Help please - received CCJ claim for Lowells

[Coconutmilk]

4.It is [admitted/denied] that the Defendant has [previously] entered into [an agreement/agreement] with [Original Creditor /Claimant] for provision of credit.

MIKE770 Amethyst just compiling my defence which I calculate needs to be sent today to be in for Wednesday which is 28 days since the claim was issued? With regards to the section above do I list in deny an agreement with either Tesco Bank or Lowells? Or both?

[Amethyst]

You can leave paragraph 4 out if not sure.

[Coconutmilk]

Thanks. I’ve prepared defence - could either of you very kindly have a look over to check all is ok before I file it?

The defendant received the claim XXXX from Northampton County Court on 01/11/2018.


Each and every allegation in the claimants statement of case is denied unless specifically admitted in this defence.

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

The Claimants statement of case fails to give accurate information to enable me to properly assess my position with regards to the claim.

The Claimants Particulars of Claim states that the agreement was entered into on 25/01/2014.

The Claimants statement of case states that the account was assigned from Tesco Bank to Lowell Portfolio I Ltd on 24/01/2018. The Defendant does not recall receiving note of this assignment.

It is denied that Tesco Bank 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 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.

On the 05/11/2018 the Defendant 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, notice of assignment and formal demand. Lowell Solicitors has not sent the agreement or default notice to the Defendant. *****They have sent a copy of the formal demand and assignment however it is not on headed paper and could just have been printed from anywhere - should I therefore say that they have not supplied the formal demand or assignment?*****

On the 05/11/2018 the Defendant sent a formal request for copy of the original agreement to
Lowell Portfolio I Ltd pursuant to section 78 of the Consumer Credit Act 1074 along with the statutory £1 fee.

The Claimant has failed to comply with s78(1) Consumer Credit Act 1974 and by virtue of s78(6) Consumer Credit Act 1974 cannot enforce the agreement.

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

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 that the money is owed as claimed.

The Defendant respectfully requests the court orders the Claimant to provide the necessary documentation in order for the Defendant to fully plead her case else the claim should stand struck out.

In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend her defence and would ask that the Claimant bear the costs of the amendment.

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

[Amethyst]

Couple MINOR amends, inc changing CCA date to 1974 for 1074 , and a bit of a re-org.

----------------------------------------------------------------------------------------------------

The defendant received the claim XXXX from Northampton County Court on 01/11/2018.

Each and every allegation in the claimants statement of case is denied unless specifically admitted in this defence.

This claim appears to be for a credit card agreement regulated under the Consumer Credit Act 1974 between the Defendant and Tesco Bank.

The Claimants Particulars of Claim states that the agreement was entered into on 25/01/2014. The Defendant has not been provided with a copy of that agreement.

On the 05/11/2018 the Defendant sent a formal request for copy of the original agreement to Lowell Portfolio I Ltd pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

The Claimant has failed to comply with s78(1) Consumer Credit Act 1974 and by virtue of s78(6) Consumer Credit Act 1974 cannot enforce the agreement.

The Defendant does not recognise the sum claimed and the Claimant has not provided any further breakdown or details of how they have arrived at the amount of the debt.

The Claimants statement of case states that the account was assigned from Tesco Bank to Lowell Portfolio I Ltd on 24/01/2018. The Defendant does not recall receiving note of this assignment.

It is denied that Tesco Bank 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 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.

On the 05/11/2018 the Defendant 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, notice of assignment and formal demand. Lowell Solicitors has not sent the agreement or default notice to the Defendant.

The Claimant has provided a copy of the alleged notice of assignment and formal demand, however the Defendant has never seen these documents before and the Claimant is put to strict proof that they were sent.

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 that the money is owed as claimed.

The Defendant respectfully requests the court orders the Claimant to provide the necessary documentation in order for the Defendant to fully plead her case else the claim should stand struck out.

In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend her defence and would ask that the Claimant bear the costs of the amendment. The Defendant has asked the Claimant if we may agree to extend the time period allowed for filing of the defence pending receipt of documents (as allowed under CPR 15.5) but they have declined and therefore any application to amend should be paid for by the Claimant.

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

[Coconutmilk]

Amethyst thank you a million. I will post it off special delivery tomorrow to arrive before 1pm on Wednesday 28th - which is exactly 4 weeks from the date the claim was issued and all in time I believe. I will also email it to the court tomorrow. Once that is done will await next stage. Thanks again

[Coconutmilk]

Right I’ve emailed my defence after calling the court and checking email address and also posted special delivery today.
Whats the next stage? Will I need to attend court?

[MIKE770]

slow down the system end has not been finished yet, what happens later in the stage depends on factors , before you ask many, i.e. documentation etc etc etc, any withdrawal,, just follow court instructions from now on okay?

[Coconutmilk]

MIKE770 Thanks - just keen to get it wrapped up as much as possible before Christmas if I can

[MIKE770]

next year the way things move - mine took 11 months to a conclusion (they think I have finished - NO), some a lot less - there is procedures you can't rush.

[Amethyst]

lol, well, as Mike says, Christmas will come and go and you'll still have this in the background.

Okay now the Defence is in

- The Claimant gets sent a copy
- They get 28 days to reply to the court to say if they want to proceed ( ummm there's Christmas )
- If they DO then you get sent a ' Directions Questionnaire ' which you complete and return to the court
- If they don't then the claim gets put on hold indefinately.
- Once both Directions Questionnaires are in the court sends the claim to your local court.
- POssibly have Mediation call at some point.
- Judge at your local court has a quick look at the claim and issues directions and possibly a hearing date - probably before May but who knows, the way the court system is could be Next Christmas ( )

Really once Defence is in that's the 'certainty' of the process done with and we just see what happens... joy of joys

[Coconutmilk]

Thanks guys - I guess I just want that I need to do sorted before Xmas, rather than the whole incident! As my defence is filed I guess I’ve done my part in it and if they have 28 days then that takes until right on Xmas - will just wait and see what happens from now

[Amethyst]

Best plan

Christmas is weird, creditors issue lots of claims in the few weeks running up to Christmas as people often just want to have it sorted 'by Christmas'. like some magical deadline exists, so are more likely to just settle.

[Coconutmilk]

Ok so today I have had this!!! Apparently Tesco Bank are unable to find any accounts relating to me?

[Coconutmilk]

Just to add I sent a letter with my previous address included!

[Amethyst]

Ok so today I have had this!!! Apparently Tesco Bank are unable to find any accounts relating to me?

That's a bonus … unlikely they'd find it for Lowell either, although likely just rubbish admin, I would reply with the reference and date that Lowell put on their court claim.

The defendant opened a Tesco Bank Credit Card regulated consumer credit account under reference XXXX on 25/01/2014

It was only opened and defaulted in 2014 ( according to your credit file? - is it on your credit file under 'Tesco' or under 'Lowell'?) so they should still have a record.