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  1. #51
    Diana M's Avatar

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    Default Re: Court Claim - defence submitted recieved Directions questionaire

    Quote Originally Posted by Audiocash View Post
    I will check out Joanna C post.
    Here it is

    Quote Originally Posted by Joanna C View Post
    This was a small consumer credit claim of around £2,000 which the Claimant persisted in taking to trial possibly hoping our client would not have representation on the day in court for such a small sum. I decided to represent my client at the trial. The claimant was represented by counsel.After heavily contested legal argument the District Judge dismissed the claim describing it as being hopeless from the start. He made an order that the claimant pay our clients costs, even though it was on the small claims track, due to Lowell's unreasonable conduct in bringing the claim. The amount of costs awarded were almost as much as Lowell's had tried to sue for.
    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

  2. #52
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    Default Re: Court Claim - defence submitted recieved Directions questionaire

    That sounds good and covering all the bases.
    Dont lose your tracking, print off the pod when you get one and keep the receipt.

    I have my browser to auto save so I can usually auto fill tracking numbers if necessary, but that is chrome and no one else uses my computer so nothing to hide 😃
    Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
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  3. #53
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    Default Re: Court Claim - defence submitted recieved Directions questionaire

    Evening all, Just a quick update still no response received from Lowell in regards to my CCA it was received on the 5/8 the signature didn't match the name on the proof of posting and a smiley face was placed next to the signature! Glad they take these things seriously!!

    Ive checked MOCL today and the case has been transferred to my local court now! just awaiting next steps!

    Is is worth sending an N244 form to the court? for an unless order?

    many thanks Audiocash
    Last edited by Audiocash; 17th August 2017 at 19:13:PM.

  4. #54
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    Default Re: Court Claim - defence submitted recieved Directions questionaire

    Good Morning Legal Beagles,

    On Saturday I received a letter for Northampton to state that the mediation team had transferred the case to my local court and district judge to review and advise on next steps.

    My question is.

    I sent a CCA request at the end of July and not had a response from the claimant yet. The 12+2 passed last Monday. Is it worth me sending copies of the this to the court also my Pre action request and CPR 18 request that has been ignored. Will this benefit my case if this information is sent in to state I have requested all of the documentation and to this date it has not been provided and the claimant has been given enough opportunity to do this!

    I know the clock stops on a debt going statue barred however this debt would have reached its 6 year limit on 10/8/2017!

    Any help or guidance you can give me would be gratefully received.

    Many thanks

    Audiocash

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    Default Re: Court Claim - defence submitted recieved Directions questionaire

    Hi there,

    As you rightly say the clock stopped on 16th May 2017 when the claim was issued, so unless/until the claim is discontinued/withdrawn, it isn't statute barred.

    The court has your defence, when your local court sets a date for the hearing it will also ask for a WItness Statement and evidence of your case. This is where you will attach copies of the letters (CCA, CPR and pre-action) and send them to the court.

    Sharon
    xx
    “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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  6. #56
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    Default Re: Court Claim - defence submitted recieved Directions questionaire

    Brilliant Thank you Sharon. Thought this maybe the case! just wasn't sure if it was something I could do before. On the last claim I defended I sent in a Unless order paid £100 and then a order was made to provide docs within 7 days or its struck out which is what happened.

  7. #57
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    Default Re: Court Claim - defence submitted recieved Directions questionaire

    Good Evening Legal Beagles,

    Today I received a response to my CCA request with a reconstituted credit agreement and a statement from Shop direct.

    Can I ask for you to look over these for me and see if there is anything I can use in my defence.

    I noted that Lowell stated their client wish to resolve the matter and would consider any payment or settlement proposal that I wish to make

    I can upload the statement from Shop direct if this helps as well. I noted from the statement that it has a note of default as of 11/8/2011

    last payment made to the account was 03/1/2011

    Thank you for you help and guidance as always

    Regards

    Audio cash
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    Default Re: Court Claim - defence submitted recieved Directions questionaire

    Quote Originally Posted by Audiocash View Post
    Brilliant Thank you Sharon. Thought this maybe the case! just wasn't sure if it was something I could do before. On the last claim I defended I sent in a Unless order paid £100 and then a order was made to provide docs within 7 days or its struck out which is what happened.
    You can do the same, but it's gone up to (ouch) £255 now !

