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Thread: Lowell v Hairbear

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  1. #1
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    Default Lowell v Hairbear

    Hi Beagles
    That dreaded brown envelope from Northampton dropped through the mail box.
    This is connected to a Amazon credit card I took out in 2006
    The last payment to the card was 6-1-2011

    I have completed the Acknowlegement of claim at Moneyclaim (19-2-2017)
    I had already sent a CCA request and reiceved a copy of the credit agreement and some sheets of terms and conditions

    I also sent a SAR to HBOS for information.

    I will send a CPR letter off tomorrow

    I would be grateful of any advice

    Thanks Hairbear
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    Default Re: Lowell v Hairbear

    Quote Originally Posted by hairbear View Post
    This is connected to a Amazon credit card I took out in 2006
    The last payment to the card was 6-1-2011
    Some quick questions

    The POC don't state the date of the Default Notice. Did you receive a DN and what was the issue date and remedy date if you did?

    You say your last payment was 6th January 2011. How was that payment made? From your bank account or from a third party such as through a DMP?

    What is the claim Issue Date on the N1 (it looks like 15th February 2017)?

    I'm asking these questions in case this debt may be Statute Barred. (Do you live in Scotland?)

    You've sent a SAR to HBOS - have you received the paperwork?

    One final question (sorry) but can you remember how you opened this Amazon credit card account?

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

    This forum’s site rules don’t 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

  3. #3
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    Default Re: Lowell v Hairbear

    Hi Diana Thank you for your quick reply

    The claim issue date is the 15th February 2017

    I have received my sar paperwork from HBOS

    I think I applied for the orignal Amazon credit card by post from a application that came through the post as junk mail.

    The last payment I made was from a bank account and I have statements to prove it

    I do not live in Scotland

    I am not to sure about the default date but I have attched of a letter that might be it

    Also this account has also been subject to a Statutory demand that that failed thanks to the wonderful members of this team (luv you guys)

    Thanks Diana and I look forward to your reply
    Hairbear
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    Default Re: Lowell v Hairbear

    Did you have a thread on the forum for your Statutory Demand because I can't find one?

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

    This forum’s site rules don’t 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

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    Default Re: Lowell v Hairbear

    Hi Diana after my original letter the case was dealt directly with Kate Brisco who was brilliant. I can try to find the paperwork if it helps.

  6. #6
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    Default Re: Lowell v Hairbear

    Quote Originally Posted by hairbear View Post
    Hi Diana after my original letter the case was dealt directly with Kate Brisco who was brilliant. I can try to find the paperwork if it helps.
    The paperwork may help since I'm guessing the Statutory Demand was disposed of by proving that there were triable/arguable legal issues which should be dealt with in the county court not by a petition for BR.

    With any luck there may be something in the SD paperwork where the (now) Claimant admits something which could prove helpful to this case.

    Why not ask @Celestine to take a look at this situation for you.

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

    This forum’s site rules don’t 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

  7. #7
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    Default Re: Lowell v Hairbear

    Hi Diana
    I have messaged Celestine and are awaiting a reply

    I have not had a reply for my CPR request

    I have been reading the basic defence, I also waded through the SAR from HBOS (see Photo I feell guilty a good few trees paid the price for this) and I can not find a copy of the default notice like the original I posted. If they can not produce this could I also consider it being staute barred.
    If you think there is aything else I need to be doing I would be grateful for your advice
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  8. #8
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    Default Re: Lowell v Hairbear

    Blimey, that's worth the £10 isn't it !

    I've asked Celestine to look in
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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  9. #9
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    Default Re: Lowell v Hairbear

    I think that may be an attempt to baffle with bs.

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    Default Re: Lowell v Hairbear

    Have you found a copy of the original credit agreement in that paper mountain? If so, does it bear any relation to the CCA response from Lowell?

    That does not look like a default notice, the big words DEFAULT NOTICE, seem to be missing.

    I'll look forward to receiving your email with the stat demand WS so I can recall the details of the case.
    :beagle:
    "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

    I am proud to have co-founded LegalBeagles in 2007

  11. #11
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    Default Re: Lowell v Hairbear

    Hi Beagles
    Received response to CPR only the agreement and and statements were included, no letter of assignment or default notice (see attached cover letter).

    Celestine has seen the CCA response and is of the opinion that it is compliant.

    It seems that my way forward will be to negotiate a settlement but also a enter a defence

    I would be grateful for suggestions and also a link to a letter i can use to create a letter of negotiation

    Thanks for your help
    Hairbear
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  12. #12
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    Default Re: Lowell v Hairbear

    Defence points:

    No default notice
    CCA is not executed (but is identical to an executed copy)
    No assignment
    No statement of account??

    Negotiate hard xxx
    :beagle:
    "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

    I am proud to have co-founded LegalBeagles in 2007

  13. #13
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    Default Re: Lowell v Hairbear

    Quote Originally Posted by hairbear View Post
    The claim issue date is the 15th February 2017

    The last payment I made was from a bank account and I have statements to prove it

    Quote Originally Posted by hairbear View Post
    I can not find a copy of the default notice like the original I posted. If they can not produce this could I also consider it being staute barred.

    When was that last payment?

    In post # 3 you've uploaded a letter from HBOS dated 18th March 2011 which refers to your non payment of the contractual amount for the previous two months. So perhaps your last payment was 14th January 2011 (or before)?

    It's possible that your next contractual payment would have been 14th February 2011.

    The claim was issued on 15th February 2017.

    If the Claimant wants to play the DN card then it may not be SB but since you say there is no DN at the moment they may have some difficulty.

    When you look at the 'Transaction Log' in your HBOS SAR does it note that a DN was issued and sent/served?

    A SAR is between you and the creditor. It's private. Lowells may not have access to the same information. It's their job to prove their case and to do that they need the paperwork.

