CCJ claim from lowell

[8iscuit]

hi all

i am new to this forum and find myself here seeking your advice about a CCJ i have received from lowell just got back from a 10 days working away so i have lost time to respond already

Received a claim? Yes

Issue Date: 23 january 2020

Have you Acknowledged the Claim?: no

Total Amount Claimed : 2800 but this is 3 different accounts put together

Claimant’s Name: lowell portfolio ltd

Solicitors Firm: lowell solicitors ltd

Original Creditor: shop direct finance,EE finance,Vodafone finance
Original Debt : very account and two mobile contracts
Particulars of Claim: 1. The claim comprises the following agreements the defendant entered into
A. shop direct finance company ltd with reference xxxxxx and current balance of xxxxx
B. Vodafone finance uk ltd with reference xxxxx and current balance of xxxx
C. EE finance plc with reference xxxxx and current balance of xxxxx
the agreements were terminated as payments were not maintained and subsequently assigned to the claimant
A. the total of the said sums being £2800
B. interest pursuant to s69 county courts act 1984 but limited to 1 year,being £xxx
C. costs

Is the debt Statute Barred, no and i did have agreement with lowell for these accounts but failed to keep up with payments when not working

List any letters you have sent. i have not sent any letters

Any Other Information or Background Details:basically messed these accounts up around 5 years ago was suffering with depression at the time and failed to maintain any payments with the mobile contracts but the shop direct account became a matter of not paying them as they delivered expensive wardrobe and was damaged but they refused to take return of the item and wanted to offer compensation but i refused that so was at stand off while interest accumalated then they sold to dedt collection. i enterec into arrangement with lowell at big discount to settle these accounts then lost my job failed on a couple of payments so they removed are agreed discount and put back to the original amount i owed.

thanks in advance if anybody can help me im not sue what to do going forward

[jaguarsuk]

First Acknowledge Claim

Then send a CCA Request to lowell portfolio ltd requesting a copy of the credit agreement with shop direct finance company ltd with reference xxxxxx and EE finance plc with reference xxxxx. Enclose wit each a £1 cheque or postal order. Write 'CCA 1974 STAT FEE ONLY' across the top of the front of each cheque/postal order.

Send a CPR 31.14 Request to lowell solicitors ltd with a copy of the CCA request and requesting copies of:

shop direct finance company ltd credit agreement with reference xxxxxx
EE finance plc credit agreement with reference xxxxx
Vodafone finance uk ltd agreement with reference xxxxx
Notices of Default
Notices of Assignment

Send Subject Access Request Letter to Shop Direct, Vodafone and EE for all the information they have on you and ask them when they sell a debt whether they send the notice of assignment or they allow the company buying the debt to do so on their behalf.

Finally before sending everything make copies for your records.

Hopefully you have all the information regarding the shop direct account dispute? As that amount is based on the faulty goods and was in dispute I might be wrong, but I believe Lowell bought all liabilities with the account, thus we might be in the position to actually counter claim against these parasites.

You were entitled to the goods delivered as described under the Consumer Rights Act and the offer of compensation is an admission they were not, so if Lowell have bought the liability their defence to a counter claim will be interesting as I bet their solicitors do zero Consumer Rights cases.

[pt2537]

Im back in Court with Lowells in 3 weeks with an application for summary judgment. Their pleaded case probably makes no reference to a default notice, if thats the case then then their pleaded case for the shop direct element will be defective because a default notice is needed before they can pursue a claim

[8iscuit]

thank you for your reply.i have just copied some letters to send a cca request to lowell for each case and i will do the same to the solicitors for the cpr 31.14 request but as i read that request can i ask them for notices of default and notices of assignment as that is not mentioned in particulars of claim.

i will also send subject access request letter to all 3 companies but worried i am running out of time with all this feling abit stressed at the minute,to top it off my printer is broke so will need to buy one later tonight and get these printed off and sent in next couple of days

i am prepared to pay at some point as getting case struck out might be hard so if we can prolong the process while i work by butt off to get the money together if they do win a judgement i then have 30 days to pay to stop the ccj going on my credit report

[jaguarsuk]

If you did the first thing I told you to you have until 4pm on Tuesday 25th February 2020 to file a defence, which is plenty of time.*

[jaguarsuk]

You can ask for Notices of Assignment because they state each was assigned to the claimant, but as Paul points out they are not pleading that you were sent default notices and you can’t ask for those as a result.*

As Paul also points out that is a good thing.