    But might be a moot point now, just having a look at the docs you've posted xx
    “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

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

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  9. #59
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    Default Re: Court Claim - defence submitted recieved Directions questionaire

    Hi
    twoo things I don't see
    1) No statement of account although maybe you just didn't post it. It only needs to be a balance
    2) No defaulted terms and conditions but maybe the T&Cs did not change between opening in 2010 and default a year later

    Not fully read back, did you ask for the DN, have they sent it? Not even sure if it was in the POC but still relevant
    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

  10. #60
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    Default Re: Court Claim - defence submitted recieved Directions questionaire

    Well this does, unsuprisingly as it's from 2010, look compliant. Have they supplied updated terms ( although as it was less than a year before opening and defaulting I'd expect the terms to have still been the same)

    Have they responded to your Part 18 request for copies of DN and NoA ? I see you requested those preaction too? Your defence does mention the DN and NoA but not refer to the Consumer Credit Act in relation to them.

    TBH at £571 you might be as well asking for a settlement figure, unless you're in a position to pay it off within a month if it did go to a judgment, and want to hang fire see if they go ahead with a hearing on the off chance they don't....

    You MIGHT still have an argument on statute barring if that evidence they have sent you shows last payment was January 2011, as the claim was brought in May 2017. The terms don't give a specific time limit but do say that they may, if you miss a payment by the due date, subject to statutory period - sooooo you missed February's payment - they had the right under the agreement to immediately call in the debt and issue a default notice, so you COULD argue end of March... but it's tight. AND you haven't got it in your defence at all ( which is weird as you'd sent a stat barred letter before the claim was issued I think ) - unless I've missed something - it will mean amending your defence ( so asking for consent then making an application )

    You also have the issue that the account was opened by your Ex - but I don't think you wanted to go down that path, or you would have done before now, and it isn't a straightforward defence ( he said / she said / permission / compliance / not having done anything etc )

    So, see what anyone else reckons as to how to play it from here, I'm just talking from a common sense/bigger picture perspective really xxx
    “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

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

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  11. #61
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    Default Re: Court Claim - defence submitted recieved Directions questionaire

    Sorry crossed posts with Warwick xx That's me taking so damn long to type ! Least we said the same things more or less
    “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

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

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

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    Default Re: Court Claim - defence submitted recieved Directions questionaire

    yes, I was curious about the SB and date of default

    It really doesn't matter what date is recorded on the credit file or indeed what date the debt was assigned. I have some that were assigned several years after defaulting.

    I am on the train and can not read back, did you ever SAR shop direct, that would have given you the date, if any, that the debt was defaulted.

    Certainly worth an argument if you can afford to pay the CCJ off or if a CCJ doesn't really impact you.
    @Amethyst - sorry 'twas on th strain and lost the signal otherwise we would have seen much the same
    Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
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    Default Re: Court Claim - defence submitted recieved Directions questionaire

    Quote Originally Posted by warwick65 View Post
    Hi
    twoo things I don't see
    1) No statement of account although maybe you just didn't post it. It only needs to be a balance
    2) No defaulted terms and conditions but maybe the T&Cs did not change between opening in 2010 and default a year later

    Not fully read back, did you ask for the DN, have they sent it? Not even sure if it was in the POC but still relevant
    Hi Warwick,

    I have a statement of accounts will post up now!

    I have uploaded a closer version of T&C's if this helps

    Yes I asked for the DN and still have not received this and also sent a Pre Action request with no documents supplied only a response to state that Cohen had notified their client and these would be disclosed as directed by the court

    many thanks

    Audiocash
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    Default Re: Court Claim - defence submitted recieved Directions questionaire

    Quote Originally Posted by Amethyst View Post
    Well this does, unsuprisingly as it's from 2010, look compliant. Have they supplied updated terms ( although as it was less than a year before opening and defaulting I'd expect the terms to have still been the same)

    Have they responded to your Part 18 request for copies of DN and NoA ? I see you requested those preaction too? Your defence does mention the DN and NoA but not refer to the Consumer Credit Act in relation to them.

    TBH at £571 you might be as well asking for a settlement figure, unless you're in a position to pay it off within a month if it did go to a judgment, and want to hang fire see if they go ahead with a hearing on the off chance they don't....

