lowell POOF-OLIO 1

[unluckyjim]

one of kids had this claim last week?

[Amethyst]

Yes cpr 31.14 request and a separate cca request direct to the claimant. Cpr request can only ask for documents mentioned in the statement of case - so agreement and notice of assignment.

They dont plead default only arrears so they might have an issue there. Anything on the credit file at all ?

[unluckyjim]

MANY THANKS,
I get credit file checked out,
mean while question, * do they not have to issue a default notice, to justify claim, cause of action , etc ?

[unluckyjim]

is an arrears or failure to maintain payments, a cause of action?

[pt2537]

whats the value of their claim?

[unluckyjim]

hi PT2537, the value of claim is circa £300 inc court fee,legal costs,and amount claimed.

[pt2537]

hi PT2537, the value of claim is circa £300 inc court fee,legal costs,and amount claimed.

Ok so it will be a small claim once allocated to track.

Given the value of the claim, it may well be more cost effective to try and strike a deal with lowells, the time you would spend trying to defend the case and the energy you will use up some would say simply isnt worth it.

Lowells may well be willing to do a deal, id offer 1/3 of the claimed amount in full and final, and see what they say. If of course that is possible to make such an offer

[unluckyjim]

hi guys, many thanks for advice so far , anyway got to submit defence, so have knocked this up, as follows, what do you think?
Defence

In the Northampton County Court Business Centre
Claim No: xxxxxxx LOWELL PORTFOLIO 1 LTD . Claimant
And
xxxxxx xxxxxxxxxxxxxxx . Defendant

DEFENCE

1.I received the claim xxxxxx from the Northampton County Court
Business Centre on xx .xx. 2019. Each and every allegation in the
Claimants statement of case is denied unless specifically admitted
in this Defence.

2.The Claimants statement of case fails to give adequate
information to enable the Defendant to properly assess her
position with regards the claim.

3.The claim appears to be for a Credit Card or Loan agreement
regulated under the Consumer Credit Act 1974.The claimant fails to state as to the date this agreement was entered into.

4.The Claimant pleads the original agreement was with PROVIDENT PERSONAL CREDIT LIMITED which is a company the Defendant has had no prior knowledge of or communication with, nor has entered into
any agreement with PROVIDENT PERSONAL CREDIT LIMITED.

5.The Claimants statement of case states that the Agreement was
later assigned to LOWELL PORTFOLIO 1 LIMITED from PROVIDENT PERSONAL CREDIT LIMITED. The Defendant
does not recall receiving notice of this assignment.

6.It is denied that PROVIDENT PERSONAL CREDIT LIMITED 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.The Defendant has sent a formal request for a true copy of the
original agreement and any other documentation the Act requires as well as copy of the terms and conditions that were applicable to the account at time of agreement date,to Lowell Portfolio 1 Limited pursuant to section 77-79 of the Consumer Credit Act 1974 along with the statutory £1fee.

8.The Claimant has failed to comply with that request and by
virtue of s77 (4) / s 78 (6) Consumer Credit Act 1974 cannot
enforce the agreement.

9. The Claimant has failed to comply with formal request for a copy
of the terms and conditions that were applicable to the account at
time of agreement date.




10. On the xx May 2019 I sent a request for inspection of
documents mentioned in the claimants statement of case under Civil
Procedure Rule 31.14 to Claimant's Solicitor. I requested the
Claimant provide copies of ;-
The CCA 1974 regulated agreement,
Deed of assignment (assignment of agreement from Provident Personal Credit Limited to Claimant),
Notice of assignment” Notice given to defendant”

11.Claimant's Solicitor has not sent any of these documents to me.

12. On the xxx March 2019 under “ Pre Action Protocol request” (section 4; Box I) I requested ;-
copy of written contract/agreement for the debt,
copy of the notice of assignment of the debt,
copy of termination notice,
copy of the terms and conditions of agreement applicable at the time of agreement,
copy of the deed of assignment,
copy of default notice,
A full statement of account,including details of all interest and charges included on the outstanding balance of the debt explaining how they have been calculated,and any payments already made toward the debt,
A description of the nature and amount of any administrative charges included in the debt
13. Claimant's Solicitor nor the Claimant has not sent any of these documents to me.

14.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.

15.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. The Claimant should
provide copies of the Agreement, Default Notice ,Deed of Assignment and Notice of Assignment.

16.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.

17.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 ___xxxxxxx xxxxxxxxxxxxxxxxx______

Dated _______xxxx May 2019____

Signed

I am the Defendant - I believe that the facts stated in this form are true
xxxxxxxx xxxxxxxxxxxxxxxx
xxxxxx/05/2019

[unluckyjim]

Latest update... Went to court, lowells did not turn up ?

The court ordered claim be struck-out

what next?

[Amethyst]

For now you win, however Lowell may appeal against the strike out so be aware of that - they would have to explain why they didn't attend and didn't notify court in advance. Â*

Was it struck out solely because they didn't attend or did the Judge comment on the case at all ?