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    Audiocash's Avatar

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    Default Court Claim - defence submitted recieved Directions questionaire

    Received a claim? : Yes
    Issue Date: 16th May 2017
    Amount approx: £571
    Claimant: Lowell Portfolio 1 ltd
    Solicitor: Cohen Cramer Solicitors
    Original Creditor: Shop Direct

    Particulars of Claim:

    The Claim is for £xxx.xx
    due by the defendant under a agreement regulated by the Consumer Credit Act 1974 for a shop direct account with an account number xxxx xxxx

    The defendant failed to maintain contractual payments required by the agreement and a default notice was served under s.87(1) of the consumer credit act 1974 which has not been complied with

    The debt was legally assigned to the claimant on 12/Aug/2011 notice of which has been given to the defendant.

    The claim includes statutory interest under S.67 of the County Court Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue if these proceedings in the sum of £xx.xx

    The Claimant claims the sum of £xxx.xx

    Is the debt Statute Barred? Due to go Statue barred 10/Aug/2017

    List any letters you have sent:

    16/3 Statue Barred Letter - Received a copy of credit agreement no Signature just typed name advised not statue barred as assigned on the 11/Aug 2011

    7/5 - Pre Action Conduct - Section 7 Exchanging Information before starting proceedings
    24/5 - CPR18 request for further information sent to Solicitor



    Good Evening Legal Beagles,

    This is my first post to your site. I have been reviewing your forums for some time. I have received a court claim. Acknowledge the service and submitted my defence. The only documentation I have received is a credit agreement no signature just a printed name. I believe this account was taken out by my Ex fraudulently.

    ​The claimant solicitor has not supplied any documentation in my Pre action or CPR 18 Request all that I have had a response to is my pre action protocol letter that documents will be disclosed on or before as directed by the court

    I had sent a CPR 18 letter to the solicitor and had no further correspondence from them and now my defence has been submitted I received a letter from the court to advise acknowledgment of the defence and it was being sent to the claimant to respond within 28 days or it can be stayed.

    Today I have received a directions questionnaire stating it appears to be suitable for the small claims track and I am advised that I must respond by 20th July

    I need some help with this next stage please. Do I agree that its due to goto small claims mediation. What does this look like and how to proceed?

    Thank you for your help and Guidance

    Audiocash









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    Default Re: Court Claim - defence submitted recieved Directions questionaire

    Hello Again,

    Today I received a letter from Cohen Cramer stating

    We have been served with a copy of my defence filed in these proceedings.

    Please note that as this claim is now defended it is now being transferred to our client to be dealt with by their in house legal departments

    Is this normal practise? In a previous claim that I defended there was never any need of this to be transferred back to the client and the proceeding were struck out in my favour!!

    Thanks for your help with this and what to do with the direction questionnaire

    Regards

    Audiocash

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    Default Re: Court Claim - defence submitted recieved Directions questionaire

    Happens in a lot of cases passed back into house solicitors

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    Default Re: Court Claim - defence submitted recieved Directions questionaire

    Thanks Mike for the info.

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    Default Re: Court Claim - defence submitted recieved Directions questionaire

    Is the DQ which you have received sent to you by the court, or is it the copy which is sent by the Claimant/sols?
    If it is via the court you will need to complete it & send it back to the court by the stated deadline, plus send a copy to the other party/solicitor.
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    Default Re: Court Claim - defence submitted recieved Directions questionaire

    What was the date of the default notice?

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    Default Re: Court Claim - defence submitted recieved Directions questionaire

    Hello Ostell, Default notice on my credit report was 10/08/2011

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    Default Re: Court Claim - defence submitted recieved Directions questionaire

    Hello charitynjw,

    Thank you for your reply. I have received it directly from the court! At the weekend I received a letter from Lowell Solicitors with a copy of their response where they have sent it to the court.

