Court Claim - Lowell Portfolio I LTD / Shopacheck - 18-01-2016

[dbc1702]

Hi everyone, I tried using the court claim automatic form, but it kept on saying message too short so have manually recreated it here,

Received a claim? Yes
Issue Date: 18-1-2016
Amount approx: under £1000
Claimant: Lowell Portfolio 1 LTD
Solicitor: Lowell Solicitors Limited
Original Credit: Shopacheck

Particulars of Claim:
1) The defendant entered into a Consumer Credit Act 1974 regulated agreement with Shopacheck under account reference ******** ("the agreement").

2) The defendant failed to maintain the required payments and a default notice was served and not complied with.

3) The agreement was later assigned to the claimant on 2012 and notice given to the defendant.


4) Despite repeated requests for payment, the sum of *** remains due and outstanding.


And the claimant claims

a) The said sum of ***


b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, acrruing at a daily rate of *** but limited to one year, being ***.


c) Costs

Stat Barred? No

Have sent:

UPDATED 21.01.2016
1) Acknowledgement of service - Online MCOL Website (20/01/2016)
2) CCA REQUEST - £1 postal order - Signed For Post (21/01/2016)
3) CPR 31.14 - Requesting Default Notice, CCA Agreement and assignment - Signed For Post (21/01/2016) ( thanks Nemesis45 )


Other Info:

Cannot for the life of me remember having shopacheck, but then again in 2012 my head wasup my proverbial **** as my mother died that year.

I have never received any default notice from Shopacheck or Lowells, I am very good with paperwork/documents/post, everything that comes that is official if filed in ring binder boxes...

If I had received any default notice I would have acted.

Also, I never received any letter from Shopacheck / Lowells to inform me that the debt has been re-assigned.

I am not denying the loan but also am not accepting it as I just do not know, what I do know is I have had 20 + loans from shopacheck in the past since circa 2000 , so do have a financial history with the company
I have looked through any/all paper work kept from previous loans but cannot find details of the one they are referring to with the reference number they gave me in the Particulars of Claim.

Any advice would be appreciated, and thank you in advance to anyone who takes the time out of their own lives to help me, I would be very grateful and gracious.

[nemesis45]

Re: Court Claim - Lowell Portfolio I LTD / Shopacheck - 18-01-2016

Good morning Welcome to LB,

This could be one of your early loans it seems.
Also send a request under the provisions of
Civil Procedure Rule 31 .14 (no fee) for the documents mentioned
in the statement of claim i.e. The Agreement, The Default Notice, The Notice of Assignment.
This Goes to Lowell Solicitors.

Use the template from the forum library.
send by signed for post.

[dbc1702]

Re: Court Claim - Lowell Portfolio I LTD / Shopacheck - 18-01-2016

Good morning Welcome to LB,

This could be one of your early loans it seems.
Also send a request under the provisions of
Civil Procedure Rule 31 .14 (no fee) for the documents mentioned
in the statement of claim i.e. The Agreement, The Default Notice, The Notice of Assignment.
This Goes to Lowell Solicitors.

Use the template from the forum library.
send by signed for post.

Hi nemesis, than you so much for looking in, i'm so sorry I could not reply earlier as I was rushing, however, I did read your post earlier and act on it. I sent a cpr 31.14 as per the template in the library asking for the items, I sent it first class signed for to Lowell Solicitors Ltd.

Thanks so muc for keeping an eye on me and offering support/help.

I will reply back with their reply if I get one..

[nemesis45]

Re: Court Claim - Lowell Portfolio I LTD / Shopacheck - 18-01-2016

Hi nemesis, than you so much for looking in, i'm so sorry I could not reply earlier as I was rushing, however, I did read your post earlier and act on it. I sent a cpr 31.14 as per the template in the library asking for the items, I sent it first class signed for to Lowell Solicitors Ltd.

Thanks so muc for keeping an eye on me and offering support/help.

I will reply back with their reply if I get one..

Happy to help dbc!

[dbc1702]

Re: Court Claim - Lowell Portfolio I LTD / Shopacheck - 18-01-2016

Quick Update:

Lowell Portfolio 1 LTD received CCA Request on 22nd. Lowell Solicitors received CPR request today, both signed for and proof signature's printed off and filed in date order in my bundle.

