Court Letter Lowell & Shop Direct

[junkmanukuk]

Hi

My GF has received a letter from Northampton County court for a claim, I have completed AOS defend in full online

Shall i do the same as i did here as ive never heard back from them

https://legalbeagles.info/forums/for...abot-financial

Received a claim? Yes

Issue Date: 25/01/2023

Have you Acknowledged the Claim?: Yes - Defend in Full

Total Amount Claimed : £1302 (£1402 including court fees etc)

Claimant’s Name: Lowell portfolio

Solicitors Firm: Overdales Solicitors

Original Creditor: Shop Direct

Original Debt (eg. Credit card/Loan/Overdraft): Online Shopping Account

Particulars of Claim: The claim is for the sum on £1212 due by the defendant under a agreement regulated by the Consumer Credit Act 1974 for a Shop Direct account with an account reference of XXXXXXXX.
The defendant failed to maintain contractual payments required by the agreement and a Default notice was served under a 87(1) of the consumer credit act 1974 which has not be complied with
The debt was legally assigned to the claimant on 21-02-22, notice of which has been given to the defendant.
The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £89.58.
The claimant claims the sum of £1302.

Is the debt Statute Barred : No

List any letters you have sent (eg: CCA/ CPR ): None Yet

Any Other Information or Background Details: I did have a account and but im unsure how much it was for



Thanks

[junkmanukuk]

Hi can some check that this is ok

Claim Number xxxxxxx

Request for documents mentioned in a statement of case under CPR 31.14

On 25/01/2023 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on 25/02/2023.

1. Agreement

2. Default Notice

3. Notice of Assignment

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim.

I, as Defendant, am entitled to see the documents on which the Claimant relies and which you must produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, 20/02/2023.

I look forward to hearing from you.

Also is do i need to SAR to the original creditor,

Thanks

[echat11]

Hi can some check that this is ok

Claim Number xxxxxxx

Request for documents mentioned in a statement of case under CPR 31.14

On 25/01/2023 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on 25/02/2023.

1. Agreement

2. Default Notice

3. Notice of Assignment

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim.

I, as Defendant, am entitled to see the documents on which the Claimant relies and which you must produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, 20/02/2023.

I look forward to hearing from you.

Also is do i need to SAR to the original creditor,

Thanks

It's fine, make sure you get Proof of Postage.

Sending a SAR to the original creditor is fine.

[junkmanukuk]

Thats great thanks for the reply

[junkmanukuk]

Hi Is this correct

Defence


In the Northampton County Court Business Centre

Claim No:

LOWELL PORTFOLIO LTD

Claimant

And



Defendant

DEFENCE

1.The Defendant received the claim from the Northampton County Court on 27/01/2023

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 agreement regulated under the Consumer Credit Act 1974.

4. It is admitted that the Defendant has entered into an agreement 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.

7.The Claimants statement of case states that the account was assigned from Shop Direct to LOWELL PORTFOLIO LTD on 21/02/22. The Defendant does not recall receiving notice of this assignment.

8.It is denied that Shop Direct 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 20/2/2023 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.

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

11.On the 20/2/2023 The Defendant sent a formal request for a copy of the original agreement to LOWELL PORTFOLIO LTD pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

12.The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

13.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.]

14.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.

15.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.

16.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.

17.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 document being verified 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.

Signed ________

Dated ________

[echat11]

11. [77 or 78], it s78, delete s77.
12. do the same as 11.
13. delete completely.

Renumber as you've deleted 13.

[junkmanukuk]

11.On the 20/2/2023 The Defendant sent a formal request for a copy of the original agreement to LOWELL PORTFOLIO LTD pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

12.The Claimant has failed to comply with section 78 Consumer Credit Act 1974 and by virtue of section 78 Consumer Credit Act 1974 cannot enforce the agreement.


That right?

Thanks

[echat11]

11.On the 20/2/2023 The Defendant sent a formal request for a copy of the original agreement to LOWELL PORTFOLIO LTD pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

12.The Claimant has failed to comply with section 78 Consumer Credit Act 1974 and by virtue of section 78 Consumer Credit Act 1974 cannot enforce the agreement.


That right?

Thanks

Yes.

[junkmanukuk]

Hi

Thanks for all your help

But we received a Notice of Proposed Allocation to the Small Claims Track

Take Notice

1 This is now a defended claim

The defendant has filed a defence

2 It appears that the case is suitable for allocation to the small claims track

If you believe that this track is not the appropriate track for the claim you must complete box c1 on the small claims directions questionnaire and explain why

3 You must by the 2 may complete the questionnaire

We are unsure what to do

Do we need to do anything as im the Defendant and we haven't heard anything from Lowell portfolio

Many Thanks

[junkmanukuk]

Hi

I just saw this on someone else post about Small Claims Track

And they were advised to & i gather i should do the same?


You are basically giving the Court information, so they can decide the Track and plan for a (Mediation or) Hearing.

A1 - Yes

B - You know the details

C - Yes

D - No - The claimant has failed to provide the documents stated in their Statement of Case which were requested on XX/XX/XXXX and made under the CPR 31.14 to the Claimants solicitors.

E1 - Hearing venue near you XXXXXXXXXX, because xxxxxxxxxxx.

E2 - No.

E3 - 1

E4 - You know your schedule.

E5 - You know this.

[echat11]

If you haven't received the CCA request, state that you haven't received that to.

Providing it applies then yes you can use the same information, but do check.

[junkmanukuk]

OK thxs also do I have to send a copy to there solicitors or just to the court?

Thanks

[echat11]

OK thxs also do I have to send a copy to there solicitors or just to the court?

Thanks

To the Court and their solicitors, make sure you get Proof of Postage for both.

[junkmanukuk]

Many thanks

[junkmanukuk]

Hi my form is different I dont have the option Suitability for determination without a hearing


What shall i do?

Thanks