Lowell Solicitors CCJ received

[Amethyst]

There's no need to unless you want to - we just find mentioning that it has been sent to their Client ( Lowell ) is a good idea as the two sections don't necessarily discuss the case between them.

[Amethyst]

I’m writing the CPR 31.14
Ive requested a copy of the agreement. But what else do I need to write for the section asking for the agreement/default notice/assignment/formal demand. I’m stuck. There is no mention of a default notice, it says the agreement was assigned to the claimant on 30/06/2016 and written notice given to the defendant. Despite repeated requests for payment the sum of xxxx remains due and outstanding. And the claimant claims the said sum and interest and costs.

Notice of Assignment
Agreement

are both mentioned in that case, but personally I'd still ask for the default notice, they can refuse to provide it under CPR 31.14 but they should provide it in any event if you are going to argue you never received a default notice - it's their issue they didn't mention it in their claim, it is required for them to be able to claim the debt from you.

[Amethyst]

Question?
I am sending the letters today. Do I send Lowell Portfolio the CCA request letters for all accounts they have inc for the JD Williams account. And do I send Lowell Solicitors the CPR 34.14 request?

I'd send just the one for the JD Williams one that's under the court claim at the moment... and send the ones for the other accounts in a few days - just so it's kept separate. They will each need a separate letter and separate £1 payment ( postal order / cheque ).

[els77]

Thankyou Amethyst. I will send the other letters o have for them in the next week or so. I’ve written another copy of the CCA request so I’ll send that as proof as well with the CPR 31.14 I’m sending them.

On the claim form under Particulars of Claim this is what it says.
1) the defendant opened a JD Williams regulated consumer credit account under reference xxxxxx on 11/02/2015 (‘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 30/06/2016 and written notice given to the drfendant
4) Despite repeated requests for payment the sum of xxx remains due and outstanding. And the claimant claims
a) the said sum of xxxxxx
b) interest pursuant to s69 court counts 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 £0.122 but limited to one year being xxxx
c) costs

ive so far written that I want a copy of the agreement of the account opened on 11/05/2015 but what else should I add in that section?

[Amethyst]

assigned to the claimant on 30/06/2016 and written notice given to the drfendant

that's ' Notice of Assignment'

They've been vaguely mentioning termination lately instead of default, mainly on these catalogue accounts so I think there must be some issue with the way these accounts terminated. I'd still put in the CPR request 'Default Notice' - they can only say no.

[els77]

Thankyou again for all your help.
I’ve completed The letter and will post recorded delivery shortly.

[els77]

I’ve sent the CCA request off and the CPR 31.14 off recorded delivery today. What do I do in the meantime

[Amethyst]

Just sit on your hands really and wait for the replies. You have until about 8th feb to file a defence ( basic example here Example Defence )
so you can be putting that together with a view to amending as needed when you get any info through.

The claim is for around £700 isn't it. So you could have a look into your finances and see if you might be able to get 50%-70% odd together over next couple of months to try and make a full and final offer at some point before they produce documents / before you reach a hearing. As I said before they are likely to be able to get the agreement sorted to comply with the CCA request but it may take them until after you have filed a defence to get around to it, so while they remain in default of the request is a decent time to get a good discount on a full and final settlement offer IF it's at all possible financially. Otherwise it's a case of looking at your IE sheets and seeing what you maximum installment offer could be to try and get them to agree to let you pay by installments without having the CCJ applied - that would be under a consent order.

And in a few days you can send those CCA requests for the other accounts so you can start looking into those - either getting installments set up or making F&F offers. Think you said overall it added up to about £2k, and you MIGHT have a possibility of borrowing/being gifted £1k from your family member so you MIGHT be in a position to offer 50% over all the debts and clear everything off, once the CCA requests are in and before they come back with the documents is a good time to make that kind of 'without prejudice / without liability F&F offer to settle ). Remember it's quite likely the debts were purchased for 10-20% of their value so there's room for a profit if you make a 50% offer. Be nice to get it all cleared in one go, but see how things go and what you can get sorted. If not and you have to do installments then account for all your other debts when working out pro-rata offers ( that's where stepchange or CAB money could come in useful )

But really in these early stages its a case of waiting and seeing what they respond to your requests for info with - your aim is to defend the claim, but in essence it's buying you some time to consider your options in the event they have all the documents needed xxx

[els77]

This morning I received a Notice of claim
letter from Lowell. Not that this matters but should I have received this before I got the court claim form?

[els77]

As of yet I haven’t had anything back from Lowell. I am just looking over the defence letter and the section where it says

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

what would I put because obviously I am aware of the debt would I put that I admit that I entered into an agreement with JD Williams?

[els77]

I am fortunate enough to be in a position to repay this and all my other debts. Thankyou for your advice and help.

[Amethyst]

Apologies for having missed your previous post. If Lowell have not yet provided any documents you can leave out paragraph 4 entirely. Your defence is due in around 7th Feb I think? so far it is going to be pretty standard so there's no harm in putting that in, and then, if you wanted to, negotiating a reduced full and final settlement while you are in a good position - they're more likely to accept if they know they have to get the documents ( agreement and default notice at least ) to continue with the court proceedings.

[els77]

Can I just check that my dates are correct for filing my defence? Is it 28 days from the date on the claim
or 28 days from when I acknowledged the claim?

Ok, so I have acknowledged the claim to give me more time. Do you get 28 days now from the date on the claim? In my case 04/01/2019?

[Amethyst]

28 from service ... ie date you received the claim ( up to 5 days allowed - so as an outside it's 33 days from the date printed on the claim form - being 6th Feb absolute latest in your case ) My guess of 7th was a day out ( forgot Jan has 31 days ).

You want to file it 2nd/3rd really in case the MCOL system is broken and you have to email or post it to the court.

[els77]

I am posting out my defence today. I don’t have to have filled out the court paperwork do I? Just posting the letter I’ve written to the court is ok for my defence?