Am I to expect the usual dross from Lowell Solicitors regarding CPR not being valid regarding small claims track....... and if so shall I right back saying it does (even though my initial cpr stated this) CPR template from library used.

[nemesis45]

Re: Court Claim - Lowell Portfolio I LTD / Shopacheck - 18-01-2016

Quick Update:

Lowell Portfolio 1 LTD received CCA Request on 22nd. Lowell Solicitors received CPR request today, both signed for and proof signature's printed off and filed in date order in my bundle.

Am I to expect the usual dross from Lowell Solicitors regarding CPR not being valid regarding small claims track....... and if so shall I right back saying it does (even though my initial cpr stated this) CPR template from library used.

Ok,

Please keep us up to speed on this.

nem

[dbc1702]

Re: Court Claim - Lowell Portfolio I LTD / Shopacheck - 18-01-2016

Mini Update:

Received a reply from Lowell Solicitors 30/01/16, With regards to my CPR 31.14 request.

They thank me for my letter and note the contents. They state that they have requested the required documents from their clients and will forward these to me upon receipt.

They also made sure in the letter that I was aware that there is a limited amount of time for me to respond to the legal proceedings and that failure to do so within the court timescales, could result in a CCJ being entered against me.

No response yet from Lowell Portfolio regarding the CCA request..

[charitynjw]

Re: Court Claim - Lowell Portfolio I LTD / Shopacheck - 18-01-2016

Mini Update:

Received a reply from Lowell Solicitors 30/01/16, With regards to my CPR 31.14 request.

They thank me for my letter and note the contents. They state that they have requested the required documents from their clients and will forward these to me upon receipt.

:flypig:

They also made sure in the letter that I was aware that there is a limited amount of time for me to respond to the legal proceedings and that failure to do so within the court timescales, could result in a CCJ being entered against me.
Good of them Paramount importance to stick rigidly to the court timetable.

No response yet from Lowell Portfolio regarding the CCA request.
Without a reply to this, they can do squat; no CCA letter response, no further action can they take until they comply.
You will need to prepare a defense based on the Claimant not ending you any paperwork, therefore you are unable to properly respond.
.

NO mention of a 28 or 40 day extention?

@nemesis45

@nemesis45

(Just testing - i was issued with a broken 'nudger' thingy. After several complaints, & a threat to escalate this to the very top of LB, a new one was forthcoming. It appears to be adequate. We will see!)

:grin:

[dbc1702]

Re: Court Claim - Lowell Portfolio I LTD / Shopacheck - 18-01-2016

Hi charitynjw, there was absolutely no mention of any extension, 28 day or 40..

Quick Update - General

I have received nothing else from anyone, as of 06/02/2015.

Nothing further to the letter from Lowell solicitors, and nothing from Lowell Portfolio, not even an acknowledgement of request.

I have a print out from Royal Mail, for both letters, CCA and CPR, both with signatures that they have been received.

Am I right in thinking that I have until the 15/02/2016 to file my defence? Claim received 18/01/2016.. I issued AOS on 20/01/2016.. Court received AOS on 21/01/2016.

Also, when it comes to the defence, am I correct in taking guidance from this post : http://legalbeagles.info/forums/show...t-Court-Claims

[nemesis45]

Re: Court Claim - Lowell Portfolio I LTD / Shopacheck - 18-01-2016

Hi charitynjw, there was absolutely no mention of any extension, 28 day or 40..

Quick Update - General

I have received nothing else from anyone, as of 06/02/2015.

Nothing further to the letter from Lowell solicitors, and nothing from Lowell Portfolio, not even an acknowledgement of request.

I have a print out from Royal Mail, for both letters, CCA and CPR, both with signatures that they have been received.

Am I right in thinking that I have until the 15/02/2016 to file my defence? Claim received 18/01/2016.. I issued AOS on 20/01/2016.. Court received AOS on 21/01/2016.

Also, when it comes to the defence, am I correct in taking guidance from this post : http://legalbeagles.info/forums/show...t-Court-Claims

Yes, the letter is the right one.

