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Lowell Portfolio Ltd v Studly

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  • #46
    Re: Lowell Portfolio Ltd v Studly

    Okie dokies, with just a few days to go before the REAL deadline at 1600 on Tue 18th April (bloody Bank Holidays eh?!?) I've tweaked the defence a little bit, primarily so it reads better I hope.

    Please feel free to submit any critical analysis!!!


    ----------------------------------------------------------

    1. I received the claim ######## issued by the Northampton County

    Court on ## Mar 2017.

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

    3. The statement of case states that the amount claimed is due
    under an agreement regulated by the Consumer Credit Act 1974 for a
    JD Williams account, reference #######.

    4. The statement of case fails to state when the agreement was
    entered into.

    5. I am of the belief that the alleged debt will be statute
    barred under the provisions of The Limitation Act 1980. The
    Claimant is put to providing unequivocal proof that the alleged
    debt is not statute barred else the claim should be struck out.

    6. The Claimants statement of case fails to give adequate
    information to enable me to properly assess my position with
    regards to the claim.

    7. The Claimants statement of case states that a Default Notice,
    pursuant to s.87(1) of the Consumer Credit Act was served. I do
    not recall receiving this Default Notice. The Claimant is required
    to prove that a compliant Default Notice was served.

    8. The Claimants statement of case states that the account was
    assigned from JD Williams to Lowell Portfolio I Ltd on ## Dec
    2012. I do not recall receiving notice of this assignment.

    9. On the ## Mar 2017 a formal request was sent to Cohen Cramer
    Solicitors for inspection of the following documents mentioned in
    the statement of case under CPR 31.14; (a) Agreement (b) Default
    Notice (c) Notice of Assignment (d) Deed of Assignment.

    10. Cohen Cramer Solicitors have not provided me with any of
    these documents.

    11. On the ## Mar 2017 a further letter was sent to Cohen Cramer
    Solicitors, requesting an agreement in writing to a 28 day
    extension (as allowed under CPR 15.5) to the time period allowed
    for the filing of my defence, pending receipt of the documents
    requested, detailed at point 9 above.

    12. The response received in a letter dated ## Mar 2017 denied
    this extension request, by virtue of the absence of any written
    agreement contained within.

    13. On the ## Mar 2017 a formal request for a copy of the
    original agreement was sent to the Claimant, pursuant to s.78 of
    the Consumer Credit Act 1974 along with the statutory £1.00 fee
    payment by Postal Order.

    14. The Claimant has failed to comply with s.78(1) Consumer
    Credit Act 1974 and by virtue of s.78(6) of the Consumer Credit
    Act 1974 cannot enforce the agreement.

    15. Under CPR 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.

    16. I request that the court orders the Claimant to provide the
    documentation requested so that I may fully plead my case else the
    Claim should be struck out.

    17. In the event that the documents are received, I will then be
    in a position to amend my defence and would ask that the court
    orders the Claimant to bear the cost of this.

    18. It is denied that the Claimant is entitled to the relief as
    claimed or at all.

    Comment


    • #47
      Re: Lowell Portfolio Ltd v Studly

      Hello again everyone! :-)

      Since filing the defence online on 18th April, we logged into today to find out a Directions Questionnaire was sent out yesterday.

      Does this mean the claimant has responded to the defence submitted or is it just the standard next step by the court?

      Comment


      • #48
        Re: Lowell Portfolio Ltd v Studly

        Originally posted by studly View Post
        we logged into today to find out a Directions Questionnaire was sent out yesterday.

        Does this mean the claimant has responded to the defence submitted or is it just the standard next step by the court?
        A Directions Questionnaire should only be sent out if the Claimant has informed the court that they intend to continue with the legal proceedings (otherwise the claim becomes stayed).

        This only happens after they (Claimant) has received your Defence.

        Di
        I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit.

        This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


        Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

        Comment


        • #49
          Re: Lowell Portfolio Ltd v Studly

          Oh Eck, would that indicate that they are confident to proceed so soon after receiving the defence?

          Comment


          • #50
            Re: Lowell Portfolio Ltd v Studly

            Originally posted by studly View Post
            Oh Eck, would that indicate that they are confident to proceed so soon after receiving the defence?
            Not necessarily - it may mean they are trying to make you blink first

            By the looks of your defence they haven't complied with your S78 request , have not supplied the Default Notice and have not supplied the notice of assignment

            Did you ever send a Subject Access Request to JD Williams - thats the one which requires the £10 fee

            Try not to worry- easier said than done I know

            My case is a couple of weeks ahead of you, DQ's sent and returned etc . I wouldn't be fighting it if I thought they realistically had a chance
            Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
            I have no formal legal training
            Any advice is offered without liability
            If in doubt take professional legal advice or contact the CAB

            Comment


            • #51
              Re: Lowell Portfolio Ltd v Studly

              Originally posted by studly View Post
              would that indicate that they are confident to proceed so soon after receiving the defence?
              Not necessarily. It could mean that they know they haven't got a legal leg to stand on so hope you'll agree to free telephone Mediation where they'll hope to secure a settlement without the need to test their evidence (such as it is) in court.

              I never like to raise or lower expectations, so just fill in the form and go with the flow

              Di
              I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit.

