LOWELL County Court letter help

[MrFeud]

Hi, I recieved a letter from the county court on 11th Feb 2020. The debt regarding a shop direct account which I had taken out for a family member when I was 18 and a O2 sim only contract which I never used. I have never responded to any threatening letters from lowell or anyone else and its nearly at that 6 year mark for the shop direct account. I have submitted acknowledgement on the Money Claim service online and said I'm going to fully defend the problem is I have no idea how to and what to do next and I found this forum online and seems to be a good place to get help.

The total debt is £1184.64 (including legal fees)

The particulars of the claim are:
1)The claim comprises the following agreements the defendant entered into:
a. Shop Direct Finance Company Limited with reference ******** and current balance of £765.99
b. Telefonica UK Ltd with reference ********** and current balance of £192.01
The Agreements were terminated as payments were not maintained and subsequently assigned to the claimant.
And the claimant claims:
a) The total of the said sums being £958.00
b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, but limited to one year, being 76.64
c) Costs

The claimant believes that the facts stated in this claim form are true and I am duly authorised by the claimant to sign this statement

Signed Simon Plunkett
(Claimants Legal Representative)










Another thing I dont understand is they say the debts are with Lucas credit services on the lowell website and a letter from lowell Solicitors however on the court form it shows the claimant being Lowell portfolio.


please help and direct me in what I need to do ne t as I'm completely lost.

Kindest Regards

[MrFeud]

Update after a bit of research I have used the templated from the library to create CCA request and CPR 31.14 Request.
I have created a CCA request for both telephonic and shop direct separately and a CPR request for them both now with the address the one on the court claim form is PO BOX for lowell Solicitors should I send it there? How would they sign for it? And another question do I need 3 postal orders for £1 each for each document? Not sure all just 1 that covers all three?
*

[MrFeud]

Also on the CPR template is says the date I will defend is ... i have no idea what to put do I just but a date within the 30 day window?

[MrFeud]

Update: I have managed to print off the letters 3 copies of each...
I have CCA REQUEST for both shop direct and telefonica to lowell portfolio and the CPR 31.14 TO GO TO THE LOWELL SOLICITORS ADDRESS WHICH I WILL ALSO SEND COPIES TO THEM.
HIS THIS CORRECT? NEED TO KNOW BEFORE I SEND?

[MIKE770]

two different claim roiled into one are you saying???

[MrFeud]

Yes Mike they are two different debts rolled into one Court claim against me... I have sent off the letters two CCA requests and the CPR yesterday both signed for and with postal orders with the CCA requests

[MIKE770]

rob*

[MrFeud]

So I sent my defence and all requests and I believe the court case is stayed however lowell have emailed me today with documents some which look dodgy as in the grammar and addresses is literally just my surname no "Mr" I can upload documents or send them in private message if someone could take a look for me

[MrFeud]

Bump....

Help please.

[Leaf]

Hi - you can upload the documents here - just remove name, address, account numbers. (Scan, pdf and use editing tool to block out)
Two claims in one is awkward because they have different CCA obligations. You could find flaws with the Shop Direct account but still have the telecoms account to deal with.
did you acknowledge the claim online, what date is your defence due?

[MrFeud]

Hi thanks for the reply yes I did submit my defence and I will post below a copy I had a letter saying the defence had been acknowledged by the court and the claimant had 28 days to respond in which they did not however I received this email from them with the attached documents.

Email:


Dear Mr *********,

Our Client: Lowell Portfolio I Ltd
Claim Number: ********
Balance: £1,184.64

We write in reference to your Defence dated 6 March 2020.

We note your request for documentation.

Please find attached the available documentation for the below accounts.

Claim 1: Shop Direct Finance Company Limited ********** (Lowell Reference) - Littlewoods agreement numbered **********.

• Credit Agreement
• Statement
• Default Notice
• Notices of Assignment

Claim 2: Telefonica UK Ltd ************ (Lowell reference) - O2 Mobile agreement numbered *************.

• Statement
• Notices of Assignment

Please note from our correspondence dated 24 February 2020, you were made aware a copy of agreement and default notice would not be provided for O2. As this account is a telecommunications account which is not regulated by the Consumer Credit Act 1974, there is no legislation in place for the Original Creditor, O2 Mobile, to retain a copy of the Agreement however a copy would have been provided at the time of entering the Agreement. Also there is no requirement for a default notice to be provided.

Settlement Offer:

Please note our client is keen to solve the matter amicably and is willing to accept an appropriate settlement sum. Should you wish to settle, please provide an offer of payment in order fpor us to review the matter further with our client.

Should we fail to hear from you within 10 days from the date of this email our client may instruct us to take further action.

You may wish to seek independent legal advice from your local Citizens Advice Bureau, or a firm of solicitors of your choosing.

We look forward to hearing from you.

Yours Sincerely,

Lowell Solicitors Limited

[MrFeud]

This is my court defence I sent:


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 13TH FEBRUARY 2020
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 Catalogue Account and a mobile contract agreement regulated under the Consumer Credit Act 1974.
4.It is denied that the Defendant has previously entered into an agreement with Shop Direct Finance Company Limited or Telefonica for provision of credit.
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 fail to state when the agreement was entered into.
7.It is denied that Shop Direct Finance Company Limited or Telefonica 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.
8.On the 20/03/2020 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 LTD. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment for each of the debts.
9. Lowell Portfolio I LTD or Lowell Solicitors LTD has not sent any of these documents to the Defendant.
10.On the 20/03/2020 The Defendant sent a formal request for a 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 for both alleged debts.
11.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.
12.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.
13.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.
14.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.
Signed ********
Dated 06/03/2020

[MrFeud]

Bump

[Leaf]

Hi - I can’t see any attachments to your post. From the list you supply of all the documents sent, it does sound as if Lowell have complied with their statutory duties. As indicated in my earlier post, telecoms accounts have different rules.
If the documents they have sent to you are correct, then you may have to consider their offer of settlement. Even though this is at court stage, they would halt that via a Tomlin Order if you enter into a payment plan (which will be based on an Income & Expenditure assessment.) Sounds like they’d also consider a F&F settlement at a lower amount of you could manage a lump sum?

[MrFeud]

Would it be wise for me to offer 50 pounds a month and how would I do this just reply to email?