Claim form received Lowell.. Shopdirect and capital one. Help needed

[Token23]

Claim form dated on the 25th August 2020
Claim form received on the 27th August 2020

Capital one debt £3k
Shop direct debt £2.5k

I have awknowledged the claim form but have yet filed a response.

CCA has been requested from Lowell and received, however they haven't provided original documents from the lenders such as -
1. Agreements / Contract
2. Default Notices
3. Notice of Assignments

I Sent a CPR 31.14 Request to lowell on 2. 9.20 along with £1 and have yet to receive anything.

I would also note both of these debts have been logged with the Ombudsman to review complaints are to the original lenders (not lowell)

There appears discrepancy with the amount owed for Shopdirect it looks like its out by couple of hundred pounds and also looks like it has been recorded twice in my credit file, with slightly different amounts (couple of hundred out)

Can I have some guidance for my defence, I appreciate this is now time critical, as I have only couple of data. to reply and file defence. Any assistance would be much appreciated.

Thanks
Token23

[MIKE770]

Ombudsman will be treated as a separate issue, will have no bearing on court procedure,at this time, concentrate on court case !! Example Defence adjust to suit, I went to court and Judge stated await Ombudsman report had to jolly Ombudsman along with judges recommendation as 2 month allowed before a judgment, Ombudsman did respond after a lot of hassle and be honest would not make a report of any good stating it was a Judiciary matter and a court to decide, their forms now ask if court proceeding were initiated?? sure others will advise for you here?? shop direct up the amount on account by hundreds,on selling it., they did me then when they sold debt to a debt purchaser, I pointed out lack of paid credits to account I hold proof, also made complaint outstanding, no further action was taken except a bad entry for 6 years on CRA file and only one CRA removed after I complained about false entry amount and problem.


submit defence via MCOL a day or so before deadline as Lowells play dirty all the way round, and can kill off any factors you make, late defence stops then, i.e. state on such a date you request CCA/etc no response has been afforded by the etc make sure on submission that is still fact.

Send a DSAR request to originators this should show all transaction and info on your accounts (free of charge 30 days to respond) Subject Access Request Letter

[MIKE770]

Send defence in just before deadline as lowells play dirty all along, stating date document request made and up to date ) if not received) do not give them a chance to mess up defence on submission. do it on MCOL say a day or so before deadline sure others will advise also, also stick to facts and if you can prove incorrect amount owed show it later when instructed by courts, do not give Lowells an inch to look deep for arguments, etc/ keep file by date order, do not talk to lowells on phone etc.,

make DSAR request to originators not Lowells

[Token23]

Thank you so for your input.
Will be filing the defence today.

If I defend on the basis of I have had the original
1. Agreements / Contract 2. Default Notices
3. Notice of Assignments

Lowell did send me DSAR in zip file, from which doesn't include any of the meaningful documents above.

Also in my defence do I include my tracking no. and proof of the letter requesting the CPR 31.14 to lowell debt solicitors.

Is there anything I need to add in my defence.

Is it just a waiting game after submitting the defence?

Will this most likely go to mediation?

[MIKE770]

Celestine

[MIKE770]

always go to mediation they will ask if you agree then mediator will ask have you the necessary documents to proceed to mediate = no means no mediation and case back to court

[MIKE770]

they are out standing all the documents you asked for then? they try to buy time, did you CPR 31.14 the request for documents??

[MIKE770]

have asked help for you so await response on here = meantime answer any question put

[Token23]

I have just received letter from Lowell solicitor this morning from CPR 31.14 request I made at the start this month. This what they detailed on the letter I received

We confirm receipt of your recent correspondence dated 2 September 2020. We are currently managing two accounts on behalf of our client, Lowell Portfolio I ltd.
which have been consolidated under the reference number xxxxxx. The details of
Dear xxx
the accounts are as follows:

Capital one
Shop direct

With regards to your request under the Consumer Credit Act 1974, the relevant
66,613
documentation has been requested from our client. Once a response has be
received, this shall be forwarded to you. Please be advised, we are unable to control
the timeframe in which we receive a response from our client.
Our client is under no obligation to disclose the Deed of Assignment to you. This is a private record of a contract between our client and the
original creditor, the terms of
which are commercially sensitive and confidential. No part of the Deed of Assignment
could provide support or assist in any Defence you may wish to raise and you have
neither need nor right to be privy to that content
The Deed of Assignment is a confidential agreement between our client and the
original creditor containing information to which you are not entitled to see. Our client
will not disclose this information to you and no other agreement/novation agreement
exists or has relevance to this matter.
As you are aware a County Court Claim was issued with a deemed service date of
31 August 2020. You should read it fully and respond to the Claim as you deem
appropriate; you may wish to seek independent legal advice with regards to this
matter
Failure to respond to the Claim may result in us applying to enter a County Court
Judgment (CCJ) in Default to be entered against you. This would mean further
costs and could make it difficult for you to obtain credit, mortgages, or even
some employment whilst it remains unsatisfied on your credit file for six years.

Yours sincerely,



Any guidance on the next steps, I expect its the same as nothing has changed as there is stil no proof debts evidenced?

[MIKE770]

bog standard reply, if necessary (not in many cases) the court can be asked to order disclosure, but as stated only in exceptional cases and lowells know this = probably response template 3rd drawer down

[MIKE770]

still no proof as I stated earlier the defence is that but make sure correct when you use MCOL day before? help asked for you

[Token23]

Thanks will await your further assistance

[Token23]

If the claim form is dated 25th August, what is the last day, I need to respond on?

[MIKE770]

Now on line = keep up to speed

[Token23]

Can anyone help me draft defence please it's urgent.

Particulars of Claim
1)The Claim comprises the following
Agreements the Defendant entered into
a Capital One
with reference and
current balance of £
6. Shop Direct Finance
with reference xxxx and
current balance of £
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
b) Interest pursuant to 800 County Courts Act
1984 at the rate of 0% per annum from the
date of assignment to the date of issue, but
limited to one year, being £
c) Costs

Thank you in advance