Lowell vs Aldin450

[aldin450]

Hello,

Just following on from the basic first steps, I thought I'd start a thread with the requested info below:

Received a claim? - Yes
Have you Acknowledged the Claim?: Yes
Issue Date: 22/02/2024
Amount approx: £8800
Claimant: Lowell Portfolio I Ltd
Solicitor: Wilkin Chapman LLP
Original Creditor: Capital on Tap
Particulars of Claim:

1) The Claimant's claim is for [REDACTED] being monies due from the 1st Defendant to the Claimant in respected of a business credit card agreement between the 1st Defendant and [REDACTED].

2) The 2nd Defendant acts as Guarantor for the agreement and agreed to facilitate payment should the 1st Defendant fail to pay any sum due under the agreement

3) On 12/06/2023 the Claimant served notice that the debt had been assigned to them. A letter before action was send to both Defendants on 19 January 2024 but the debt remains unpaid.

4) And the Claimant claims interest on the sum due pursuant to The Late Payment of Commercial Debts (Interest) Act 1998 from the due date to the date of issue at the bank base rate plus [REDACTED] per annum being [REDACTED] and further interest on a daily basis until the date of Judgment or sooner payment at a daily rate of [REDACTED].

The Claimant claims (1) the sum of [REDACTED], (2) the interest of [REDACTED], (3) continuing daily interest of [REDACTED]

Is the debt Statute Barred? No

List any letters you have sent: None as yet

Any Other Info:

I've prepared a CCA request on it's own, and then a CPR request for Agreement, Assignement and Formal Demand using the templates from a saved thread on here.

Please let me know if you need any other information and thank you for any help in advance.

[echat11]

Hi ALDIN450

Welcome to LB


a) What you need to do is Acknowledge the claim online, that will give you an extra 14 days to work on you defence, so that 28 days in total, plus 5 days post.

b) Send Lowella CCA request for your account, they have 12 days to provide you with a copy of your original agreements. Make sure you get Proof of Postage.

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

c) Send Wilkin Chapman LLP a CPR 31.14 Request, they have 7 days to provide documents they are relying to make the claim. Make sure you get Proof of Postage.

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

d) Send Capital on Tap a SAR for the account, they have 30 days to provide all the details on the account. Make sure you get Proof of Postage.

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

Make sure you get your defence in on time, so 28 days from the date of the claim letter, note it in your diary, if you want the Defence checked post 5 days before it's due.

e) This is an example defence, amend it carefully to suit the current situation, wait nearer the 23th day (to see what documents you receive). Send a copy to the Court and their solicitors, make sure you get Proof of Postage for both.

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

[aldin450]

Thank you very much for your help ECHAT11.

All 3 document requests sent off today, so I'll keep you posted on which documents I receive and then kindly ask for some assistance to check my defence makes sense.

Thanks again

[aldin450]

Hello,

So just to give you an update.

I've not received a single document from either Wilkin Chapman or Lowell. I got an email acknowledgement from Wilkin Chapman to say they would instruct their client, Lowell, to send across the requested documents under the CCA. And they haven't. Nor have Wilkin Chapman complied with my CPR request.

So if you're able to have a quick scan over my defense below, I would be very grateful.


In the Northampton County Court Business Centre

Claim No: [XXXXX]

Lowell Portfolio I LTD

Claimant

And

[Defendants Name]

Defendant

DEFENCE

1.The Defendant received the claim [Claim Number] from Northampton County Court on 24/02/2024

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 New Wave Ltd t/a Capital on Tap 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.It is denied that New Wave Ltd t/a Capital on Tap 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.

8.On the 27/02/2024, The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Wilkin Chapman LLP. I requested the Claimant provide copies of the Agreement, Formal Demand and Notice of Assignment.

9.Wilkin Chapman LLP has not sent any of these documents to the Defendant.

10.On the 27/02/2024 The Defendant sent a formal request for a copy of the original agreement to Lowell Portfolio I LTD pursuant to section 77 or 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11.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.

12.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.

13.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.

14.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.

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

Statement of Truth

I believe the facts stated in this [name 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]

The Business Credit Card was it taken out to supply of credit to a limited company?

[aldin450]

Hi echat11,

Yes that is correct.

Many thanks,

Aldin450

[echat11]

Can you provide further information, the background etc. I guess you are the Guarantor and Director of the company?

[aldin450]

Yep that’s correct - so the credit card was for my Limited Company and as part of that agreement, they require a personal guarantee if the company defaults on the repayments, they would then come to me directly. And yep I’m both the Guarantor and Director of the company.

I actually want to also pursue Capital on Tap on their lending practices, as it was obvious that I’d had previous issues keeping up with repayments, and they increased my credit limit from £1,000 to £8,000 without any affordability checks. But that’s a separate topic!!

If you need any other background information, please let me know and I’ll try and give more details.

Many thanks for your help!

[aldin450]

Hi echat11

Thank you for your advice so far.

Would my defence be okay to file?

Many thanks,

Aldin450

[echat11]

Hi echat11

Thank you for your advice so far.

Would my defence be okay to file?

Many thanks,

Aldin450

Is your Guarantor agreement covered by the Consumer Credit Act 1974? (it will say in your agreement)

If so you can lodge the following with the Court via MCOL. It might be an idea to send a copy to Wilkin Chapman LLP.


In the Northampton County Court Business Centre

Claim No: XXXXX

Lowell Portfolio I LTD

Claimant

And

XXXXXXXXX

Defendant

DEFENCE

1.The Defendant received the claim XXXXXXXXX from Northampton County Court on 24/02/2024

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 New Wave Ltd t/a Capital on Tap 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 New Wave Ltd t/a Capital on Tap to Lowell on 12/06/2023. The Defendant does not recall receiving notice of this assignment.

8.It is denied that New Wave Ltd t/a Capital on Tap 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 27/02/2024, The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Wilkin Chapman LLP. I requested the Claimant provide copies of the Agreement, Formal Demand, Default Notice and Notice of Assignment.

10.Wilkin Chapman LLP has not sent any of these documents to the Defendant.

11.On the 27/02/2024 The Defendant sent a formal request for a copy of the original agreement to Lowell Portfolio I 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 s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (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 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 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.

Signed ________

Dated ________