Court Claim - Lowell Portfolio I LTD / HBOS plc - 15-2-2016

[Kayloo]

Received a claim? Yes
Issue Date: 15-2-2016
Amount approx: 851.93
Claimant: Lowell Portfolio I LTD
Solicitor: Lowell Solicitors Limited
Original Credit: HBOS plc

Particulars of Claim:


Stat Barred? No

Have sent: Acknowledged the Claim, Sent a CPR 31.14 request

Other Info:


- - - Updated - - -

Sorry some info is missing I was having trouble with the form!! I'll add it hereL

Particulars of claim:

1. The defendant entered into aConsumer Credit act 1974 regulated agreement with HBOS PLC underaccount reference 5434etcetc ('the Agreement')


2. The defendant failed to maintain therequired payments and a default notice was served and not compliedwith.


3. The Agreement was later assigned tothe claimant on 24/06/2014 and notice given to the Defendant.


4. Despite repeated requests forpayment, the sum of £668.45 remains due and outstanding.


And the claimant claims


a. the said sum of £668,45
b Interest pursuant to s69 CountyCourts Act 1984 at the rate of 8% per annum from the date ofassignment to the date of issue, accruing at a daily rate of £0.147,but limited to one year, being £53.48
c. Costs


Other info:


I sent this letter to LowellSolicitors:


Dear Sirs,


Re: Lowell portfolio I LTD v MYNAMECase No: ********


CPR18 Preliminary Request for furtherinformation / clarification


On the 23rd January 2016, I receivedthe Claim Form in this case issued by you out of the NorthamptonCounty Court.


I confirm having returned myacknowledgement of service to the court in which I indicate myintention to contest your entire claim.


Prior to the issue of proceedings I haddelivered a request for the production of the Agreement referred toin the Particulars of Claim, and on which you intend to rely. Thatrequest was ignored.


Please treat this letter as myPreliminary Request for further information made, under CPR Part 18for the following, including any documentation mentioned within theparticulars of Claim, for which I request the production of averified and legible copy) please accept this request by way ofService upon You:


1.The agreement, including the specificTerms at the point the alleged Agreement was made and any subsequentchanges. You will appreciate by reason of the provisions of CPR 39.a(3.3) requires The originals of the documents contained in thetrial bundle, together with copies of any other court orders shouldbe available at the trial. Further, that any general conditionsincorporated in the contract should also be attached.


2.The deed of assignment and/ or
2.1 deed of Novation
3.The notice of assignment
4.The default warning letter
5.The default notice
5.1 Termination Notice


6. I deny any indebtedness to theClaimant but particularly deny they are due statutory interest on thealleged amount of £688.45 and as such I request full disclosure ofthe amount the Claimant alleges to have paid for this alleged debt.


7. Also, your Particulars of Claimstate the action is brought for Breach of Agreement, yet you havefailed to identify the specific Statutory Instrument you havecommenced proceedings under. Therefore, I would be request details ofthe Statutory Instrument under which you have brought proceedings.


You should ensure compliance with yourCPR 18 duties and ensure that the information I have requested iscollated and received by me within 14 days of receiving this letter.Failure to produce each and every document referenced within theParticulars of Claim (detailed above) will result in an Applicationto the Court to order the information be provided.


Your CPR 18 duties extend to making areasonable and proportionate search for the originals of thedocuments I have requested, the better for you to be able to verifythe document's authenticity and to provide me with a legible copy.Further, where I have requested a copy of a document, the original ofwhich is now in the possession of another person, you will have aright to possession of that document if you have mentioned it in yourcase. You must take immediate steps to recover and preserve it forthe purpose of this case.


Where I have mentioned a document andthere is in your possession more than one version of that samedocument owing to a modification, obliteration or other marking orfeature, each version will be a separate document and you mustprovide a copy of each version of it to me. Your obligations extendto making a reasonable and proportionate search for any versions toinclude an obligation to recover and preserve such versions, whichare now in the possession of a third party.


If you require more time in which tocomply with this request you must tell me in writing. You must tellme before the time for compliance with this request has expired. Intelling me you require more time you must tell me what steps you havetaken and propose to take in order to comply with this request andalso state a date by when you will comply with this request. Inaddition your statement must be accompanied with a statement that youagree to an extension of the time for me to file my defence. Yourextension of time must be not less than 14 days from the date whenyou say you will have complied with my request and you must state thenew date for filing my defence.


