Buried my head now I have a claim

[adot88]

I’ve probably made the biggest mistake in my life by burying my head in the sand with this.

This all started during Covid when I had lost my job and was unable to keep up with my creditors. During that time I became jobless and was having a baby and since then I’ve just buried my head hoping it would go away. I’m completely stressed out with this and don’t even know where to begin.

Would it be a good idea to contact Lowell and offer token payments just to stop it from going to court? I was even thinking to maybe ask if I could get a reduced settlement figure where I can pay in monthly instalments. I know these debt companies buy these debts for pennies on the pound and I’m just hoping If I offered a low amount because I can’t afford anything at the moment, if that would work?

Received a claim? Yes/No: Yes

Issue Date: 01/03/2023

Have you Acknowledged the Claim?: No, have no clue what to acknowledge or how to respond

Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000) £2550

Claimant’s Name: Lowell Financial

Solicitors Firm: Overdales Solicitors

Original Creditor: NewDay LTD

Original Debt (eg. Credit card/Loan/Overdraft) : CREDIT CARD

Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):

The claim is for the sum of £2200

due by the Defendant under an agreement regulated by the Consumer Credit Act 1974 for a NewDay Ltd

account with an account reference of xxxxxxxxxxxxxxx

The Defendant failed to maintain contractual payments required by the agreement and a Default Notice was served under s.87(1) of the Consumer Credit Act 1974 which has not been complied with.

The debt was legally assigned to the claimant on 20-11-20, 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 £168.84

The Claimant claims the sum of £2300

Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): I may have contacted them a few years ago saying I can’t pay right now due to financial issues but I really can’t remember

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

Any Other Information or Background Details:

I really need help on and have no clue what I’m doing.

Any help on this will be appreciated.

Thank you for your time.

[adot88]

I still need to respond to the claim form, if anyone can help with what I should respond with and how to do so, that would be great.

Thank you

[adot88]

I’ve also seen people send things like a CCA request, should I do that?

[MIKE770]

Acknowledge Claim on line then come back here admit nothing but tick defend all do not send CCA etc until asked to do so on here. keep file in date order from now on.

echat11

[echat11]

Try to calm down, do as Mike says, then the following:-

a) Acknowledge claim online via MCOL, deny the whole debt.

https://legalbeagles.info/library/gu...ledge-a-claim/

b) Send a CCA Request, make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...etter-example/

c) Send a CPR 31.14 Request, make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...-of-documents/

d) Send a Subject Access Request, make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

After you have Acknowledged Service online via MCOL, work out when your Defence is due. You have 14 +14 days, so 28 days, (you also have 5 days postal). Note the date in your diary, don't forget regardless of what information is or isn't sent.

[adot88]

MIKE770

[adot88]

echat11

Hi, thank you both for getting back to me here. I wanted to get back to you guys once I got this sorted but have had issues getting logged into MCOL. Hopefully this should be resolved by tomorrow and I will have the documents posted as well. I just wanted to ask, do I said these directly to Lower or to Overdale solicitors (I was going to send it to both).

Also, should I email the different request over to them as well?

again, thank you for helping me.

[adot88]

send these directly to Lowell**

[echat11]

a)I just wanted to ask, do I said these directly to Lower or to Overdale solicitors (I was going to send it to both).

To Lowell's - Send a CCA Request, make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...etter-example/

To Overdales - Send a CPR 31.14 Request, make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...-of-documents/

To New Day Ltd - Send a Subject Access Request, make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

[adot88]

echat11

Hi,

Unfortunately, due to my son being in hospital, I’ve only just been able to reply to the claim online.

I believe I was in the time frame as the claim was issued on the 01/03/2023, which gave me till the 20/03/2023 (including the 5 days). I acknowledge the claim as you said on the 19th, fingers crossed this should be okay. It’s been a stressful month with a lot of ups and downs.

I’ll be sending the request today once I get my son home. I’m hoping it’s not too late to send this over. Judging by what you previously said, my defence is due on the 03/04/2023. Would you be able to confirm this for me?

Also, to speed things up, I’m thinking of sending the request via email as well. Do you think this is a good idea?