    You MIGHT still have an argument on statute barring if that evidence they have sent you shows last payment was January 2011, as the claim was brought in May 2017. The terms don't give a specific time limit but do say that they may, if you miss a payment by the due date, subject to statutory period - sooooo you missed February's payment - they had the right under the agreement to immediately call in the debt and issue a default notice, so you COULD argue end of March... but it's tight. AND you haven't got it in your defence at all ( which is weird as you'd sent a stat barred letter before the claim was issued I think ) - unless I've missed something - it will mean amending your defence ( so asking for consent then making an application )

    You also have the issue that the account was opened by your Ex - but I don't think you wanted to go down that path, or you would have done before now, and it isn't a straightforward defence ( he said / she said / permission / compliance / not having done anything etc )

    So, see what anyone else reckons as to how to play it from here, I'm just talking from a common sense/bigger picture perspective really xxx
    Thanks Sharon,

    No response to my Pre Action request with no documents supplied only a response to state that Cohen had notified their client and these would be disclosed as directed by the court

    I think in regards to the Statue barred Lucas had sent a copy of the credit agreement so I did not proceed further on that route! Can a defence be changed if needed too.

    I dont remember anything about this account from the time the statement says 14 purchases but when looking at the payment history the last payment was high however payments before seemed to be the minimum

    I possibly could pay it off within a month If it went to court and CCJ was awarded.

    Is it worth making a proposal to them I have a letter dating 1st novmeber 2016 offering 20% off the balance and then a further letter dated 3/1/2017 offering a 40% discount and then 9th Fed 2017 they transferred it to Lucas and all of this started would it be worth making a proposal offer?

    Thank you for your help

    Audiocash

    - - - Updated - - -

    Quote Originally Posted by warwick65 View Post
    yes, I was curious about the SB and date of default

    It really doesn't matter what date is recorded on the credit file or indeed what date the debt was assigned. I have some that were assigned several years after defaulting.

    I am on the train and can not read back, did you ever SAR shop direct, that would have given you the date, if any, that the debt was defaulted.

    Certainly worth an argument if you can afford to pay the CCJ off or if a CCJ doesn't really impact you.
    @Amethyst - sorry 'twas on th strain and lost the signal otherwise we would have seen much the same
    Hi Warwick,

    No I didn't get a round to sending a SAR do you think it is worth sending off one now?

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    Default Re: Court Claim - defence submitted recieved Directions questionaire

    Hi Audiocash
    Maybe worth sending a SAR but I'm just trying to work out at what stage you are at. Looks like you have filed your DQ? Have you got a court date yet or indeed directions about WS etc ?Let me have a read back
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    Default Re: Court Claim - defence submitted recieved Directions questionaire

    I am a little confused about why you didn't plead SB- you said you received a copy of the agreement from Lucas , I am afraid I don't understand why that makes a difference. I am sure you understand but sorry I don't.

    It is getting touch and go about the SAR, maybe you could call shop direct and ask them when the DN was issued - not the date it was registered but the date it was issued. If this was at least 6 years and 18 days before the date of claim then the debt is SB but you would need to ask the claimants solicitor for permission to amend your defence. I am afraid the rest is beyond my knowledge so I will have to leave you in the hands of @Amethyst . Maybe @charitynjw can also offer some advice.

    I know what I would be doing if it was me at this point but it is not my call.
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    Default Re: Court Claim - defence submitted recieved Directions questionaire

    The statement says default date 11/08/11
    “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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    Default Re: Court Claim - defence submitted recieved Directions questionaire

    And in the defence ( don't think we have the poc?) it says

    b) As claimant has stated the debt was ‘assigned to the claimant
    on Friday 12th August 2011’ ....,


    So that was a rather quick assignment after default


    Ahh yes poc says

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

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

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    Default Re: Court Claim - defence submitted recieved Directions questionaire

    Quote Originally Posted by Amethyst View Post
    And in the defence ( don't think we have the poc?) it says

    b) As claimant has stated the debt was ‘assigned to the claimant
    on Friday 12th August 2011’ ....,




    Ahh yes poc says

    The debt was legally assigned to the claimant on 12/Aug/2011 notice of which has been given to the defendant.
    Just so I understand this does not seem quiet right to me! Shop direct defaulted it on 11/8/2011 and then legally assigned it to the claimant the day after!!

