Buried my head now I have a claim

[echat11]

Remember to renumber the points as some have been removed.

a) Point 7 - Remove point 7, it's not Statute Barred.

b) Point 8 - Keep it as the key word is 'recall', so you didn't receive it at the time they sent it.

c) Point 12 - Replace 77-79 with 78. Yes, you can keep Postal Order in.

d) Point 13 - Remove point 13, that's really for you to get more information on the account.

e) Point 14 - 77-79 replace with 78.

f) Point 15 - Remove it completely, as no requests have been made.

You can file your Defence online via MCOL or Email it to: ccbcaq@justice.gov.uk (you should get an automatic email from the Court acknowledging that they have received it)

In the email subject line write - Claim No: XXXXXXXXX - DEFENDANTS DEFENCE - XXXXXXXXXXX V XXXXXXXXX

[adot88]

echat11 Hi, thanks for getting back so quickly to me.

I’m just brushing my defence and managed to find an email I sent to Lowell on the 17/02/202, I think this was the only communication actually sent before burying my head in the sand. Would I need to change anything in my defence based on this email?

here is the email below:

Apologies for not being in contact with you sooner, due to being deeply affected by the current circumstances, I have experienced extreme financial difficulties which have led me to fall into extreme debt.

As a result of the pandemic I could no longer afford to live where my family were previously residing, I had to make the decision to move in with family where my wife could stay whilst she was heavily pregnant and due any day. Due to losing my previous job, my current income has dropped by almost 2/3 less than what I was earning at my last job. At the moment, I simply cannot afford to make big payments to reduce the loans I have incurred as there are quite a few. I would really appreciate if someone could take my circumstances into account and help me talk through my options before things spiral out of control even more.

As it stands my mental health is being affected by this and also putting a strain on my marriage. I realise as the days go on my credit file is declining hence causing me even more stress as it makes me anxious about my future and the future of my family.

I want to correct these issue but I would really appreciate the guidance and support from yourselves.

If possible can we please discuss what the best options would be for me through email as I have a job which requires me to be away from my phone till late in the evening.

Thank you for your understanding. I look forward to hearing from you,

I know it’s a bit heavy but based on this would anything need to change on my defence?

thank you so much again!

[echat11]

No, you don't need to change anything (you've admitted their was an agreement at one point).

Did they ever respond to your email?

[adot88]

echat11

They did respond but they treated my email as a complaint which they did not uphold.

The main points from the email were:

what their complaints procedure was

NewDay Ltd reported to the credit reference agencies that this account defaulted on XX October 2020. When the account was sold to Lowell, they took over the responsibility for reporting the default to the credit reference agencies.

what it would look like on my credit report if I paid in full etc

They gave me 90 day breathing space

how to add a notice of correction to my credit file

also, I’m not sure if this worth mentioning but from my old emails it looks like a debt agency called Moorcroft group were acting on behalf of Newday first before Lowell stepped in.

[echat11]

echat11

They did respond but they treated my email as a complaint which they did not uphold.

The main points from the email were:

what their complaints procedure was

NewDay Ltd reported to the credit reference agencies that this account defaulted on XX October 2020. When the account was sold to Lowell, they took over the responsibility for reporting the default to the credit reference agencies.

what it would look like on my credit report if I paid in full etc

They gave me 90 day breathing space

how to add a notice of correction to my credit file

also, I’m not sure if this worth mentioning but from my old emails it looks like a debt agency called Moorcroft group were acting on behalf of Newday first before Lowell stepped in.

O.K., what they've sent is in someways a standard response, it might help later on.

Witness Statement etc. Try not worry, get the things you need to do done.

[adot88]

echat11 I’ve amended the defence but I thought I thought I’d put it in here in case anything needs correcting again. I’ll be emailing it around 10.

DEFENCE

1.The Defendant received the claim xxxxx from the Northampton County Court on xx/03/2023.




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 Card agreement regulated under the Consumer Credit Act 1974.




4.It is admitted that the Defendant has previously entered into an agreement with NewDay Ltd 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 NewDay ltd to Lowell Portfolio on xx/11/2020. The Defendant does not recall receiving notice of this assignment.




8.It is denied that NewDay Ltd 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.




9.On the xx/03/2023, 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 only been able to produce the Notice of Assignment. They have acknowledged a request for the Default Notice and Credit Agreement, which they have raised with Newday Ltd but have not yet produced any documents.




11.On the xx/03/2023, The Defendant sent a formal request for a copy of the original agreement to Lowell Financial pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee via postal order.




12.The Claimant has failed to comply with section 78 of the Consumer Credit Act 1974 and by virtue of section 78 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 his 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.




Statement of Truth

I believe that the facts stated in this defence statement are true. I understands 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.

[echat11]

echat11 I’ve amended the defence but I thought I thought I’d put it in here in case anything needs correcting again. I’ll be emailing it around 10.

DEFENCE

1.The Defendant received the claim xxxxx from the Northampton County Court on xx/03/2023.




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 Card agreement regulated under the Consumer Credit Act 1974.




4.It is admitted that the Defendant has previously entered into an agreement with NewDay Ltd 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 NewDay ltd to Lowell Portfolio on xx/11/2020. The Defendant does not recall receiving notice of this assignment.




8.It is denied that NewDay Ltd 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.