    Their DQ states to the questions

    Do you agree to case being referred to the small claims Mediation Service A1 = Yes
    Do you agree that the small Claims track is the appropriate Track for this case C1 = Yes
    Hearing Venue = Not completed
    Expert advice D2 = No
    Witness D3 = 0
    Hearing D4 = No

    I have sent letter to the claimants original solicitor of Pre Action Protocol and also CPR 18 no response. The only question I am stuck on is C1 as they have not supplied any proof of legal ownership as requested under pre action and also CPR18.

    Should I be putting no in this box and state my reason as per my defence that they did not provide the documents I requested?

    Thanks for your help

    Kind regards

    Audiocash



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    Default Re: Court Claim - defence submitted recieved Directions questionaire

    Have you had official notification of change of solicitor yet?
    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

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    Default Re: Court Claim - defence submitted recieved Directions questionaire

    Quote Originally Posted by charitynjw View Post
    Have you had official notification of change of solicitor yet?
    I had a letter from Cohen Cramer on the 29th June saying that the claim is now defended it has been passed back to the in the house solicitors!

    Then I recieved a letter from the In house with a copy of their DQ

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    Default Re: Court Claim - defence submitted recieved Directions questionaire

    That is not sufficient, really.
    If it were me I'd phone the court to see if they have been officially notified of the change.
    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

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    Default Re: Court Claim - defence submitted recieved Directions questionaire

    Quote Originally Posted by charitynjw View Post
    That is not sufficient, really.
    If it were me I'd phone the court to see if they have been officially notified of the change.
    Good Morning,

    Would I call Northampton regarding this? I did find it strange that it was passed back to the in house solicitors? Is there anything I should be saying directly to the court when I make this call? Is this something that I can use later on when it moves to its next stage?

    Sorry for all of the questions!!

    Regards,

    Audiocash

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    Default Re: Court Claim - defence submitted recieved Directions questionaire

    Hi

    Yes, 'phone Northampton CCBC.
    It could be that they have already been advised but the paperwork is still in the 'pending' pile.....from what I hear there is quite a backlog there.
    But dotting 'i's' & crossing 't's', until you are officially informed of the change, their legal rep remains that person or firm which is nominated on the claim form. If the Claimant wants to change horses, it's up to them to sort out the legal technicalities.
    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

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    Audiocash's Avatar

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    Default Re: Court Claim - defence submitted recieved Directions questionaire

    Quote Originally Posted by charitynjw View Post
    Hi

    Yes, 'phone Northampton CCBC.
    It could be that they have already been advised but the paperwork is still in the 'pending' pile.....from what I hear there is quite a backlog there.
    But dotting 'i's' & crossing 't's', until you are officially informed of the change, their legal rep remains that person or firm which is nominated on the claim form. If the Claimant wants to change horses, it's up to them to sort out the legal technicalities.
    Hi,

    Thanks again for your help will get onto the Northampton CCBC to check.

    On the claim form the Claimant is Lowell however the address to send documents and payments (if different) Is Cohen Cramer Solicitors.

    In regards to the DQ would I return it to Cohen or Lowell Solicitors?

    The only point I am stuck with is Section C1 on the DQ Should I choose Yes or No. The Claimant has not provided any of the documentation I asked for in my Pre action Protocol and also my CPR18 request. Or is this something I should bring up with the mediator?

    Thanks for your help once again

    Audiocash

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    charitynjw's Avatar

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    Default Re: Court Claim - defence submitted recieved Directions questionaire

    C1 is to give your preference for the track.
    A case such as yours will virtually certainly be Small Claims.

    Bring up lack of documentation with the Mediation Service &, if still applicable at the time, in your Witness Statement (in due course).

    Contact the court re change of sols, but if in doubt, carry on with Cohens until you are officially advised otherwise.
    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

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    Default Re: Court Claim - defence submitted recieved Directions questionaire

    Hi
    i am just curious as to what your defence is

    Did you send a formal CCA request with the appropriate fee to the claimant ?

    You say you sent a CPR18 request - what did you ask for in it?