              This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


              Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

              Comment


              • #52
                Re: Lowell Portfolio Ltd v Studly

                Originally posted by warwick65 View Post
                Not necessarily - it may mean they are trying to make you blink first

                By the looks of your defence they haven't complied with your S78 request , have not supplied the Default Notice and have not supplied the notice of assignment

                Did you ever send a Subject Access Request to JD Williams - thats the one which requires the £10 fee

                Try not to worry- easier said than done I know

                My case is a couple of weeks ahead of you, DQ's sent and returned etc . I wouldn't be fighting it if I thought they realistically had a chance
                Hi [MENTION=98117]warwick65[/MENTION] , thanks for replying

                Yep, the SAR (& £10) was sent to JD Williams the same day as the CCA and CPR request.

                There'll be no.blinking from these ere parts! Haha

                - - - Updated - - -

                Originally posted by Diana M View Post
                Not necessarily. It could mean that they know they haven't got a legal leg to stand on so hope you'll agree to free telephone Mediation where they'll hope to secure a settlement without the need to test their evidence (such as it is) in court.

                I never like to raise or lower expectations, so just fill in the form and go with the flow

                Di
                Thanks Di, will just role with it as advised If it goes to hearing I may well get in touch with your firm.

                Comment


                • #53
                  Re: Lowell Portfolio Ltd v Studly

                  Glad to hear it [MENTION=99448]studly[/MENTION]

                  I know it is easy to let these things take over your life but it really isn't worth it

                  As the saying goes 'Take my advice because I'm not using it' :-)
                  Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
                  I have no formal legal training
                  Any advice is offered without liability
                  If in doubt take professional legal advice or contact the CAB

                  Comment


                  • #54
                    Re: Lowell Portfolio Ltd v Studly

                    Morning Peeps!

                    Well ... Still no sign of the Directions Questionnaire that MCOL indicated was sent on 26 Apr 17. On a secondary note, the 40 days for JD Williams to respond to the SAR is now up. As a result I have now drafted the following letter using the ICO website template as a quide, albeit worded slightly firmer!
                    ..........................

                    Data Protection Compliance Officer
                    JD Williams Group
                    Griffin house
                    40 Lever Street
                    Manchester
                    M60 6ES


                    Dear Sir / Madam

                    Non Response to a Subject Access Request (SAR)

                    I am writing further to my letter dated [dd mmm yyyy] in which I made a subject access request as I have not received any response whatsoever from your organisation. An additional copy of the original SAR is provided at Enclosure 1 for your reference

                    As the statutory time limit of 40 days for responding to the SAR has now expired, I would be grateful if you could now provide an immediate response to the original request.

                    If I do not receive a response from your organisation within 14 days, I shall report this matter to the Information Commissioner’s Office (ICO) with a further view to taking legal action if necessary.

                    You can find advice on the ICO’s website on how to deal with a subject access request and information on their powers and the action they can take using the references below. Alternatively you may call them on 0303 123 1113.

                    Yours faithfully

                    [My name]

                    References

                    1. ico.org.uk/sar
                    2. ico.org.uk/action


                    Enclosures

                    1. Copy of SAR Request dated [dd mmm yyyy]

                    Comment


                    • #55
                      Re: Lowell Portfolio Ltd v Studly

                      Do you have proof that the letter was delivered. It might help with your complaint
                      Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
                      I have no formal legal training
                      Any advice is offered without liability
                      If in doubt take professional legal advice or contact the CAB

                      Comment


                      • #56
                        Re: Lowell Portfolio Ltd v Studly

                        Originally posted by warwick65 View Post
                        Do you have proof that the letter was delivered. It might help with your complaint
                        Yes, I got it sent recorded delivery. Have just emailed Royal Mail today as well to trace if the Postal Order has been cashed.

                        - - - Updated - - -

                        Oh, and the DQ and Notice of Proposed Allocation arrived in this afternoon's post!

                        Comment


                        • #57
                          Re: Lowell Portfolio Ltd v Studly

                          Morning!

                          Quick question ... Is there any point in delaying the response to the DQ until nearer the deadline, or should I just fill it in and get it sent off at the earliest opportunity?

                          Have a great Sunday!

                          Comment


                          • #58
                            Re: Lowell Portfolio Ltd v Studly

                            I really don't see any point in delaying completing the DQ

                            One more job ticked off the to do list
                            Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
                            I have no formal legal training
                            Any advice is offered without liability
                            If in doubt take professional legal advice or contact the CAB

                            Comment


                            • #59
                              Re: Lowell Portfolio Ltd v Studly

                              DQ has been sent off and is now showing as filed on MCOL. Also received a copy of the Claimant's DQ through the post with a covering letter advising of a change of solicitors from Cohen Cramer to their in house outfit. Also included a copy of the relevant court form.

                              What was interesting is that the letter stated something about them waiting for the relevant information from Orange?!? I could have sworn JD Williams was the original creditor!

                              Clearly a bulk letter template being used?

                              Comment


                              • #60
                                Re: Lowell Portfolio Ltd v Studly

                                Lowell deal with so many claims it's not surprising they make mistakes. Good for you though if I'm honest.

                                Twice thry hey wrote to me saying they were enclosing the notice of assignment and reconstituted default notice, even when I replied saying it wasn't there they couldn't get it right.

                                Then they said they were waiting for the agreement which turned into 'we have already stated we will not be supplying the agreement'

                                Let's hope they keep asking orange
                                Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
                                I have no formal legal training
                                Any advice is offered without liability
                                If in doubt take professional legal advice or contact the CAB

                                Comment

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