Court claim from Lowells

**ULA** · 25th February 2020, 15:02:PM

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**pt2537** · 25th February 2020, 15:48:PM

Originally posted by Glockenspiel View Post

Hi everyone. I've received a county court claim form from Lowells. I've put the details below. Any guidance would be much appreciated. I have no experience of dealing with courts or solicitors.

Received a claim? Yes

Issue Date: 18 February 2020

Have you Acknowledged the Claim?: No

Total Amount Claimed : £7,300

Claimant’s Name: Lowell Portfolio 1 Ltd

Solicitors Firm: Lowell Solicitors

Original Creditor: Halifax

Original Debt: Credit card

Particulars of Claim:

1. The defendant entered into an agreement for a Halifax (credit card) account under reference xxxxxxxxx ('the Agreement')
2. The defendant failed to maintain the required payments and the service was terminated
3. The Agreement was later assigned to the claimaint on 17/06/2015 by Bank of Scotland PLC and notice given to the Defendant
4. Despite repeated requests for payment, the sum of £6,300 remains due and outstanding.
And the claimaint claims
a) the said sum of £6,300
b) costs

Is the debt Statute Barred: No

List any letters you have sent: CCA sent 24/2

Any Other Information or Background Details:

Don't know what other details are relevant. I'd like if possible is to avoid a CCJ registration but I have no funds to pay the full amount. I have no income currently. If I could raise some funds from family to make a full and final settlement for a percentage of the amount, I imagine that would be the best outcome, but I have no experience in these things and I am fearful of making the wrong response.

The amount claimed has gone up from £6,300 to £7,300 with interest, court fee and legal costs added.

Many thanks to anyone who can offer any guidance.

Afternoon

The Claim is below the 10k threshold so the Claim is likely to be a small claims case, this means that the rules on disclosure etc dont apply in the same way they would for a case over £10k.

Now then, there are a couple of options available. The Claimants pleaded case is not acceptable, it fails to mention service of a default notice which is an essential part of the cause of action. Goode Consumer Credit Law and Practice is clear that the default notice must be pleaded, and therefore it seems to me that the Claimants pleadings are defective and open to a strike out application / SummaryJudgment. This type of application is difficult if you dont know how the Courts work and how to argue it etc. However a summary judgment application as i have proven over many many cases brings the claim to an end swiftly and limits the costs too.

The alternative is to defend the claim, to do this you will need to seek copies of the documents relied upon from the Claimant under CPR 31.14. There are short cuts on the right hand side of the screen to the templates and guides. You can only ask for documents mentioned in the claim form. so the fact they havent mentioned the Default notice in their claim does prejudice you slightly in my opinion.

you should also make a s78 Consumer Credit Act request, that is in the side bar too.

Most importantly you must acknowledge service of the claim and keep an eye on the time frames for defending, you have 14 days from the date of service to file the acknowledgement of service. You have a total of 28 days to file a defence from the date of service.

To identify the date of service, if the Claim came from the CCBC, then you take the date of issue in the top right, add 5 days to get the date of service, this is the start point for the acknowledgment of service.

Happy to help point you in the right direction if needed

**Glockenspiel** · 26th February 2020, 19:21:PM

Thanks so much for your reply. I will also drop you an email as I'm confused about the best course of action.

I spoke to National Debtline and they advised me to admit the claim and make a token monthly offer (as I have no income), then seek to negotiate with Lowell to reach a full and final settlement. I don't have any funds or assets myself, but I could potentially get some help from my mother, but only for a proportion of the total amount. Lowell are so far intransigent and asked me to pay the full amount within six months, which is not possible.

Obviously I have no clue about the merits of a summary judgement application but I'd be afraid of anything high risk. I don't know at this point whether I should admit the claim or defend it. I've read on this forum that defending the claim buys me time and I could always change my mind later.

My concern about admitting the claim is that it may shut down my options and put everything in their hands.

I realise the clock is ticking so I feel I must decide tomorrow whether to admit or defend. Lowells have said the deadline for them to receive documents (if I admit claim) is 9 March. I could acknowledge service online.

But if I defend the claim, I'm concerned about incurring costs, because of my lack of income.

I'd also be concerned about submitting any defence the court might consider spurious. Not that I'm suggesting what you've proposed would be spurious, just that I would have no way of knowing.

Am I right in thinking the claim would go to a court-appointed mediator before a hearing? I believe this is offered free. I'd have more trust in mediation than in dealing with Lowells directly. I would have more faith in the court in general.

**Glockenspiel** · 19th March 2020, 07:39:AM

Hi everyone. Time has gone by and I now have to enter my defence by tomorrow (Friday). Could anyone please look over my defence and let me know any pointers?

I've pasted it below and also uploaded the documents Lowell have sent me in response to my CPR 31.14 and CCA requests. I have requested a default notice from Halifax by SAR but do not yet have it. I don't expect to receive it before my defence is due.

1. The Defendant received the claim XXXXXX from the Northampton County Court on XXXXXX

2. Each and every allegation in the Claimant’s statement of case is denied unless specifically admitted in this Defence.

3. This claim appears to be for a credit card agreement regulated under the Consumer Credit Act 1974.

4. It is admitted that the Defendant has previously entered into an agreement with Halifax for the provision of credit.

5. The Claimant's statement of case fails to give adequate information to enable the Defendant to properly assess his position with regards the claim.

6. The Claimant’s Particulars of Claim fail to state when the agreement was entered into.

7. The Claimant’s statement of the case states that the account was assigned from Halifax to Lowell on XXXXXX and a notice given to the Defendant. The Defendant does not recall receiving notice of this assignment.

8. It is denied that Halifax 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 and that 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.

9. The claimant’s Particulars of Claim fail to mention the service of and expiry of a default notice. A default notice is necessary under Section 87(1) Consumer Credit Act 1974 before the creditor can become entitled by reason of the debtor’s breach of contract to terminate the regulated agreement. In the PRA Group UK Ltd v Christopher Doyle, the court of appeal concluded that the default notice was not only a procedural requirement but also formed part of the creditor’s cause of action. The court of appeal noted that absent service and expiry of a default notice the creditor would have no entitlement to terminate a regulated consumer credit agreement. Taking this into account it follows that the creditor must also plead the service and expiry of a default notice as part of their case.

10. Due to the Claimant’s failure to state in their particulars of claim that a default notice was served, the Defendant is prejudiced by not being entitled to request a copy of the default notice under Civil Procedure Rule 31.14.

11. Accordingly the Defendant reserves his position to amend this Defence with the costs of the same paid by the Claimant if the Claimant provides a copy of the Default Notice.

12. The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.

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

Intro letter from Lowell - anon.pdf

Letter of assignment from Lowell - anon.pdf

Halifax credit card CCA page 1 - anon - resized.jpg Halifax credit card CCA page 2 - anon - resized.jpg

Court claim from Lowells