9.On the xx/03/2023, 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 only been able to produce the Notice of Assignment. They have acknowledged a request for the Default Notice and Credit Agreement, which they have raised with Newday Ltd but have not yet produced any documents.




11.On the xx/03/2023, The Defendant sent a formal request for a copy of the original agreement to Lowell Financial pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee via postal order.




12.The Claimant has failed to comply with section 78 of the Consumer Credit Act 1974 and by virtue of section 78 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 his 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.




Statement of Truth

I believe that the facts stated in this defence statement are true. I understands 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.

That's fine.

[adot88]

echat11
Hi, I hope your weekend was well.

I sent off the defence last night and got an automated email back.

What can I expect as the next steps from this point?

[echat11]

echat11
Hi, I hope your weekend was well.

I sent off the defence last night and got an automated email back.

What can I expect as the next steps from this point?

a) The Claimant has 28 days to respond to your Defence,
b) Depending on what they send / don't send, you might want to respond,
c) You will be sent a Directions Questionnaire by the Court, where you can state that you want Mediation,
d) The matter might be settled at Mediation, if not -
e) Both sides have to exchange Witness Statements 14 days before the Hearing,
f) The Hearing, then a Judgement in the case.

[adot88]

Hey @echa

[adot88]

echat11 Hey, I hope you had a lovely Easter.

thought I’d keep you updated on what’s going on. I still haven’t received my CCA or subject access request. I called the courts to see what’s going on and apparently they are around 12/14 working days behind.

Also, I haven’t had any communication from the other side yet so not sure if I need to do anything at the moment.

Thank you

[echat11]

echat11 Hey, I hope you had a lovely Easter.

thought I’d keep you updated on what’s going on. I still haven’t received my CCA or subject access request. I called the courts to see what’s going on and apparently they are around 12/14 working days behind.

Also, I haven’t had any communication from the other side yet so not sure if I need to do anything at the moment.

Thank you

There's nothing that needs to be done at the moment.

[adot88]

echat11 Hey, I hope you are well.

I had a response from the courts acknowledging my defence was submitted, this was sent to me a week ago and I also have had an email from Overdales on the 21st. The email is below:

We acknowledge receipt of your Defence, the contents of which are noted.

We note you do not deny entering into the agreement and have requested documentation in support of our client’s claim.
The outstanding documentation will be forwarded upon receipt.
For avoidance of doubt the Claim comprises the following Agreement you entered into:

New Day Limited (New Day) Account Reference xxxxxxxxxxxx

The Assignor has informed our client that you entered into the above agreement with New Day to provide you with a Debenhams Mastercard on X June 2018.

The last payment on the account was in the sum of £x5.77 on 2x March 2020.

The account defaulted on xx October 2020 with an outstanding balance of £X,110.51.

You failed to make payment in accordance with the terms of the agreements, it was later terminated and subsequently assigned to our client on xx November 2020.

The Notices of Assignment were sent to you on x December 2020.

Please note any documentation sent by email is in PDF format. Please let us know urgently should you have any difficulty in viewing the attachment or if you would prefer these to be sent in an alternative format.

Offer of Settlement
Our client remains confident that you are liable for the full amount claimed of £x,474.35. This Claim will therefore proceed as a defended matter with the issues determined by the Court if not resolved sooner. You will receive a Directions Questionnaire with your next steps separately from the Court.

In order to end this matter, our client is willing to accept the sum of £x,000.00 in full and final settlement of this Claim. The settlement sum can be made as a one-off payment, or we can review an instalment offer if this is more suitable to your circumstances.

By agreeing and maintaining a payment plan with us, this may avoid a hearing or County Court Judgment being entered against you, plus any additional costs being added to the outstanding balance. Our client has confirmed their willingness to mediate in the Directions Questionnaire, which may result in settlement without further legal action and costs. Should you wish to accept our offer to engage in mediation, this would be conducted over the telephone by an independent Court mediator. If you agree to mediation, please ensure you tick the “yes” box in part A1 of your own Directions Questionnaire which will be sent to your directly from the Court.


Is there anything that I need to do from this point or should I wait till the directions questionnaire?

Should I counteroffer as the settlement offer is still way too high for me?

Thank you in advance.

[echat11]

a) Await the documentation they send, it's really important to see what they actually send, see if it's compliant, the letter they sent is pretty standard.

b) Is there anything that I need to do from this point or should I wait till the directions questionnaire?

Yes wait for the DQ, from the Court, update the thread, when you get the DQ,

c) Should I counteroffer as the settlement offer is still way too high for me?

Yes, but mark any letters with offers with 'Without Prejudice',
Tell them about personal circumstances effecting you i.e. health, the cost of living crisis, etc

https://nationaldebtline.org/sample-...tlement-offer/

https://nationaldebtline.org/fact-sh...ent-offers-ew/

Make sure you get Proof of Postage and keep a copy.

[adot88]

echat11 Hey, I hope you have been well.

I haven’t received anything from the court directly yet.

I did receive the DQ from Overdales with the CCBC CC’ed into the email. I’m not sure if I should just take that as receiving the receiving the DQ and respond?

Overdale sent this over on the 28/04/2023, is there a time limit for me to respond to them or do I wait for the courts to send me the DQ directly?

I’ll keep you updated with any offers I send to them about settling.

Thank you.