Lowell vs Tmum21

[MIKE770]

@ECHAT11

[echat11]

Thank you, court has asked for both sides to enter documents within 14 days of the telephone hearing which is 3rd March. They’ve only just sent all this through so now I guess I have like 3 days to reply not 14
it’s just strange doing it this way, kind of like the first defence point but it’s not. Would I still use this as a template?

Yes, then copy and paste it onto this thread.

Don't leave it until the last minute, have it posted on here tomorrow.

[Tmum21]

Hi

So I've taken a few details out, I dont think 6. and 7 apply to me?
I'm not sure point 11 is correct?


Ive gone through all the details theyve sent now. Previously have sent me statements etc but default and assignment were missing.
So I have-
3 reconstituted agreements with cap1, and theres a statement about continue if you want to be bound by the conditions blah blah
2 what appear to be default notices for cap1. A blank default notice for shop direct with this screenshot saying they've done it and in their position statement it says "which would have been sent in compliance with s87"

3 reconstituted assignment notices. The shop direct screenshot includes a screen where it says it was sold on 4.1.20. But their reconstituted letter and their statement say 6.1.20. None have a letter head

The reconsituted credit agreements have no signature I don't know if that matters?

Their statement finishes on a low blow saying they want the court to consider extra charges for unreasonable behaviour??!! Ive only dealt woth them in writing with these requests. They pointed out I previously made an error with the debt is denied!

Thank you for your help, here is what I have....



In the County Court at xxxxx

Claim No: xxxxxx

LOWELL PORTFOLIO I LTD

Claimant

And

xxx

Defendant

DEFENCE

1.The Defendant received the claim xxxxx from the Northampton County Court on xx Jun 2021

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

3.This claim is for Credit Card and Catalogue Account agreement regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has previously entered into agreements with Original Creditor 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/states the agreement was entered into on xx/xx/xxxx]

7.[The Defendant contends the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years]



8.The Claimants statement of case states that the account was assigned from Shop Direct Finance Company Limited to ‘Assignor’ on 06 January 2020. The Defendant does not recall receiving notice of this assignment.

8. The Claimants statement of case states that the accounts were assigned from Capital One to ‘Assignor’ on 30 April 2020. The Defendant does not recall receiving notice of this assignment.



9.It is denied that Shop Direct Finance Company Limited or Capital One 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.

10.On the 18 June 2021 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 Solicitors. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

11. Overdales Solicitors has not sent any of these documents to the Defendant.

12.On the 18 June 2021The Defendant sent a formal request for a copy of the original agreement to Shop Direct and Capital One pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

13.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.

14. 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 declined. [The Parties agreed to an extension to the time period allowed for filing of the defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.]

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 his 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.

[echat11]

Can you check the agreements for Shop Direct, Capital One (b) and Capital One (c) for the following -

'You have to be sent a “true copy” of the agreement – this doesn’t have to be a photocopy of the original agreement. It must be legible and it must include:

• your name and address when the account was opened;
• the creditor’s name and address when the account was opened;
• the terms and conditions of the account at that time, including the cost of credit (the Annual Percentage Rate), when you have to make payments and your cancellation rights; and
• any other documents that were mentioned in the Terms and Conditions.

It doesn’t have to have your signature on it. Indeed if you opened the account online you may well have signed it “digitally” and there is no document with your physical signature – this is perfectly legal'

[Tmum21]

Hi

thabk youbhlive looked through and they seem to have all the details on. I can’t see what other documents might have been sent with them

[echat11]

Hi

thabk youbhlive looked through and they seem to have all the details on. I can’t see what other documents might have been sent with them

Are they legible? Can they be read easily?

[echat11]

In the County Court at xxxxx

Claim No: xxxxxx

LOWELL PORTFOLIO I LTD

Claimant

And

xxx

Defendant

DEFENCE

1.The Defendant received the claim xxxxx from the Northampton County Court on xx Jun 2021

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

3.This claim is for Credit Card and Catalogue Account agreement regulated under the Consumer Credit Act 1974.It is admitted that the Defendant has previously entered into agreements with Original Creditor 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 Claimants Particulars of Claim fail to state when the Shop Direct Finance Services, Capital One Europe (b) and Capital One Europe (c) agreements were entered into.

7.The Claimants statement of case states that the accounts were assigned from Shop Direct Finance Services, Capital One Europe (b) and Capital One Europe (c) to the Assignor,but failed to give dates. The Defendant does not recall receiving any letters of Assignment from the Assignor.

8.On the 18 June 2021 The Defendant sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Overdales Solicitors. I requested the Claimant provide copies of the Agreements, Default Notices and Notice of Assignments.

9.It is denied that Shop Direct Finance Services, Capital One Europe (b) or Captal One Europe (c) 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 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.

10.Overdales Solicitors has sent some of the requested documents to the Defendant, but not all the requested documents has been sent. The documents that the Defendant has been sent (agreements and Letter of Assignments) do not comply to the Consumer Credit Act 1974 and section 136 of the Law Property Act 1925.