    And they still have no supplied a default notice after my request So that was a rather quick assignment after default

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    Default Re: Court Claim - defence submitted recieved Directions questionaire

    Quote Originally Posted by warwick65 View Post
    I am a little confused about why you didn't plead SB- you said you received a copy of the agreement from Lucas , I am afraid I don't understand why that makes a difference. I am sure you understand but sorry I don't.

    It is getting touch and go about the SAR, maybe you could call shop direct and ask them when the DN was issued - not the date it was registered but the date it was issued. If this was at least 6 years and 18 days before the date of claim then the debt is SB but you would need to ask the claimants solicitor for permission to amend your defence. I am afraid the rest is beyond my knowledge so I will have to leave you in the hands of @Amethyst . Maybe @charitynjw can also offer some advice.

    I know what I would be doing if it was me at this point but it is not my call.
    I think it was due to the defunct board I was a member of before! I was thinking that after my SB letter they disproved it with the credit agreement and then went down the route of starting the Pre action then the CPR 18. My last claim I dealt with was based on the claimant never turning up with any of the documentation I had asked for in the pre action and CPR 18 request
    @Amesthyst just pointed out that the statement defaulted on the 11/8/2011 and then was assigned as per the particulars of the claim on the 12/8/2011 surely this was a little to quick for this to happen!

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    Default Re: Court Claim - defence submitted recieved Directions questionaire

    @Amethyst just pointed out that the statement defaulted on the 11/8/2011 and then was assigned as per the particulars of the claim on the 12/8/2011 surely this was a little to quick for this to happen!
    Not quite.

    Ahh yes poc says

    The debt was legally assigned to the claimant on 12/Aug/2011 notice of which has been given to the defendant.
    But it doesn't state when (date) that notice was given.

    If it were me I wouldn't mention this to the Claimant/sols, though.
    'Cos if they produce a NoA dated 12/08/2011, they could be in trouble.
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    Default Re: Court Claim - defence submitted recieved Directions questionaire

    Quote Originally Posted by charitynjw View Post
    Not quite.



    But it doesn't state when (date) that notice was given.

    If it were me I wouldn't mention this to the Claimant/sols, though.
    'Cos if they produce a NoA dated 12/08/2011, they could be in trouble.
    Thanks charitynjw

    I checked through all of the paperwork I have from them on this claim and have never received a welcome letter with the assignment etc.

    Is it best to wait to see what the direction from the local court is then use the non compliance to my pre action and CPR 18 requests

    thanks Audiocash

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    Default Re: Court Claim - defence submitted recieved Directions questionaire

    Quote Originally Posted by Audiocash View Post
    Just so I understand this does not seem quiet right to me! Shop direct defaulted it on 11/8/2011 and then legally assigned it to the claimant the day after!!

    And they still have no supplied a default notice after my request So that was a rather quick assignment after default
    Sorry I missed this

    Yes it does happen, default just prior to sale- doesn't mean it's right though or legal.

    I had one card that was actually defaulted by CL finance after they had it for a year just prior to them sending me a LBA- just by chance , and it really was by chance, I sent a CCA request in response to that LBA - I didn't know any better at the time. That was in 2012 and not heard anything from them since

    Another firm waited 5 years from me entering a DMP to them actually sending a DN - was irrelavant to me as my credit file had more holes in it than an argument from PRA
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    Default Re: Court Claim - defence submitted recieved Directions questionaire

    Quote Originally Posted by warwick65 View Post
    Sorry I missed this

    Yes it does happen, default just prior to sale- doesn't mean it's right though or legal.

    I had one card that was actually defaulted by CL finance after they had it for a year just prior to them sending me a LBA- just by chance , and it really was by chance, I sent a CCA request in response to that LBA - I didn't know any better at the time. That was in 2012 and not heard anything from them since

    Another firm waited 5 years from me entering a DMP to them actually sending a DN - was irrelavant to me as my credit file had more holes in it than an argument from PRA
    what is really odd is my credit file says the default date is the 10/8/2011 Shop direct are stating it's the 11/8/2011

    There admin seems a little off to me!!

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    Default Re: Court Claim - defence submitted recieved Directions questionaire

    you make an on line deposit on say monday and they say you paid tuesday yet they send a e-mail receipt stating Monday date & time, rubbish company that lot!

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