    Was your initial advice from a now defunct website/forum

    The answer they gave about it couldn't be statute barred because it was assigned in August is utter hokum and the date on yoru credit file may also be a red herring

    Can you remember when the last payment was made?

    It may be worth sending a SAR to shop direct or at the very least giving them a call to ask when the last payment was actually made

    - - - Updated - - -

    By the way, if you intend to attend your local court i believe you should put 1 in the number of witnesses but I stand to be corrected

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    Default Re: Court Claim - defence submitted recieved Directions questionaire

    put 1 i.e. that is you!

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    Default Re: Court Claim - defence submitted recieved Directions questionaire

    Quote Originally Posted by warwick65 View Post
    Hi
    i am just curious as to what your defence is

    Did you send a formal CCA request with the appropriate fee to the claimant ?

    You say you sent a CPR18 request - what did you ask for in it?

    Was your initial advice from a now defunct website/forum

    The answer they gave about it couldn't be statute barred because it was assigned in August is utter hokum and the date on yoru credit file may also be a red herring

    Can you remember when the last payment was made?

    It may be worth sending a SAR to shop direct or at the very least giving them a call to ask when the last payment was actually made

    - - - Updated - - -

    By the way, if you intend to attend your local court i believe you should put 1 in the number of witnesses but I stand to be corrected

    Hi Warwick,

    I didn't send a CCA request as Lucas credit had sent a copy of the agreement after my Statue barred letter!!

    In my CPR 18 request I asked of the below

    1.The agreement/contract, including the specific Terms at the point the alleged Agreement was made and any subsequent changes. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the originals should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.
    2.The deed of assignment
    3.The notice of assignment
    4.The default warning letter
    5.The default notice


    Yes my initial advice was from GOODF I have successful had a claim struck out before from the advice on non production of documents! So followed the same process but without the CCA request as an agreement had been sent prior to Pre action.


    I managed to speak with an advisor at shop direct and the last payment made to the account was on 3rd January 2011

    Do you think it is worth sending a SAR to shop direct?

    Thank you for your help

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    Default Re: Court Claim - defence submitted recieved Directions questionaire

    Quote Originally Posted by charitynjw View Post
    C1 is to give your preference for the track.
    A case such as yours will virtually certainly be Small Claims.

    Bring up lack of documentation with the Mediation Service &, if still applicable at the time, in your Witness Statement (in due course).

    Contact the court re change of sols, but if in doubt, carry on with Cohens until you are officially advised otherwise.

    Thank you for the advice so to be clear officially advised would be the court telling me not Cohen or Lowell?

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    Default Re: Court Claim - defence submitted recieved Directions questionaire

    Quote Originally Posted by Audiocash View Post



    Hi Warwick,

    I didn't send a CCA request as Lucas credit had sent a copy of the agreement after my Statue barred letter!!

    In my CPR 18 request I asked of the below

    1.The agreement/contract, including the specific Terms at the point the alleged Agreement was made and any subsequent changes. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the originals should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.
    2.The deed of assignment
    3.The notice of assignment
    4.The default warning letter
    5.The default notice


    Yes my initial advice was from GOODF I have successful had a claim struck out before from the advice on non production of documents! So followed the same process but without the CCA request as an agreement had been sent prior to Pre action.


    I managed to speak with an advisor at shop direct and the last payment made to the account was on 3rd January 2011

    Do you think it is worth sending a SAR to shop direct?

    Thank you for your help
    Hi Warwick,

    My defence below

    Defence

    I. 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
    £xxx.xx

    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 Friday 12th August 2011’ 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 Friday 12th August
    2011(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.

    IX. Also in my defence, I am not a Solicitor and after having read
    the Particular of Claim I cannot see any legislation has been
    quoted in support of the Claimants claim against me, which leaves
    me unsure under which Statutory Instrument this claim has been
    brought. Therefore, again to be able to properly defend this claim
    I would request full details of the actual legislation the
    Claimant believes gives them a right to make this claim, as surely
    no claim can succeed without this being quoted in the Particulars
    of the claim?