The CCA timescale of 12 + 2 working days starts the day the claimant received the request.

nem

[dbc1702]

Re: Court Claim - Lowell Portfolio I LTD / Shopacheck - 18-01-2016

Yes, the letter is the right one.

The CCA timescale of 12 + 2 working days starts the day the claimant received the request.

nem

Thanks again nem,

So the 12 + 2 being 11/02/2016, they have until this date to reply or to send the documents in full.

They received, according to Royal Mail Track & Trace the request on 22/01/2016

[dbc1702]

Re: Court Claim - Lowell Portfolio I LTD / Shopacheck - 18-01-2016

Ok, so I thought I would do some checking on Shopacheck and Lowell prior to my defence going in, so I purchased an up to date version of my credit file from Equifax and this is what I found.

There are 2 defaults on my credit file, one from Shopacheck and one from Lowell Portfolio I LTD

The 2 defaults on my file are quite clearly regarding the same alleged debt, however, the default dates between the 2 are different by 8 days, the DCA have it 8 days later, and the start dates between the 2 are different by 1 day, the DCA has it 1 day later, however the account no's and default balances and start dates are exactly the same.

Questions after doing some investigations online:

1) Am I correct in saying that the DCA who bought the debt have no LEGAL RIGHT to place a second default on my file? And should take over the first default entry and update that one.

2) Should this be borne in mind for the court claim for ammunition/upper hand/etc.

3) Where should I go from here, should I leave it be for now, or pull them up on it before my defence goes in? Should I contact the Credit Reference agencies? Counter claim for its removal? ICO complaint??

I certainly do not want duplicate defaults on my file when this is quite clearly not allowed. What do they think they are playing at?, doing research on the old tinterweb shows that most DCA's are doing it and quite frankly getting away with it.

Thanks in advance

[MIKE770]

Re: Court Claim - Lowell Portfolio I LTD / Shopacheck - 18-01-2016

they can only change the name and put theirs, no date change can be made just the owners CRA on line complaint to start, also you can challenge Lowells on this as well, failure which you will report them to the ICO

if the entries are only debt then only one entry and actual original default date to be shown, do not ring lowells sometimes a ploy to get you to contact them!

[dbc1702]

Re: Court Claim - Lowell Portfolio I LTD / Shopacheck - 18-01-2016

Just a little question to anyone more versed with the dealings of the small claims track.

I have been reading the CPR Rules and understand that Costs are not to be awarded to any party in the small claims save for court costs ie the court fee, however, the rules do allow for the court to consider costs under CPR 27.14 (g).

CPR 27.14 States..

(2) The court may not order a party to pay a sum to another party in respect of that other party’s costs, fees and expenses, including those relating to an appeal, except –

(g) such further costs as the court may assess by the summary procedure and order to be paid by a party who has behaved unreasonably;


Now, on doing some digging, I have found the following to be classed as Unreasonable behaviour, those I have stated below are some that may be relevant to my case;

1) A consistent failure to respond to correspondence and/or telephone calls
Failure to respond to the CCA or Failure to comply with the CPR 31.14 may constitute unreasonable behaviour

2) Dilatory conduct leading to delay
Surely failing to respond to either the CCA, CPR within time allowing me to properly submit a defence could be classed as unreasonable behaviour.

3) A failure to follow the standard Small Claims track directions
Now surely this one is covered by failing to follow directions of the CPR by not responding to my CPR 31.14 request.

What do people think? Is this worth exploring more? have others explored this and found it to be without merit?

[dbc1702]

Re: Court Claim - Lowell Portfolio I LTD / Shopacheck - 18-01-2016

UPDATE

Today is the 13/02/2016, I have not received anthing with regards to my CCA Request on 22/01/2016. Deadline was 11/02/2016
I have not received anything regarding the CPR Request, not even an acknowledgement letter.

I have to put my defence in today I think, so could someone please look in on me, as above shall I put in the template defence regarding not reeiving documents and been embarrassed to fully defend the claim, and the fact that they have failed to follow CPR rules and failed on the directions of the Consumer Credit Act regards my CCA Request.

Pretty urgent please, I'm sure the dates work out for my defence to be in by tomorrow.