Lowell county court claim letter? Advice needed!!

[Jametch]

Hi,

My mother has just shown me a letter she received from a county court on behalf of Lowell demanding £1166.89 (£735 is the original debt plus all the bits they add on)

I have had a look online and found various other cases where these have been contested and just need some advice.

My mum says that the debt would have occurred at the latest the back end of 2007, making this debt about 7 years old.

The debt was originally a catalogue called Empire and everything I have read keeps directing me to the Limitations Act 1980.

My mum panicked and has only got until tomorrow to reply to them so I'll be looking at emailing them or not she intends to pay.

What I need clarifying is: is a catalogue account treated as a speciality contract as the time limits vary? And what would be the best way to continue?

Any help or advice on this situation would be greatly appreciated.

[FlamingParrot]

Re: Lowell county court claim letter? Advice needed!!

Hi and welcome to LB!

Hi,

My mother has just shown me a letter she received from a county court on behalf of Lowell demanding £1166.89 (£735 is the original debt plus all the bits they add on)

I have had a look online and found various other cases where these have been contested and just need some advice.

My mum says that the debt would have occurred at the latest the back end of 2007, making this debt about 7 years old.

The debt was originally a catalogue called Empire and everything I have read keeps directing me to the Limitations Act 1980.

Indeed, if no payment or written acknowledgment has occurred since 2007, then it would be statute barred. :grin:

My mum panicked and has only got until tomorrow to reply to them so I'll be looking at emailing them or not she intends to pay.

What's the date on the claim? You have 14 days to acknowledge the claim from DATE OF SERVICE, which is calculated by adding 5 days to the date on the claim form. :clock:

When you acknowledge and state your intention to defend the claim in full, you get an extra 14 days to submit a defence. :clock: :clock:

If the claim was issued through the Northampton Bulk Centre, it can usually be acknowledged online on the MCOL website, using the password printed on the claim form. :typing:

What I need clarifying is: is a catalogue account treated as a speciality contract as the time limits vary? And what would be the best way to continue?

Any help or advice on this situation would be greatly appreciated.

No, a catalogue account would be subject to the usual six year limitation period.

As for the way forward, there are two options:

1. Acknowledge the claim, stating intention to defend in full and send the usual CCA and CPR requests;
2. Submit a statute barred defence straight away. A SBd defence would be something like:

The claimant’s claim was issued on the [XX/XX/2014].

The Claimant's defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of Section 5 of the Limitation Act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

The Claimant's claim to be entitled to payment of £1166.89 or any other sum, or relief of any kind is denied.

If you guys are pretty sure about the dates, then you can just submit the above, which would put the ball in their court and they'd have to PROVE it's not SBd.

[Celestine]

Re: Lowell county court claim letter? Advice needed!!

Hello - Welcome to Legal Beagles :beagle:

OK, catalogue accounts are exactly the same as other credit debts like loans and credit cards.

So if your mum defaulted on her credit card in 2007, then there is a good chance the account is time barred under The Limitation Act 1980; which is a complete defence to any court claim.

Does your mum remember when she opened the catalogue account?

You could try checking your mothers credit file to see if the debt is showing at all. The credit file will show the default date from which you may be able to work out what happened.

You say your mum has a letter from the County Court? Has she received an actual court claim? If so, when did she receive it?
You may need to take very swift action.

[Jametch]

Re: Lowell county court claim letter? Advice needed!!

Hi

thank you for your quick replies. It was issued on 31st of Jan so I believe we have just about scraped into the 14 day bracket.


It was sent via the Northampton bulk centre and have just completed the acknowledgement of service online.

In regards to the Cca and CPR requests, would we just send them to the claimants address of include them within our defence text?

I did try and get a credit report for my mum but they all need to confirm I'd by card details, my mum no longer has a bank account as she has been defrauded each and every time she has had one!

thank you

[FlamingParrot]

Re: Lowell county court claim letter? Advice needed!!

Hi

thank you for your quick replies. It was issued on 31st of Jan so I believe we have just about scraped into the 14 day bracket.

It was sent via the Northampton bulk centre and have just completed the acknowledgement of service online.

Indeed! I make it tomorrow as the last day!

In regards to the Cca and CPR requests, would we just send them to the claimants address of include them within our defence text?

You would send the requests BEFORE submitting a defence.