    I wouldn't begin to negotiate until after you've filed your Defence.

    If it transpires you haven't got a legal leg to stand on then you can always negotiate using the free telephone Mediation service offered by the court which is only available to you once you've filed a Defence (and the other party is willing to Mediate too.)

    A Mediation settlement is legally binding but it's not a CCJ.

    Check out the SB potential first if I were you.

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

    This forum’s site rules don’t 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

  14. #14
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    Default Re: Lowell v Hairbear

    H Diana thank you very much for your reply, my last payment into this account was on the 06-01-2011

    The next payment was to reach them as you suggested on the 14-02-2011

    I have waded through the paperwork and do not have a transaction log only statements and a memo log I have not found anything regarding the default noticebut I will have another look.

    Would they need to have a default, notice having produced statements with my last payment
    How would I include this into my defence.
    Thanks for your time and help
    Hairbear

  15. #15
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    Default Re: Lowell v Hairbear

    When is your Defence deadline? It'll be 33 days from the Claim Issue date.

    Someone on the forum will help you finalise it if you post up a draft for comment.

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

    This forum’s site rules don’t 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

  16. #16
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    Default Re: Lowell v Hairbear

    Thanks Diana

    I have made a start on the defence it seems very basic but if any one can help I would be very grateful

    1: I received the claim xxxx from the Northampton County Court on xxxx

    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 a Credit Cardagreement regulated under the Consumer Credit Act 1974.s admitted/denied] that the Defendant has [previously] entered into [an aeement/agreements] with [Original Creditor /Claimant] for provision of credit.

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

    5. The Claimants statement of case states that the account was assigned from HBOS PLC toLowell Portfolio LTD on24/06/2013. The Defendant does not recall receiving notice of this assignment.

    6. It is denied that HBOS PLC 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.

    7: On the 19/02/2017 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Lowell Solicitors LTD. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

    8. Lowell Solicitors LTDhas not sent The Default Notice or the Notice of Agreement.



    9. 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.

    10. 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.

    11. 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.

    12. 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 …………………………………………


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    Default Re: Lowell v Hairbear

    If anyone geta chance could the have a lookover the defence in my last post

    Thanks

    Hairbear

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    Default Re: Lowell v Hairbear

    Hi anyone please take the time to look at my defence (2 posts back)

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    Default Re: Lowell v Hairbear

    Not too sure about #8.
    What haven't they sent?
    The Notice of Assignment or the agreement?
    CAVEAT LECTOR

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    Default Re: Lowell v Hairbear

    Thanks Charitynjw

    Typo should have been Notice of Assignment
    Any other advice

    Thanks
    Hairbear

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    Default Re: Lowell v Hairbear

    This was the defence I filed


    IN THE NORTHAMPTON COUNTY COURT (CCBC)

    CLAIM NO xxxxxx CLAIMIANT

    AND xxxxxxx DEFENDANT


    1.I received the claim xxxxxxxx from the Northampton County Court

    on 17-02-2017

    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 a Credit Card agreement regulated
    under the Consumer Credit Act 1974.

    4. I neither admitted nor denied that the Defendant has previously
    entered into an agreement with Egg Banking plc for provision of
    credit.

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

    6. The Claimants statement of case states that the account was
    assigned from HBOS PLC to Lowell Portfolio LTD on 24/06/2013. The
    Defendant does not recall receiving notice of this assignment.

    7. It is denied that HBOS PLC 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.

    8. On the 19/02/2017 I sent a request for inspection of documents
    mentioned in the claimants statement of case under Civil Procedure
    Rule 31.14 to Lowell Solicitors LTD. I requested the Claimant
    provide copies of the Agreement, Default Notice and Notice of
    Assignment.

    9. Lowell Solicitors LTD has not sent The Default Notice or the
    Notice of Assignment.


    10. 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.

    11. 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.

    12. 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.

    13. 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.

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    Default Re: Lowell v Hairbear

    I received this reply from Lowell, I think I now need to negotiate with them any suggestions or links to letters I could use to base a reply on.

    Thanks

    Hairbear
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    Default Re: Lowell v Hairbear

    I received this reply ( see last post) from Lowell, I think I now need to negotiate with them any suggestions or links to letters I could use to base a reply on.

    Thanks

    Hairbear

  24. #24
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    Default Re: Lowell v Hairbear

    You have acknowledged the claim and submitted a defence to it haven't you ?

    That letter is a 'we don't know whats going on' letter which I really wouldn't worry about. They can't just get a CCJ once you have defended - they have to respond to your defence. They do that to the court and then you should hear from the court. Did you get a letter from the court saying ' this is now a defended claim' and details of when the claimant had to respond by ?(28 days). Basically that letter from Lowell is not in response to your defence.

    They haven't sent you copies of your documents as yet have they ? Stick with it
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    ****If you upload documents to your thread, please ensure you have redacted any personal data FIRST***

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors and Legal Services Providers offering fixed fees on our sister site - LBcompare.co.uk

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    Default Re: Lowell v Hairbear

    Quote Originally Posted by Amethyst View Post
    You have acknowledged the claim and submitted a defence to it haven't you ?

    That letter is a 'we don't know whats going on' letter which I really wouldn't worry about. They can't just get a CCJ once you have defended - they have to respond to your defence. They do that to the court and then you should hear from the court. Did you get a letter from the court saying ' this is now a defended claim' and details of when the claimant had to respond by ?(28 days). Basically that letter from Lowell is not in response to your defence.

    They haven't sent you copies of your documents as yet have they ? Stick with it
    Thanks for your reply Amethyst
    Recieved the courts confirmation of my defence on March 20th.
    Lowell still have not sent documents so I will sit tight

    Thanks for your time and help

    Hairbear

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