** DISCONTINUED ** Lowell Portfolio Vs Trev1981

[Trev1981]

Received a claim? Yes
Issue Date:16/07/201
Have you Acknowledged the Claim?: Yes
Total Amount Claimed: £440.22
Claimant’s Name: Lowell Portfolio
Solicitors Firm:Lowell Solicitors
Original Creditor: Capital One
Original Debt Credit card
Particulars of Claim:

1) The defendant opened a Capital One Credit Card regulated consumer credit account under reference xxxxxxxxx on 20/08/15. (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 08/09/2017 and written notice given to the Defendant.
4) Despite repeated requests for payment.the sum of £332.76 remains due and outstanding. And the claimant claims
a) The said sum of £332.76
b) Interest pursuant to s69 Count Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.073, but limited to one year, being £22.46
c) Costs
Is the debt Statute Barred No.
List any letters you have sent CCA and CPR sent today

[R0b]

Hello

I've tagged Amethyst to this thread.

Did you ever receive a notice of assignment from Lowell or Capital one?

Are the details of the claim accurate in terms of opening the account, any other issues or defence you think you might have?

[Trev1981]

Hello

I've tagged Amethyst to this thread.

Did you ever receive a notice of assignment from Lowell or Capital one?

Are the details of the claim accurate in terms of opening the account, any other issues or defence you think you might have?

Hi there.

I can't remember if I received a notice of assignment or not. My memory is terrible and my paperwork is equally as bad. i'd imagine I probably did.

I believe the details of the claim are probably correct and I cannot think of anything else in my defence.

Thanks for getting in touch.

[Trev1981]

I received this lot from lowell solicitors yesterday. (See attachments)

Is there anything more I can do or should I just admit defeat?

[MIKE770]

sit on your hands for now Amethyst should pop in

[Trev1981]

Anyone? Please? I'm pretty much out of time.

[Kati]

Amethyst R0b jaguarsuk ?

[jaguarsuk]

Anyone? Please? I'm pretty much out of time.

You need to file a defence before 4pm today or else the claimant could obtain a default judgement against you.

You'll need to amend the Example Defence to state that you have requested a copy of the CCA and have not received it from either the solicitor or the claimant.

[R0b]

Only had a quick scan but it appears that they have sent you a copy of the notice of assignment from Amy Fisher (according to her LinkedIn she was head of Recoveries from 2015 to March 2018) Which states that the debt was purchased on 8 September 2017. Obviously in order to effect a legal assignment and for Lowell to pursue a debt in their own name, they need to prove that it was purchased by them on 9 September, although they have yet to supply you a copy of that credit agreement, something you can argue as a defence point.

You should also look to make a Subject Access Request to Capital One including a screenshot of your account summary of all correspondence that was sent under that account number. This should filter out whether or not the debt was actually assigned on 9 September 2017. If it wasn't then it should in theory be an easy win for you as the Court of Appeal has already confirmed that if you specify a date in the notice and it is incorrect, then the notice of assignment is invalid.

Even if everything is all above board on this one, you should still look to submit a defence anyway and preserve your position because you can always come to some sort of agreement by way of a 'Tomlin Order' which is a contractual arrangement whereby Lowell withdraws from the claim provided you maintain a instalment plan as agreed, otherwise they can pursue you for that debt.

An argument based on notice of assignment is the very best defence, but at least if forces Lowell to supply the debt purchase agreement which included your account number and debt amount, whilst verifying everything checks out.

Ultimately, as Jaguar has said, you don't want to be getting yourself a default judgment on this but at the same time, I don't think Lowell are going to immediately request default judgment if you don't file a defence by 4pm today - they will more than likely check in a couple of days but at the very earliest, probably tomorrow.

[Trev1981]

I've just filled a defence stating " I have requested a copy of the CCA and have not received it from either the solicitor or the claimant". I did not get in until 16:02:02. I tried amending the template but it wouldn't accept it as it was too long so I ran out of time. It looks as they have probably won this time.
Thanks everybody for your help.

[R0b]

You can send the defence by email as the MCOL defence box only has limited characters. The Northampton County Court Business Centre usually deals with MCOL claims but it seems the Court Finder website has amended the email addresses.

The relevant NCCBC email address seems to be ccbc@justice.gov.uk
There also appears to be a specific MCOL email address (https://courttribunalfinder.service....im-online-mcol) which is mcol@justice.gov.uk

If you are sending your defence by email, I think it would be wise to send it to both these emails just to cover your own back, if you still intend to file a defence - I don't think you should give up that easily.

Thoughts Amethyst?

[Trev1981]

Thanks R0b. I thought as I submitted it late there'd be nothing more I could do. Would this be OK to send?

In the Northampton County Court Business Centre

Claim No: **********



LOWELL PORTFOLIO
Claimant

And



**************
Defendant

DEFENCE



1.I received the claim ******* from the COUNTY COURT BUSINESS CENTRE.



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



3.This claim is 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 Original Creditor /Claimant 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 Claimant’s Particulars of Claim fail to state when the agreement was entered into.



7.[The Defendant contends the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years]



8.The Claimants statement of case states that the account was assigned from Capital One to LOWELL PORTFOLIO on 08/09/2017. The Defendant does not recall receiving notice of this assignment.



9.It is denied that Capital One 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.



10.On the 26 July 2018 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. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.



11.LOWELL SOLICITORS has not sent any of these documents to me.



12.On 26 JULY 2018 I sent a formal request for a copy of the original agreement to LOWELL PORTFOLIO pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.



13.The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.



14. 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. [The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.]



15.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.



16.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.



17.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.



18.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 *****************

Dated 20/08/2018

[R0b]

Hi Trev1981

I've attached a revised example to your defence you have uploaded. Feel free to use it as you wish but have highlight in yellow brackets some of the information you will need to supply yourself.

There's a few things in your defence there that you would fail on instantly and ought to be removed i.e. the statute barred argument as the are suggesting the agreement was entered into in 2015. If you disagree with this then you should clearly add something to paragraph 5 (of my example) along the lines of:

"The Defendant recalls entering into a credit agreement with Capital One but does not admit that it was entered into on on 20 August 2015 as alleged in the Particulars of Claim. The Claimant is put to strict proof that the agreement was entered into on the said date. Notwithstanding the foregoing, it is denied, for the reasons set out in this Defence, that the Claimant is entitled to the sums as alleged or at all."

I've incorporated paragraph 4 because the two cases I've referred to state that it can amount to unreasonable conduct if a party refuses to agree to an extension of time to file a defence, even if for tactical reasons, with the result of an adverse costs order.

Any questions feel free to ask but I should caveat this post by saying it is a rushed job so you will need to make sure it suits your current situation.

[Trev1981]

Thanks very much for that Rob, I wasn't sure about the statute barred paragraph but I left it in as they were numbered and wasn't sure about removing it or renumbering them. I see from your example the numbers aren't necessary. Cheers. I'll submit that now.

[R0b]

Not sure what you mean by the numbers being irrelevant, but to clarify, you must number your paragraphs for all statements of case e.g. Particulars of Claim, Defence, Witness Statement etc. The order of paragraphs are your choice but it should flow and make sense