[8iscuit]

yes thank you i did as you said and acknowledged the claim online so i now have the extra 14 days meaning 28 days in total to file a defence not really got any idea how to defend this though as i have no information about the accounts to use as defence but im going to try my best

i have got a new printer so will get these letters printed off and sent out tomorrow possibly friday,should i send by recorded delivery and i will have to figure how to sort a postal order never done one of those before.

thanks

[jaguarsuk]

You have 33 days, 28 days plus 5 days for service.*

Postal Order is easy, just go to the post office counter and ask for them, they’ll ask who to make it payable and then take cash or a card payment for them.

Don’t worry, we’ll see what comes back and then be able to concoct a Defence from there.*

If you haven’t heard anything in 10 days, come back here and give this thread an update, then you can start using the template Defence from here to draft it.

[8iscuit]

Hi all i have had update from lowell solicitors got the letter today with with a credit agreement and statement for the shop direct account and a statement for the ee account and they said they have requested a statement from Vodafone.
They basically say they confirm receipt of my correspondence snd say they received this from there client so send all future to them and say the confirm receipt of acknowledgment of service and appropriate action has been taken.also say that in relation* to ee and Vodafone accounts there are telecommunications matters so are not regulated by consumers credit act*
I will upload more info when on laptop later but seems they have the info they need for shop direct account but have basically just sent my final bill from ee account will most likely get the same for the Vodafone as they say they are getting g the stateme.not sure what to do really as I haven't heard anything else back from the letters I sent yet? Just this from there solicitors*

[jaguarsuk]

Well they're going to have a pretty hard time arguing in court that a company they have listed in their Particulars of Claim with the word 'Finance' as part of their name does not provide credit and that your agreement isn't covered by a credit agreement.

You will defend on the grounds that the shop direct account is not owing because the original creditor has never served a default notice contrary to the Consumer Credit Act 1974 s.87 which is compliant with s.88. You'll defend the EE part on the basis that you requested a copy of the credit agreement with EE Finance, but the claimant refuses to provide one claiming that the services provided by a finance company are not covered by the CCA 1974. You'll defend the Vodafone part on the basis you asked for a copy of the contract you entered into, the claimant has confirmed they cannot provide it and how can a court rule on the terms of a contract, any breach of said terms, rights of cancellation and any penalties/monies owing without seeing the terms allegedly entered into. And if in fact it were the case EE Finance Plc didn't provide credit, that this would also apply to that alleged contract.

On all counts you'll say you requested notices of assignment (you didn't say they have sent them) which have not been provided and pursuant to the Law of Property Act 1925 s.136 in the absence of copies of the Notices of Assignment from Shop Direct, EE Finance and Vodafone you dispute the legal right of the claimant to bring the claim.

Start with the Example Defence and tailor it to your situation, post a draft here for review with identifying information removed.

[8iscuit]

Thank you for your reply and I am sorry for the delay...I will draft my response this evening and post for it tobe checked over by tomorrow had unexpected bereavement in the family and this went to back of my mind.

I can add that I have received very limited info back from all the requests I made nothing new has come from my last post so will drop up a defence from your advice and thanks to all for your help

[8iscuit]

hi i am just looking to submit my defence but realised its 34 days am i to late or will they still accept

[MIKE770]

get on line and submit see what happens now

[8iscuit]

I am going to submit this evening my defence ain't the best but worth a shot

[8iscuit]

I defend the claim made against on the basis that i have never received all documents from original creditors or the claimants solicitors so i have limited evidence to work with .It is denied that shop direct finance 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.
I have requested agreements and notices of assignment for accounts held with ee finance plc and Vodafone finance uk ltd but had no documentation sent regarding these accounts and without the contracts present i am unable to defend myself against the term and conditions of the contract
On all counts i requested notices of assignment which have not been provided and pursuant to the Law of Property Act 1925 s.136 in the absence of copies of the Notices of Assignment from Shop Direct, EE Finance and Vodafone i dispute the legal right of the claimant to bring the claim.