreement, along with a copy
            of the original Terms & Conditions and any subsequent changes in
            said Terms & Conditions (referred to as the ‘Regulated Agreement’
            within the Particulars of Claim) and show how the Defendant has
            entered into an agreement.

            II. Show how the Claimant has reached the amount claimed by
            proving a full Statement of the Account referred to, including
            details of all payments made and calculation of how interest was
            charged against each item listed, leading to the Alleged Debt of
            40**.**

            III. Also, as this is an Alleged Debt, I believe Penalty Charges
            may have been applied to the Account and as such may be unlawful
            under the Unfair Consumer Contract Terms Regulations 1999.
            Therefore, I would request details of each and every Penalty
            Charge applied to the Account along with details of their
            lawfulness (i.e. if the charge is stated as being for
            ‘Administration’ what Administration was undertaken to support the
            Penalty Charge being applied) along with details of any Interest
            imposed against each Penalty Charge applied.

            IV. Show how and when the agreement was breached and provide
            notice by way of Notice of Sums in Arrears served by the Original
            Owners along with a copy of the Default Notice from the original
            owners of the Alleged Debt and Certified Copies of how this was
            served upon the Defendant.

            V. Show how the Claimant has the legal right, either under statute
            or equity to issue a claim by providing the following:


            a) A copy of the Default Notice referred to in the Particulars of
            Claim and Certified Copies of how this was served upon the
            Defendant, again as referred to in the Particulars of Claim.

            b) As claimant has stated the debt was ‘assigned to the claimant
            on **/08/2015' a copy of the Legal Assignment, including, but not
            limited to a copy of the Deed of Assignment and / or Deed of
            Tripartite Novation.

            c) A copy of how the Defendant was served with the aforementioned
            Legal Assignment.

            d) A copy of the Alleged Notice of Assignment sent by the original
            creditor to the Defendant and details of how this was Served upon
            the Defendant.

            e) Details of the costs paid by the Claimant to the Original Owner
            for the Alleged Assignment of the Agreement on **/08/2015 (as
            referenced in Section 1 of the Particulars of Claim).

            VI. As per Civil Procedure rules 16.5(4), it is expected that the
            Claimant prove the allegation (as set out in the Particulars of
            Claim) that the money is owed.

            VII. Also, should any amount be inclusive of interest, the
            Defendant denies interest is payable in accordance with Section 69
            of County Courts Act 1984 and again the Claimant is put to the
            Strictest of Proof.

            VIII. I would also like to take this opportunity to remind you
            under Civil Procedure Rule Part 39 PD 39a (3.3) any documents upon
            which the claimant intends to rely the ORIGINALS should be brought
            to any subsequent hearing for examination.

            1. On **th October 2016 the Claimant submitted a claim to
            Northampton County Court stating their particulars of claim.

            2. I returned the Acknowledgement of Service on **nd October 2016

            3. On **th October 2016 I wrote to the Claimants Solicitor
            requesting further information and verification of the alleged
            debt and of their alleged assignment, as well as request the
            original documents upon which the claimant intends to rely are
            brought to any subsequent hearing for examination by reason of the
            provisions of CPR 39.a (3.3).

            4. On **th October 2016 I wrote to the Claimant to request a copy
            of the agreement under section 77-79 of the Consumer Credit Act
            for which my request has been ignored.

            5. To date I have not received an acknowledgement of my CPR18 nor
            does it appear any of the requested documents have been
            forthcoming even though the letter of request has been signed for
            as per Royal Mail. I have had no contact with the claimant at any
            time.

            6. The Defendant denies the claim and I have tried to ascertain
            the validity of the alleged claim. However, the Claimant has
            failed to answer any of my questions or respond in a reasonable
            time frame.

            I respectfully request the Claimant's claim be Struck Out due to
            their lack of evidence, or Struck Out with prejudice as the
            agreement is unenforceable due to a lack of an agreement or
            production of requested original documents.

            Statement of Truth

            I believe the facts stated within this defence to be true.

            ********* **/**/2016



            Just trying to dig out the original claim letter with the particular of claims for you also , thank you very much
            Last edited by skinnyg; 7th March 2017, 20:30:PM.

            Comment


            • #7
              Re: Lowell DQ stage

              Was this defence taken from GOODF or a similar site?
              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


              • #8
                Re: Lowell DQ stage

                Yes it was, I have modified some of it though, could this be a bad thing ?

                Comment


                • #9
                  Re: Lowell DQ stage

                  Not entirely.

                  Was tripartite novation mentioned in the Particulars of Claim?

                  Also, as far as I know, the '99 Unfair Terms regs were superseded by the Consumer Rights Act 2015?
                  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


                  • #10
                    Re: Lowell DQ stage

                    Comment


                    • #11
                      Re: Lowell DQ stage

                      UTCCRs might be applicable, depends on the date of the agreement.

                      The PoC might help.
                      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


                      • #12
                        Re: Lowell DQ stage

                        Doh ! Well, the original agreement was in 2011 here are the POC from County Court claim form...

                        Comment


                        • #13
                          Re: Lowell DQ stage

                          Re the penalty charges, what makes you say that they are/were unfair?
                          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


                          • #14
                            Re: Lowell DQ stage

                            I guess my argument would be that I do not recognise any penalty charges on a debt that I do not acknowledge claimed against me from Lowell. I thought these would be in relation to the court charges/interest they are talking about. I can honestly see now I may have slightly messed up on this defence and should of probably come here for help in the first place. I could not get any straight forward help from other sites and ended up winging it a bit myself..

                            Comment


                            • #15
                              Re: Lowell DQ stage

                              Would you agree? Based on POC, lol ! I mean if this does end up in a hearing but they have no evidence could the favour sway in my way, I think I have left it open for the judge to ask many question in relation to my defence right? I mean there is just too much there ??

                              Comment

                              Loading...

                              Resolver is a free automated complaints system that can help with all kinds of consumer complaints - including missold PPI and Package Bank Accounts.

                              make a complaint

                              upgrade to vip

                              Want exclusive access to forums, more privacy and a live chat box? Upgrade to become a bigger part of our community.

                              only £15/yr

                              Offers available. No subscription traps.

                              sign up now
                              Working...
                              X