Lowell vs AATJJJ **ADVICE PLEASE**

[Aatjjj]

ok so how does this look and a few questions......today is the date but someone said plus 33 days so do i file this today (still no paperwork from Lowell)


Is point 4 ok ??...or should i just put I dont know at the moment ?


and point 13 ...is it s77 or 78?

and point 14.......do i include this?, do i ask for extra time? how do i do this.....or is it not necessary.

Thanks for all the help.

[Aatjjj]

anyone pls,,,,? do i need to do this today ? does it look ok ?

[Aatjjj]

Hi ....Sorry to be a pest but my statement is due and I would really appreciate feedback please to see if it's correct.

[Amethyst]

Morning xxx Having a mooch now.

[Amethyst]

Just check you put Vanquis rather than Vanquish Made some amends so have a check through - think I've answered the questions as I've edited. I've bolded bits anyway. Do we have the Particulars of Claim btw? I couldn't see them and wasn't sure if they had mentioned a default date or just said termination ?

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1. The Defendant received the claim xxxxxxxx from the Northampton County Court on xxxx November

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

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

4 : The Defendant has previously entered into an agreement with Vanquis Bank LTD for the provision of credit however does not recognise the sum claimed and the Claimant has not provided any further breakdown or justification how the amount being claimed has been calculated.

5. The Defendant recalls having disputed a number of charges on his Credit Card account however has not had any communication with Vanquis, the original creditor, for xxxx years.

6. The Claimants statement of case fails to give adequate information to enable the Defendant to properly assess his position with regards the claim. The Defendant has been requesting further details from the Claimant since XXXXX 2018.

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

9. The Claimants statement of the case states that the account was assigned from Vanquis to Lowell xxxxxx September. The Defendant does not recall receiving notice of this assignment.

10. It is denied that Vanquis nor the Claimant served a 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.


11. In xxxxxx 2018 the Defendant received a Letter of Claim from the Claimant pursuant to the Debt Pre-Action Protocols. The Defendant completed the reply form and requested more information, specifically the Agreement, Default Notice and Notice of Assignment to enable him to assess the Claimants claim. The Claimant did not respond and did not provide any further information in breach of the pre-action protocols.

12. After receiving the notice of claim in xxxxxxxxxx 2018 and again in September 2018 the Defendant sent a formal request for a copy of the original agreement to Lowell pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee. The Claimant failed to respond.

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

14. Further, on receipt of the Claim in this case, on the xxxxxx November, 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 and Notice of Assignment, along with any copies of statements or documentation they hold.

15. Lowell Solicitors have not sent any of these documents to the Defendant.

16. The Defendant has asked the Claimant if we may agree to extend the time period allowed for the filing of the defence to enable them time to produce the requested documents (as allowed under CPR 15.5), but they have failed to respond to my request.

17. 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.

18.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.

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

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

[Aatjjj]

Thanks .......also there is no mention of the default in the particulars of claim.
just the defendant failed to maintain the required payments and arrears began to accrue.
and then the agreement was later assigned to the claimant and notice given.

[Amethyst]

Unless they are just claiming arrears and the account is still open they will need a default notice to claim the full debt .... seems to be another new tactic to say 'arrears began to accrue' to avoid having to provide a copy of the default notice.... very odd.

Like this ??

Particulars of Claim
1. The defendant entered into a consumer credit act regulated agreement with Vanquis under account reference ........ ('the agreement')
2. The defendant failed to maintain the required payments and arrears began to accrue.
3. The agreement was later assigned to the Claimant on ...... and notice given to the defendant.
4. Despite repeated requests for payment the sum of ........ remains due and outstanding.
and the claimant claims
a. the said sum of ........
b. interest pursuant to s69 county courts act .....................
c. costs

( just off someone elses thread posted this morning)

[Aatjjj]

OK ....when i try and log into the moneyclaim site online, it directs me to set up an account after i have already logged in via government gateway...no option to log in........ i set u a new moneyclaim account and then it won't recognise the code and password...help!!!

Is there another way to file defence now.....as its time sensitive !

[Aatjjj]

Unless they are just claiming arrears and the account is still open they will need a default notice to claim the full debt .... seems to be another new tactic to say 'arrears began to accrue' to avoid having to provide a copy of the default notice.... very odd.

Like this ??

( just off someone else's thread posted this morning)

YES THATS IT

1 The defendant entered into a consumer credit act 1974 ..
2 the defendant failed to maintain the required payment and arrears began to accrue.
3 the agreement was later assigned the claimant on xxxx and notice given
4 despite repeated requests (this isn't true only 1 letter) the sum of xxx remains due and outstanding
and the claimant claims
a the sum of xxx
b intrest pursuant to xxxxxx
c costs

[Aatjjj]

I did actually ask for the default notice with my requested documents thou still.......is that ok ?

[Amethyst]

Yes - it would only matter if you tried to make an application for compliance with your CPR 31.14 request and then it would likely be refused as not mentioned - in this case it is showing you asked for reasonable documents ( and those that are essential under the consumer credit act to call in a debt ) and as you have included the requirement for a default notice in the defence they should produce one to evidence their right to bring the claim.

[Aatjjj]

Can i email over my defense ?....is the deadline the same for email submissions ?..as i can't get on moneyclaim

[Amethyst]

You can yes.

Put the Subject Line as DEFENCE - Claim XXXXXXX - Lowell v AATJJJ then attach the defence as a PDF doc.

I'll check the email address....
County Court Business Centre (CCBC):

ccbc@justice.gov.uk

what I would do is put a copy in the post as well though.

You'll need headers and footers on it too ( attached example how to basically lay it out - obvs ignore the text in 1 and 2 )


2018-12-20 16_32_25-People bar flyout.png

[Aatjjj]

I just thought I would have a little update and a couple of questions .
i have had an email and letter saying my defence was accepted, so that’s all good .
but that’s I have had no contact at all from Lowell or any of the requested documents , I still can’t get online to see my claim so I’m hoping that the next step is in writing or by email ?.... I have emailed them letting them know I can’t get online .
whatt happens next ?... bearing in mind they haven’t replied to me ?.... is there a date that they have to pay something ?.... should I contact Lowell again?

can they still have there documents added or is that is as they missed the deadline .
sorry for all the questions .... all a bit new to me .
Thanks in advance .

[Amethyst]

That's absolutely fine AATJJ xx

Once the claim is defended that is pretty much it for online stuff, so going forward it will be on paper so you don't need to worry about MCOL being utter rubbish.

Okay the next steps;

The Court will send the Defence to the Claimant

The Claimant has 28 days to respond to the court to say they wish to proceed with the claim, else it gets put on hold ( stayed). It will stay on hold until such time as one or other party applies to lift stay and strike out or lift stay and proceed with the claim.

If they reply then the court will send you a Directions Questionnaire to complete and return within 7 days

You may have a telephone mediation appointment if both sides agree to mediate ( but really depends if there's any documents yet to enable you to mediate)

The claim will then be sent over to your local court who will sort out a court date and issue any directions ( instructions) like when to exchange witness statements, when documents need to be provided etc.

The Claimant needs to then pay a hearing fee.

Generally if the Claimant doesn't have the documents sorted by the time Witness Statements need exchanging / Hearing Fee needs paying they discontinue. Quite often you don't know if they actually have a case / the documents required until that point ( 2 weeks before a hearing normally )

If they do produce documents ( at any point between now and the hearing) then it depends what the position is as to whether you negotiate to settle under a consent order or continue to a hearing ( potentially amending your defence if applicable )