Lowell court claim

[Amethyst]

Threads merged xxx

So judgement was originally entered because the claimant falsely informed the court you'd completed the admission form ( probably based on the conversation you had with them when asking them to set instalments to stop court proceedings) They were unable to prove this to the court so the judgements been set aside as per previous posts.

Did you file your defence?

[Furbinka]

Hello Amethyst,

Yes its same case.

Recap:

I recieved court claim at the start of May, called the claimant to stop court proceedings. Claimant took from me my financial statement, outgoings - income. After giving them this informations, claimant didn't agreed to stop court process, ask me to set up DD for set amount, but the CCJ would still be issued. I said no to this.

Claimant then went and submitted my admittance form to court.

Meanwhile, I acknowledged the service with intention to defend.

I recieved judgement against me. I contacted court and advise them, I didnt admit the claim.
Court contacted claimant to request my Admission form, claimant didnt provide it, because they didnt have it.

Case went in front of District Judge and he ordered Judgement to be set aside.

I dont know what's going to happen next, or if I should do something.

[Furbinka]

I did file my defence by email to court. Recieved email back, that they can't enter my defence as they were awaiting District Judge order how to proceed.

[Amethyst]

Okay - no you need not do anything regarding the order - the judgment has been set aside and the claim is back as it was had judgment not been entered. It should be removed from the register ( and subsequently your credit file) within a month or so.

You do now need to file your defence though. The order is silent in that regard so might be worth checking with the courts when that needs to be done so that the claimant can't just go for a default judgment.

Has anything changed since you wrote your defence ? Have they sent copies of any documents at all or just that letter refusing to due to the judgment?

[Furbinka]

Good morning Amethyst,

Nothing changed. Recieved only that email stating they are not obliged to provide the documents I requested, CCA and CPR31.14.

Lowell's were contacting me by phone, calling 4 times a days, to try and make me pay the instalments, claiming that can send bailiffs around if I dont. That was day before I recieved this Distric Judge order.

Other then that, no other info or contact.

Thank you

[Furbinka]

I filled the defence by email, court couldn't enter that previously, but I think now judgement was lifted, they can submit it. I will give them call on Monday and see if I need to submit it again or previous email is fine.

My defence look like this:

In the Northampton County Court Business Centre
Claim No: .......
Lowell Portfolio I LTD
Claimant
And
...........
Defendant
DEFENCE
1.The Defendant received the claim ........ from the Northampton County Court on
10th of May 2019.
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 a Catalogue account agreement regulated under the
Consumer Credit Act 1974.
4.It is admitted that the Defendant has previously entered into an agreement with Very,
Littlewoods/Additions Direct for provision of credit. But it is denied that the Defendant
has previously entered into agreement with Claimant.
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 states the agreement was entered into on
19/05/2009.
7.The Claimants statement of case states that the account was assigned
from Very/Littlewoods/Additions Direct to Claimant on 29/10/2018. The Defendant does
not recall receiving notice of this assignment.
8.It is denied that Very/Littlewoods/Additions Direct 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.

9.On the 13th of May 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 Soliciotors Limited. I requested the Claimant provide copies of the Agreement,
Default Notice and Notice of Assignment.
10.Lowell solicitors has not sent any of these documents to the Defendant.
11.On the 13th of May The Defendant sent a formal request for a copy of the original
agreement to Lowell Portfolio pursuant to section 78 of the Consumer Credit Act 1974
along with the statutory £1 fee.
12.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.
13. The Defendant have 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 never replied.
14.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.
15.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.
16.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.
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.

[Amethyst]

Leave paragraph 4 out. Presumably you haven't entered into an agreement with Littlewoods and additions direct and very, but you might have entered into an agreement with shop direct which is the parent company of all of the catalogues. If their claim says Littlewoods /very /additions direct it shows they don't even know which catalogue the debt is for. And as they are just trading names of shop direct they are really going to have to amend the particulars to include the actual legal entity that you had the agreement with. You can say you have held catalogues in the past however the claimant fails to give sufficient information for you to accurately identify which counts they are talking about.

In paragraph 9 you need to correct the spelling of solicitors

I'd also add in somewhere that they haven't sent any breakdown of the account or evidence of any purchases made on the account and at this stage you are unable to identify for which catalogue they are actually claiming for debt is for.

Do they give you any date of default anyway?, as they state the agreement was entered into in 2009 but wasn't assigned until 2018 so you have concerns that any debt may be statute barred by virtue of the limitations act 1980 section 5

In paragraph 2 of their particulars they state that you breached terms and didn't make minimum payments, but they haven't given a date or said which terms you have breached hence why you require a copy of the agreement as requested under your CPR and CCA requests.

I think you just want to expand it a little bit more the basics are okay

[Furbinka]

Thank you Amethyst!

Shall I send another email to court and amend the previous defence. Will that be possible?

No, I dont have original default date or anything.
My credit file not showing Very and their default. Only Lowels with account default date as a December 2018.

THanks again for your help.

[pt2537]

if that order is correct then you dont need to do anything, the judgment has been set aside, however its perhaps important to ask if you did indeed submit a defence to the claim?

[Furbinka]

Thank you PT2537,

I will call court today and ask if my previous defence going to be logged in or I need to supply it again.

Thank you for your help.

[pt2537]

Thank you PT2537,

I will call court today and ask if my previous defence going to be logged in or I need to supply it again.

Thank you for your help.

I would resupply it anyway, perhaps with a courtesy letter saying to the effect that, "Upon recieving the court order, and noting the judgment had been set aside, i thought it prudent to reserve my defence just for completeness in case it had not beeen recorded on the Court files.

[Furbinka]

Hello.

I did resubmit my defence to court yesterday, so it should be logged in now.

I have one more question, when I log in to money claim, it still showing as judgement was issued, no update.
Does that mean that claimant trying to have District Judge order set aside please?

Thank you

[Furbinka]

Hello all,

So today I checked money claim online and judgement has been removed on 28/06 and my defence submitted also. Yay!

Still not any paperwork from Lowell's.
Should I chase them as their last email said they are not obliged to send me CCA agreement or any documents requested in CPR31.14 because judgement was already issued or shall I just wait what they come up with?

Many thanks

[Furbinka]

Update.
just recieved directions questionnaire from Lowell's.

Still nothing from court.

Also no requested documents from Lowell's, CCA or any documents from CPR.

What should be my next step please?

Thank you

[Amethyst]

If you haven't received an order to provide your directions questionnaire by, say, Friday, you can give the court a call and check with them Whether they sent it and if they've received Lowells