11.On the 18 June 2021 the Defendant sent a formal request for a copy of the original agreement to Shop Direct and Capital One pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

12.The Claimant has failed to comply with s 78 (1)] Consumer Credit Act 1974 and by virtue of s78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

13.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.

14.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.

15.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.

16.It is denied that the Claimant is entitled to the relief as claimed or at all.

Celestine can you please take a look.

'Ive gone through all the details theyve sent now. Previously have sent me statements etc but default and assignment were missing.
So I have-
3 reconstituted agreements with cap1 (**2 Cap and 1 Shop Direct**), and theres a statement about continue if you want to be bound by the conditions blah blah
2 what appear to be default notices for cap1. A blank default notice for shop direct with this screenshot saying they've done it and in their position statement it says "which would have been sent in compliance with s87"

3 reconstituted assignment notices. The shop direct screenshot includes a screen where it says it was sold on 4.1.20. But their reconstituted letter and their statement say 6.1.20. None have a letter head

The reconsituted credit agreements have no signature I don't know if that matters?

Their statement finishes on a low blow saying they want the court to consider extra charges for unreasonable behaviour??!! Ive only dealt woth them in writing with these requests. They pointed out I previously made an error with the debt is denied!'

[Tmum21]

Yes you can read them all, they are like hot off the press

[Tmum21]

So I need to get this out today it’s 14 days before the hearing, I’ve had a read and I’m point 10 about the documents, should that be default and assignment? One I’ve not had a default notice at all apart from a blank one which they say “would have been sent”
the assignment notices which are all reconstituted is that legally possible. I’ve looked at other cases and seems to go by judge? But one says they shouldn’t wholly by relied on. All of the documents are reconstituted I think. Possible original default notices for capital one and that’s it.

I’m just scared I might say the wrong thing in the hearing and mess it up.

[echat11]

So I need to get this out today it’s 14 days before the hearing, I’ve had a read and I’m point 10 about the documents, should that be default and assignment? One I’ve not had a default notice at all apart from a blank one which they say “would have been sent”
the assignment notices which are all reconstituted is that legally possible. I’ve looked at other cases and seems to go by judge? But one says they shouldn’t wholly by relied on. All of the documents are reconstituted I think. Possible original default notices for capital one and that’s it.

I’m just scared I might say the wrong thing in the hearing and mess it up.

Change 'agreements' to 'Default Notices', if your happy with it email it to the Court and the other party. Make sure you send it to the correct email addresses.

Put the correct information in the Subject line - Claim Ref: XXXXXXXXXXX - DEFENCE - XXXXXXXXX v XXXXXXXXXX.

10.Overdales Solicitors has sent some of the requested documents to the Defendant, but not all the requested documents has been sent. The documents that the Defendant has been sent (Default Notices and Letter of Assignments) do not comply to the Consumer Credit Act 1974 and section 136 of the Law Property Act 1925.

If you get stuck shout.You are going to be o.k., do some preparation. You can do this. Concentrate on the strong points in your case.

[Tmum21]

Thank you so much for your help. I just don't know what my strong points are :s I think the default notice which is a screen shot is possibly one. The other 2 seem to be posed as legit copies of originals. All the other documentation is reconstituted. I think I am having trouble grasping if they know reconstituted is not accepted then why have they used them?
I've sent the defence off. I did add that in point 10 the documents were only sent on the 14th feb meaning they took from June last year to send them.

Overdales Solicitors has sent some of the requested documents to the Defendant on 14 February 2022, but not all the requested documents have been sent. The documents that the Defendant has been sent (Default Notices and Letter of Assignments) do not comply to the Consumer Credit Act 1974 and section 136 of the Law Property Act 1925.

If they try to raise it that I've refused to engage I am mentioning it took them 8 months to fulfil the CPR with reconstituted documents. Is that a good thing to say?!

I am in this awful position because I moved away from my abusive ex and his family, most of the spending is on things like blinds for the house, car seat for the baby and even rent, council tax. Then I lost my job and I was even worse I couldnt pay anything. Universal credit took the mickey, they were incorrectly deducting me left right and centre which they put right after around 6 months. I'm trying to better myself I am at uni and I am 18 months from being a fully qualified teacher, and I am feeling like even when I get out of this awful system I will be no better off because of these vultures

[echat11]

The fact that everything is 'reconstituted' is worrying, unable to produce a single original document. Sounds like they are trying their luck.

[Tmum21]

I think they have 2 original default notices from cap one. Are all of the reconstituted documents supposed to contain original details? So like the blank default notice template they have put in that would be no good?

[echat11]

I think they have 2 original default notices from cap one. Are all of the reconstituted documents supposed to contain original details? So like the blank default notice template they have put in that would be no good?

Yes, reconstituted, that's the whole point, you gather all the original details and put them all in a document (as they were at the time'.

It might take some time, but upload all the documents, remove all personal details.

You need to do it so agreement, default notice and notice of assignment for each account are grouped together. Mark them so we know which documents belong to which account.

[Tmum21]

Sorry I’ve only just seen your message, where shall I upload pics to?