    Statement of Truth

    I believe the facts stated in this defence are true.

  21. #21
    charitynjw's Avatar

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    Default Re: Court Claim - defence submitted recieved Directions questionaire

    The solicitors should send you notification.
    The court usually confirms.
    CPR 42
    https://www.justice.gov.uk/courts/pr...l/rules/part42
    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

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    Default Re: Court Claim - defence submitted recieved Directions questionaire

    As last payment was made on 3rd Jan 2011 and claim issued 16th May 2017, isn't it statute barred?
    Assignment date has no effect in spite of that funny assertion.

    Or have I missed something?

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    Default Re: Court Claim - defence submitted recieved Directions questionaire

    I would agree with Des that the account may well be statute barred

    I have noticed one glaring contradiction

    You have not sent a CCA request off yet you use it in your defence

    For a CCA request to be effective you have to send the formal request off with the appropriate £1 fee. Then they need to produce a copy of , or a reconstituted copy of the original agreement, the terms and conditions at inception and at default as well as a statement saying what the balance outstanding is

    I have seen much worse defences from GOODF but I sometimes think the debt purchasers see them and think easy mark because some of the info that site gave out was pure rubbish ( there were some very useful people who dealt with court claims though)


    One last question- the agreement that Lucas sent you was it signed?

    In either case when was the account opened?

    I must also ask, you say you believe the account was opened fraudulently - quite a serious allegation and if you are going to use it you need to make a complaint to the police - or so I believe
    Making it a criminal matter is a whole new can of worms

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    Default Re: Court Claim - defence submitted recieved Directions questionaire

    Quote Originally Posted by warwick65 View Post
    I would agree with Des that the account may well be statute barred

    I have noticed one glaring contradiction

    You have not sent a CCA request off yet you use it in your defence

    For a CCA request to be effective you have to send the formal request off with the appropriate £1 fee. Then they need to produce a copy of , or a reconstituted copy of the original agreement, the terms and conditions at inception and at default as well as a statement saying what the balance outstanding is

    I have seen much worse defences from GOODF but I sometimes think the debt purchasers see them and think easy mark because some of the info that site gave out was pure rubbish ( there were some very useful people who dealt with court claims though)


    One last question- the agreement that Lucas sent you was it signed?

    In either case when was the account opened?

    I must also ask, you say you believe the account was opened fraudulently - quite a serious allegation and if you are going to use it you need to make a complaint to the police - or so I believe
    Making it a criminal matter is a whole new can of worms
    Hi Warwick,

    I have seen in other threads on the forum that a CCA request could be still sent off now is this correct?

    I didn't send a CCA request as Lucas sent a credit agreement I didn't see the point in asking for this again.

    After my Statue barred letter they sent an agreement with no signature just my name typed in the box!

    In my CPR 18 Request I did request an original copy of the agreement as above. Which Is why I left this in the defence!

    The account was opened on 16/08/2010.

    I have no record of this account however my EX had opened a lot of accounts in my name as she had previously gone bankrupt and while I was at work was intercepting the post and making payments etc

    thank you for your help it is much appreciated

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    Default Re: Court Claim - defence submitted recieved Directions questionaire

    I would certainly get that CCA request off asap

    I know the reasoning why the CPR 18 request was used in place of the CPR 31.14 request however from my understanding it was flawed logic - however that is irrelevant now

    I feel you have a serious conflict here- if you make an assertion the account was opened fraudulently , you would then have to make a complaint to the police which could bring a whole new level of pain for your ex and it may not be easy to prove

    It sounds like the account was opened online where a tick box is all that is required for a signature

    Again, I stand to be corrected but i think you have misinterpreted what original documents mean - they do not mean the actual original documents but the documents that were copied to include in the witness statement

    I think a SAR would still be useful to show when the last payment was.

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