Lowell Portfolio v Pinecone

**jaguarsuk** · 28th March 2018, 12:34:PM

Firstly, you haven't missed the deadline to file your defence. Your deadline is Sunday 1st April 2018 and when it falls on a weekend you must file before 4pm the next working day, being that Monday 2nd is Bank Holiday you have until 4pm on Tuesday to file it. Plenty of time.

In your original post please edit the account number you have listed changing it to be XXXXX as that may identify you.

When did you last make a payment to this debt either directly to very or a debt collection company?

What is the date of the default notice on your credit file?

**pinecone** · 28th March 2018, 13:05:PM

Hi JAGUARSUK,
Thanks for the info and I have edited the post, to be honest I couldn't tell you the last time I made a payment I know its not an excuse but I lost track of a lot of things a year or two ago and am only now starting to turn it round. I just logged into my Noodle Credit but this is not listed under accounts and I can't see it elsewhere.

Kind Regards,

**jaguarsuk** · 28th March 2018, 13:47:PM

Okay, the reason I was asking about payments was the fact the account was opened in 2011 and then Lowell bought it in 2013. If it's only been the last couple of years you have stopped paying the debt won't be statute barred and that is what I was trying to establish.

If you haven't already done an SAR to Shop Direct (whom are the ones who own Very Littlewoods) you should and here's how: https://legalbeagles.info/library/gu...ccess-request/

In the letter ask specifically for the consumer credit agreement dated 04/10/2011, default notice, notice of assignment to Lowell Portfolio I Ltd on 25/01/2013 and any other information you hold about me.

The point of this is that if Lowell say they need more time it'll be because they are asking for the documents from SD, but if they write back telling you they don't have the agreement how will Lowell ever get hold of it?

You have mentioned that you might want to agree a repayment plan, your best chance of reaching agreement should you choose to at that stage would be mediation. The agreement made at mediation is legally binding, but not a CCJ.

Here's a first draft of a defence (it'll need much polishing):

1.I received the claim [Claim Number] from the County Court Business Centre in Northampton on [Date you received the claim].

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 Catalogue Account agreement regulated under the Consumer Credit Act 1974.

4.It is neither admitted nor denied that the Defendant has previously entered into an agreement with Very Littlewoods 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 Very Littlewoods to Lowell Portfolio I Ltd on 25/01/2013. The Defendant does not recall receiving notice of this assignment.

7.It is denied that Very Littlewoods 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. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.

8.On the [Date] I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Lowell Solicitors Ltd. I requested the Claimant provide copies of the [DOCS YOU ASKED FOR - Agreement, Default Notice and Notice of Assignment].

9.Lowell Solicitors Ltd has not sent any of these documents to me.

10.On the [Date] I sent a formal request for a copy of the original agreement to Lowell Portfolio I Ltd pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory Ł1 fee.

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

12. I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined.

13.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.

14.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.

15.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.

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

**pinecone** · 28th March 2018, 14:47:PM

Ah okay sorry, to clarify all of my documents were destroyed approx. two years ago so it’s hard to check back that long but from memory it’s been 3 or 4 years since last contact with Lowell about this but I’m not sure if the last payment was to them or Very direct. I know this is not helpful, I apologies, there are a couple of other debts from around then and it’s a long time ago.
Will get the letter to Shop Direct done and sent in the morning, with the defence I will change all the parts needed above but just to be sure when you say much polishing do I need to add more information?

Thanks again for your help.

**jaguarsuk** · 28th March 2018, 15:04:PM

Originally posted by pinecone View Post

Ah okay sorry, to clarify all of my documents were destroyed approx. two years ago so it’s hard to check back that long but from memory it’s been 3 or 4 years since last contact with Lowell about this but I’m not sure if the last payment was to them or Very direct. I know this is not helpful, I apologies, there are a couple of other debts from around then and it’s a long time ago.
Will get the letter to Shop Direct done and sent in the morning, with the defence I will change all the parts needed above but just to be sure when you say much polishing do I need to add more information?

Thanks again for your help.

Yes, do get the letter off. Make sure you include the Statutory Fee and mark the Cheque/Postal Order clearly on the front "DPA 1998 Statutory Fee Only."

The reason I'm asking that if the date from the last payment and default are over six years the debt becomes statute barred, it seems you're fairly confident you have paid something in the last 6 years.

Dependant on what they provide or don't, plus what other people who will pop by here suggest to add, amend or remove this is just a start that will eventually become a final defence by Monday ready to file.

**warwick65** · 28th March 2018, 18:18:PM

Just to manage your expectations over the SAR
It is unlikely the SAR will have the Default notice or notice of assignment- just details of when it was sent
Lowell are likely to provide reconstituted versions which may or may not pass muster

As for the agreement, I am sorry to say they do not need to provide a signed copy of the agreement, just some evidence that one was taken out and signed. For the S78 request they can just provide a reconstituted version as it is for information purposes only and I am sure Lowell will have those in their files

Now might be time to send part 18 questions although they are not valid once the claim has been assigned to a track (but neither are 31.14 requests)

What the SAR will tell you is when the account was defaulted and when it was assigned- hopefully they will not match

**warwick65** · 28th March 2018, 18:28:PM

Just one point regarding the defence - I would say for para 4 . It is admitted the defendant has, in the past had dealings with

I personally do not think it is a good idea to potentially give the judge an idea you are trying to avoid the debt , just that you are using the law

**pinecone** · 29th March 2018, 12:30:PM

Hi,
Thank you both for the information, makes it a lot easier to understand. The letter is ready and will be going today.

**pinecone** · 2nd April 2018, 16:16:PM

Hi,
Just a quick update, Lowell Solicitors replied to me saying it was a shop direct account taken out in october 2011 with the last payment 6th July 2012. They have requested the agreement from the creditor and will contact me when they have a reply.
They have also enclosed a copy of a letter saying the account was sold to them on 25th Jan 2013.

My defence is filled in now but have highlighted a few sections to research tonight ready for tomorrow: 4,9,10,11,12. Im not sure if these are correct for my situation.

Hope everyone had a nice holiday,
Kind Regards.

**warwick65** · 2nd April 2018, 17:18:PM

Well as I think I said I think , if you do know the account was yours it is positive to say
I have in the past had dealings with shop direct

Point 9- If they have not sent all the documents you asked for then amend, but I would be careful how you phrase it , don’t say what they have sent just what they haven’t

You have sent a cca request , and they still haven’t complied so 10 and 11 are still valid

As for the extension, have they mentioned it? I am not convinced there is any need to add it

Just make sure all your numbers flow

**pinecone** · 2nd April 2018, 18:58:PM

Ok great its all looking good and seems to flow well. They did not request an extension on the letter sent just they would contact me when they had it.

Thanks again for your help.

Lowell Portfolio v Pinecone