Lowell vs Tmum21

[Tmum21]

I informed them via their messaging service as that is the only method of contact. There was no mention of this in their information. But Im not sure if I did a SAR, I did the CA & CPR by the looks of my saved files

[Tmum21]

This is the email, but the account doesnt load to see the message

[echat11]

I haven't added the unreasonable charges / interest. Fill in the XXXXXXXXX Read it to make sure you can sign the Statement of Truth. After 11. you've got 1, should read 12, you've got 2, should read 13 - please change before emailing. Also get rid of the silly square boxes.

The evidence you need to attach is:

a) Very account - Lowells letter of Notice of Assignment.
b) Very account - Very Default Notice (blank).
c) Capital One (two accounts) - both Agreements.

That needs to be emailed to the Court, remember subject line Claim Ref No and Lowell v XXXXXXXXX. Other side too if you have been instructed to do.

1.The Defendant received the claim XXXXXXXXX from the Northampton County Court on XXXXXXXXX.

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3.This claim is for a Credit Cards (Capital One) and Catalogue Account (Very) agreement regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has previously entered into an agreement with the Original Creditors 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 agreements were entered into.

7.The Claimants statement of case states that the accounts were assigned from Capital One and Very to Lowell Portfolio. The Defendant does not recall receiving notice of this assignment.

8.It is denied that Capital One and Very 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 XXXXXXXXX The Defendant sent a formal request for a copy of the original agreement to XXXXXXXXX pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

10.On the XXXXXXXXX the Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Overdales requesting the Claimant provides copies of the Agreements (Capital One x 2 accounts, Very x 1 account), Default Notices (Capital One x 2 accounts, Very x 1 account) and Notice of Assignments (Capital One x 2 accounts, Very x 1 account).

11.The claimant has provided copies of Notice of Assignments letters for 2 x Capital One accounts and 1 x Very account, albeit the ‘header / company name’ on the Notice of Assignment letter is missing from the Lowells Notice of Assignment for the Very account. The Financial Conduct Authority’s, Principle 7, Principles for Businesses says: "A firm must…communicate information…in a way which is clear, fair and not misleading."

1. The claimant has provided copies of Default Notices, 2 x Capital One accounts and 1 x Very account, albeit the Default Notice for Very is a blank template with no details / information which breaches section 88 of the Consumer Credit Act 1974, that the notice was not in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983. The Claimant has still not complied with Civil Procedure Rule 31.14.
2. The claimant has provided copies of Agreements, 2 x Capital One accounts and 1 x Very account, albeit the Terms and Conditions for the 2 x Capital One accounts has been ‘varied’ since the original accounts were set up by the original creditor. The claimant has failed to provide copies of the ‘varied’ Terms and Conditions as required by the Consumer Credit Enforcement Default and Termination Notice Regulations 1983.

Where an agreement has been varied in accordance with section 82(1) of the Act, the Financial Conduct Authority considers that, by virtue of Regulation 7 of the Copies of Documents Regulations, the duty is to provide not only a copy of the agreement as originally executed but also either - a copy of the latest variation given in accordance with section 82(1) of the Act relating to each discrete term of the agreement which has been varied, or a clear statement of the terms of the agreement as varied in accordance with section 82(1) of the Act. The Claimant has still not complied with Civil Procedure Rule 31.14.

14.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.

15.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.

16.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead her case else the Claim should stand struck out.

17.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend her 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

I believe that the facts stated in this defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Celestine

[Tmum21]

Thank you, does it still need the indents?

[echat11]

Thank you, does it still need the indents?

No, after 11. you've got 1, that should read 12, you've got 2, that should read 13 - please change before emailing, remove indents. There is a gap between 12 and 13. Also get rid of the silly square boxes. Make sure you read it.

[Tmum21]

Sorry I was being dim, of course it doesnt. The paragraph starting "Where an agreement ...." does that need numbering or is it a continuation from para 13?

[Tmum21]

Ive just spotted point 6. They have stated it later on with their evidence they sent into court 2 days before the deadline! and its on the agreements I think. Does that matter? - But yes its definitely missing from the POC

Ive copied to a word doc and edited it and formatted all the same font etc

[echat11]

Ive just spotted point 6. They have stated it later on with their evidence they sent into court 2 days before the deadline! and its on the agreements I think. Does that matter? - But yes its definitely missing from the POC

Ive copied to a word doc and edited it and formatted all the same font etc

Yep, but it refers to the Particulars of Claim, it's not stated in there, so it stays in.

[Tmum21]

Brilliant, I have just scanned all my docs and I will have another read and I'm ready to send. Feeling much more hopeful now, you are amazing!!

[Tmum21]

Just one thing, what do I say in my cover email? AMended defence due to late submission from Over dlaes (in better words)?

[Tmum21]

Oh wow. I thought I would have a look at the Very T&C situation, they emailed me back saying I have to log into my account and contact that way. That then gives me a phone number to the most useless set of people Ive ever encountered in my life.

But I have just spotted the APR given on the account has changed from 39.9% to 49.9%!!

I have no notification of this at all, No idea when it changed. So we need to amend

[Tmum21]

Sorry for the 99 comments, I've just added the very account to the sentence about the capital one accounts, is that ok?

[echat11]

Just one thing, what do I say in my cover email? AMended defence due to late submission from Over dlaes (in better words)?

Yes.

[echat11]

Sorry for the 99 comments, I've just added the very account to the sentence about the capital one accounts, is that ok?

Yes that fine, So all three accounts has 'varied' Ts & Cs. So amend, very easy to do.

[echat11]

Sorry I was being dim, of course it doesnt. The paragraph starting "Where an agreement ...." does that need numbering or is it a continuation from para 13?

Yes, it's part of point 13.