• The CCA request is for a copy of your mum's agreement, which, knowing catalogue companies, is likely to be non-existent. You'd send that one to Lowell by recorded delivery with a PO for £1. It's important to sign it digitally, using a computer font and not her real signature. They have 14 days to respond. Would be a good idea to send a copy to the solicitors acting for Lowell, without the fee, just for reference.
• The CPR 31.14 request is for a copy of documents mentioned on the particulars of claim, you'd send that one to the solicitors, who are they? BW Legal or Bryan Carter? Send it recorded delivery, they should respond in 7 days, if they don't, your mum can ask them to agree to an extension of up to 28 days to submit her defence.

[FlamingParrot]

Re: Lowell county court claim letter? Advice needed!!

Request under CPR 31.14 to the solicitors:

Dear Sirs,


Re: XXXX v YYYYY
Case No: xxxx

CPR 31.14 Request

On January 31st 2014, I received the Claim Form in this case issued by you out of the Northampton County Court.

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest your entire claim.

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following documents mentioned in your Particulars of Claim:

1. The Agreement. Together with the relevant terms associated with that account, you will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.
2. The notice of assignment.
3. The default notice, compliant with 87(1) of the Consumer Credit Act 1974.

Although your claim is for a sum which does not exceed £10,000.00 and thus in all likelihood it will be allocated to the small claims track once I deliver my defence, however as I am unable to lodge my defence at this moment, the case has not been allocated to a track for determination upon delivering a defence, as a consequence the provisions of CPR 27(2) have no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise.

You should ensure compliance with your CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

Where I have mentioned a document and there is in your possession more than one version of that same document owing as a result to a modification, obliteration or othermarking, or feature, each version thus will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any, and all version(s) and include an obligation to recover and preserve such version(s) that are now in the possession of a third party.

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.

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

I do hope this will not be necessary and look forward to hearing from you.

Yours faithfully

[FlamingParrot]

Re: Lowell county court claim letter? Advice needed!!

CCA request to Lowell with £1 PO, copy to solicitors. :thumb:

Dear Sirs,

Account or Reference No.:

I hereby formally request a copy of my Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974).I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit (12 + 2 days).

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

In line with recent OFT Guidance (issued Oct 2010) surrounding Unenforceability, I presume you're aware that the OFT has stipulated that 'sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements'. This simply means that under these sections a debtor can pay £1 to get:

• a copy of their agreement
• copies of some of the other documents mentioned in their agreement
• a statement of account

If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:

• make the debtor pay the debt before they're supposed to
• get a court judgment against the debtor

So, in line with the OFT Guidance, and the Consumer Credit Act, please find attached my £1 payment, which is the statutory fee - note that these funds are not to be used for any other purpose.

Yours faithfully

[Jametch]

Re: Lowell county court claim letter? Advice needed!!

Hi just to keep you updated, the defence on the web has been sent as have the 3 letters, I heard back today from the solicitors saying they are awaiting instruction from their client and by my estimations I should receive the documents or a reply from Lowell by Thursday of next week.

[Jametch]

Re: Lowell county court claim letter? Advice needed!!

Hey received this letter from Bryn Carer Solicitors.


'We write further to your letter dated 22 February 2014 requesting disclosure under part 31 of the civil procedure rules.


We confirm the claim form was issued by the Northampton county court bulk centre and that the courts protocol was followed when issuing the claimants particulars of claim. Practise direction 7C point 1.4 (3A) eliminates the requirement to attach the documents to the particulars of claim when they are issued by this court.


We confirm this matter will most properly be allocated to the small claims track as this is a simple contractual matter and part 31 of the civil procedure rules will therefore not apply.

In any event the notices of default and assignment left the control of the claimant when they were dispatched to you.

It is the original creditors policy to issue agreements at the start of the contract and statements throughout the duration of the agreement and, in this regard, we ask you to refer to your own records.

We confirm our client is not agreeable to an extension for filing your defence

we confirm we are in receipt of your acknowledgement of service.

as you will be aware a claim was issued in this matter on 30 January 23014. Please respond to the claim using the response pack provided by the court. You should comply with the deadlines outlined by the court in order to avoid a default judgement being entered against you.'

I have responded with the defence outlined in a previous post online. But now I am unsure as to what to do. My mum wouldn't have kept all the paperwork from that long ago and we cant even check her credit file as she no longer has a bank account which they all need to verify details.

Any help would be appreciated

[ncf355]

Re: Lowell county court claim letter? Advice needed!!

See HERE for how to reply to this exact letter!