Loweel Portfolio Marisota County Court Claim Received

[jimbo1283]

Hi everyone,

I'm after a little bit of help on behalf of my mum.
She's recently received a Claim Form through from the county court for an account she had with Marisota. I've acknowledged the claim and have sorted the CCA request, I was just after a bit of advice as to what to write in the CPR letter.

The claim issue date was 12 Nov 2018.

Particulars of claim are
1) The defendant opened a Marisota regulated consumer credit account under reference V137**** on 10/09/2011 ('the agreement).
2) In breach of the Agreement, the Defendant failed to maintain the required payments and the agreement was terminated.
3) The Agreement was later assigned to the Claimant on 06/03/2015 and written notice given to the Defendant.
4) Despite repeated requests for payment, the sum of £1,605.87 remains due and outstanding. And the Claimant claims
a) The said sum of £1605.87
b) Interest pursuant to s69 Count (sic) Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing daily at a rate of £0.352, but limited to one year, being £128.47
c) Costs


Does the below letter seem correct based on the particulars of claim and is there anything else i should be asking for? Am i right that I need to file the defence by 14th December?

"Dear Sirs,

Claim Number: XXXXXX

Request for documents mentioned in a statement of case under CPR 31.14

On xx/xx/xxxx I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on xx/xx/xxxx.


1. Agreement
2. Evidence of failure to maintain payments
2. Evidence of the termination of the agreement
3. Assignment
4. Formal Demand

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim.

I, as Defendant, am entitled to see the documents on which the Claimant relies and which you must produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, xx/xx/xxxx.

I look forward to hearing from you.

[Amethyst]

It does only mention the Agreement document wise, so being strict you should only be able to ask for that, but personally I'd still ask for Notice of Termination/Default and Notice of Assignment. It would only be a problem if you tried to enforce compliance with the request in court, which is unlikely to be needed, so really this letter is just to show court you have asked for them...and hopefully get hold of them to help with your defence. I think your letter is fine as it is though ( just stick Notice of at the beginning of Assignment ).

Does your mum have any idea when it defaulted / was last paid ? Anything showing on her credit file ? ( Guessing it might have defaulted 2014 time as it was sold on in 2015 )

I'd also get your Mum to whack a Subject access request in to Marisota. ( Subject Access Request Letter) It might help further down the line.

Any idea if she just opened the account online - any history in her emails from when the account was opened ? ( 2011 it is likely they will have the agreement and it is likely it will be complaint - so not to be defeatist but it is worth spending a bit of time working out what kind of settlement/negotiation offer you could manage to try avoid this actually going into court and resulting in a CCJ - but still get the defence in and make them work for it a bit !)


14th sounds about right for the defence as you acknowledged the claim and it was issued on 12th Nov. Long as that CCA letter has already gone off you should be fine using it in the defence if they don't respond.

[jimbo1283]

HI All,
My mum's received a letter from the court this week saying "Notice of Proposed Allocation to the Small Claims Track"

TAKE NOTICE THAT
1.This is now a defended claim.
The defendant has filed a defence, a copy of which is enclosed (This last part has been crossed out)

2. It appears that this case is suitable for allocation to the small claims track.
If you believe that this track is not the appropriate track for the claim, you must complete box C1 on the Small Claims Directions Questionnaire (Form N180) and explain why.

3. You must by 26 April 2019 complete the Small Claims Directions Questionnaire (Form N180) and file it with the court office and serve on all other parties.


The Directions Questionnaire is attached, the first section asks about Settlement/Mediation.

To date none of the requested documents have been received and we have had some letters saying that they are still trying to get the documents.

I was hopeful that as they had not supplied the contracts or any other documents that this would not be able to progress.

Could you please help advise what I should be filling in on these forms and what next stages should be taken.

Thanks in advance
James

[chareosS]

ok so they have not provided any documents to prove their claim ? not even a copy of any agreement ?

[jimbo1283]

Hi Amethyst,

I've replied to your questions below in red.

Unfortunately there's no details from when she opened this and due to her being ill and being a bit of an ostrich and ignorin things it's hard to igure out when things exactly went pear shaped for everything.

We've had nothing back to any of the requests we have made.

It does only mention the Agreement document wise, so being strict you should only be able to ask for that, but personally I'd still ask for Notice of Termination/Default and Notice of Assignment. It would only be a problem if you tried to enforce compliance with the request in court, which is unlikely to be needed, so really this letter is just to show court you have asked for them...and hopefully get hold of them to help with your defence. I think your letter is fine as it is though ( just stick Notice of at the beginning of Assignment ).

Does your mum have any idea when it defaulted / was last paid ? Anything showing on her credit file ? ( Guessing it might have defaulted 2014 time as it was sold on in 2015 ) - Unfortunately not, she was quite ill at the time and things got out of hand with credit, she's since buried her head in the sand and things like this now keep popping up so I'm trying to help as much as i can.

I'd also get your Mum to whack a Subject access request in to Marisota. ( Subject Access Request Letter) It might help further down the line. - Done and we have received nothing back

Any idea if she just opened the account online - any history in her emails from when the account was opened ? ( 2011 it is likely they will have the agreement and it is likely it will be complaint - so not to be defeatist but it is worth spending a bit of time working out what kind of settlement/negotiation offer you could manage to try avoid this actually going into court and resulting in a CCJ - but still get the defence in and make them work for it a bit !)- Again unfortunately there is nothing from when she opened this, likely online though. But to date they have not sent anything back to us and no copy of the agreement?


14th sounds about right for the defence as you acknowledged the claim and it was issued on 12th Nov. Long as that CCA letter has already gone off you should be fine using it in the defence if they don't respond.

[jimbo1283]

ok so they have not provided any documents to prove their claim ? not even a copy of any agreement ?

No nothing at all so far. Just a letter saying they have asked their clients for the details we requested.

[chareosS]

ok here is what i would do: fill in the directions questionnaire, tick the box agreeing to mediation then put in the box please see separate letter then attach a letter to your DQ

tell the court that you are willing to enter into mediation but are unable to do so as the claimant have provided no documentation to prove their claim despite your requests and their letters stating that they are trying to obtain these documents

tell the court they are currently in breach of an official CCA request ( you did send one didnt you ) , also tell the court that it is quite clear that xxxxx issued a claim having not been in possession of any of the documentation to prove their claim yet submitted a signed statement of truth.

so that you are in a position to mediate could you respectfully request that the court order the claimant to provide the documents that you have requested and are entitled to see.
i) a copy of the agreement along with the terms and conditions upon inception and any subsequent changes
ii) A copy of any default notice as the claimants current claim does not have a cause of action
iii) Statements showing how the sums claimed have become due
iv) assignment details including a copy of the deed of assignment giving the claimant full right, title and interest in the account as only then would they have the right to issue a claim as lender in this case.

the court is not obliged to order them to do this without an official application but it would make sense for them to do so, this will cost you nothing and is worth a try, it has succeeded in the past. The court will look at this and it will not look good on the claimant

this is what i would do

in addition i would send the claimant a part 18 request for further info.

i would point out to the claimant that in their POC they do not mention that the account defaulted, could they please explain what was the cause of action that caused the agreement to be terminated ?

if it is a CCA agreement then a default notice should have been served before termination of the account.

give them and the court something to think hard about

[Amethyst]

This is the example defence to start you off https://legalbeagles.info/library/gu...-court-claims/

[unluckyjim]

mmm very good info