What would the next steps need to be once I receive this information?

Thank you.

[echat11]

a) I believe I was in the time frame as the claim was issued on the 01/03/2023, which gave me till the 20/03/2023 (including the 5 days). I acknowledge the claim as you said on the 19th, fingers crossed this should be okay. It’s been a stressful month with a lot of ups and downs.

If the claim was issued on the 1st March, it had to be acknowledged within 14 days, that gives you a further 14 days to request the information and file your defence. But don't worry about that now. Just get things done.

b) I’ll be sending the request today once I get my son home. I’m hoping it’s not too late to send this over. Judging by what you previously said, my defence is due on the 03/04/2023. Would you be able to confirm this for me?

Yes, that is correct, but aim to get the defence done by the 28th March.

c) Also, to speed things up, I’m thinking of sending the request via email as well. Do you think this is a good idea?

That's fine, providing you get confirmations that they've been received by the claimant and their solicitors.

d) What would the next steps need to be once I receive this information?

Your next step is to get your defence done by the 28th March and emailed to the Court and a copy sent to the claimants solicitors.

This is an example defence, amend it, copy and paste back onto this thread (leave out all personal details).

https://legalbeagles.info/library/gu...-court-claims/

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, I’ve received my NOA from overdales. However, they are chasing the original creditor for my CCA and have advised will get in contact once they have this.

Lowell have acknowledged my email but have not responded yet to my email or letter sent with any documents.

I spoke to the courts and they have advised that I have 3/04/2023 to get my defence in but ideally want to get this boxed off as soon as possible.

I also asked newday via telephone for the subject access request, they did say they will send me an acknowledgement but haven’t yet.

As I haven’t received the documents yet, do I still just follow the defence template sent?

thank you

[MIKE770]

State on such a date dsar requested to Newsday as of today's date outstanding

[echat11]

echat11 Hi, I’ve received my NOA from overdales. However, they are chasing the original creditor for my CCA and have advised will get in contact once they have this.

Lowell have acknowledged my email but have not responded yet to my email or letter sent with any documents.

I spoke to the courts and they have advised that I have 3/04/2023 to get my defence in but ideally want to get this boxed off as soon as possible.

I also asked newday via telephone for the subject access request, they did say they will send me an acknowledgement but haven’t yet.

As I haven’t received the documents yet, do I still just follow the defence template sent?

thank you

Yes, have a go at the Defence with the information you have at hand, post it on this thread, removing all personal details, I can check and add any corrections that may be needed to the defence.

[adot88]

echat11

Hi, I hope you both have been well. Unfortunately, I’ve again been back and forth with the hospital for my 1 year old. I thought I’d leave it till today to see if I get any documents in the post or email following the request previously sent. I’ve only received the NOA today from Overdales and they’ve stated they have requested the default notice and credit agreement with NewDay.

I’ve written my defence and to be honest felt like I had no idea what I was doing. Here it is below:

DEFENCE

1.The Defendant received the claim XXXXXX 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 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]




(Not sure if I should keep point 7 as the card was applied for mid 2018 so nearly at the 5 year mark)




8.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.




(Should I keep section 8 or amend this to anything else as it’s true I don’t remember receiving the NOA, however Overdales solicitors have sent in proof of NOA but no other documents yet)




9.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 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 2X/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.




11.Overdales Solicitors have 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.




12.On the 2x/03/2023, The Defendant sent a formal request for a copy of the original agreement to Lowell Financial pursuant to section 77-79 of the Consumer Credit Act 1974 along with the statutory £1 fee via postal order.

(should i keep the postal order)




13.On the 2x/03/2023, The Defendant requested a Data Subject Access Request of all information held to NewDay as of 02/03/2023 still outstanding.




14.The Claimant has failed to comply with section 77-79 of the Consumer Credit Act 1974 and by virtue of section 77-79 Consumer Credit Act 1974 cannot enforce the agreement.




(Really not sure about point 14 of this is correct. Would you please be able to look over this?)




15.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.




(I haven’t done the above so do I need to mention anything from point 15?)




16.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.




17.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.




18.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.




19.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.


Again, thank you for your help and time with all of this.