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


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




Yours faithfully




and I received this reply:


Dear Madam


Thank you for your recentcorrespondence.


We note the contents and write toadvise you that we have requested the documents from our client whichrespect to the account in oeder to confirm to you your liability forthe outstanding balance and will forward the documents to you uponreciept.


Please note that as legal proceedingshave been issued, you are required to respond to them. You only havea limited amount of time to do so and failure to do so may result ina county court judgment being entered against you.




Unsure of what I need to do now? Thankyou in advance for any help!

[Kayloo]

Re: Court Claim - Lowell Portfolio I LTD / HBOS plc - 15-2-2016

I've put the date wrong too! Not my day. The date on letter is 15/01/2016

[nemesis45]

Re: Court Claim - Lowell Portfolio I LTD / HBOS plc - 15-2-2016

Good afternoon, welcome to LB,

What type of account is this Loan, Credit Card, bank account/OD?

CPR 31.14 is appropriate to this claim and this I suspect is what the solicitors have
responded to.

The CPR 18 request is most likely to be ignored.

The Deeds of assignment and novation fall in to the area of confidential, commercially
sensitive documents and even if such were to be produced they would be of little or
no assistance, as they contain not just your debt but perhaps some thousand of other
peoples debts.

I'm unsure where you found that template, maybe " Get out of debt free" or a similar site.

More importantly the statement of claim mentions a regulated agreement, have you sent a
CCA request to the claimant directly requesting a copy of said agreement.

If not you should do so now, use the template from the LB library for this.
The request must be accompanied by a £ 1.00 statutory fee ( use a postal order endorsed " For Statutory Fee Only")
The claimant has 12 + 2 Working Days to comply. Send this by signed for post, and check date delivered.

The claimant cannot enforce the debt without the agreement or a compliant reconstituted agreement.

nem

[Kayloo]

Re: Court Claim - Lowell Portfolio I LTD / HBOS plc - 15-2-2016

Good afternoon, welcome to LB,<br>
<br>
What type of account is this Loan, Credit Card, bank account/OD?<br>
<br>
CPR 31.14 is appropriate to this claim and this I suspect is what the solicitors have<br>
responded to.<br>
<br>
The CPR 18 request is most likely to be ignored.<br>
<br>
The Deeds of assignment and novation fall in to the area of confidential, commercially<br>
sensitive documents and even if such were to be produced they would be of little or <br>
no assistance, as they contain not just your debt but perhaps some thousand of other<br>
peoples debts.<br>
<br>
I'm unsure where you found that template, maybe " Get out of debt free" or a similar site.<br>
<br>
More importantly the statement of claim mentions a regulated agreement, have you sent a<br>
CCA request to the claimant directly requesting a copy of said agreement.<br>
<br>
If not you should do so now, use the template from the LB library for this.<br>
The request must be accompanied by a £ 1.00 statutory fee ( use a postal order endorsed " For Statutory Fee Only")<br>
The claimant has 12 + 2 Working Days to comply. Send this by signed for post, and check date delivered.<br>
<br>
The claimant cannot enforce the debt without the agreement or a compliant reconstituted agreement.<br>
<br>
nem

<br><br>Hi thank you! I've never had anything like this before so I really appriciate any help.&nbsp;<br><br>I haven't sent a CCA request, I'll get one sent ASAP. Should I send any other letters asking for any other documents or anything?<br><br>The account was a credit card.&nbsp;<br><br><br>Should I do a defence or anything now or should I wait? I'm concerned I don't have much time.&nbsp;<br>
<br>

[nemesis45]

Re: Court Claim - Lowell Portfolio I LTD / HBOS plc - 15-2-2016

<br><br>Hi thank you! I've never had anything like this before so I really appriciate any help.&nbsp;<br><br>I haven't sent a CCA request, I'll get one sent ASAP. Should I send any other letters asking for any other documents or anything?<br><br>The account was a credit card.&nbsp;<br><br><br>Should I do a defence or anything now or should I wait? I'm concerned I don't have much time.&nbsp;<br>
<br>

#Yes get the CCA request done asap.

Start by looking through some threads on the forum to
get an idea of the content and format then make a draft
and post it here we can then go through with you.

Nem

[Kayloo]

Re: Court Claim - Lowell Portfolio I LTD / HBOS plc - 15-2-2016

So, if I send this one to lowell portfolio

With reference to the above agreement,I would be grateful if you would send me a copy of this creditagreement.

I understand that under the Consumer Credit Act1974 (Sections 77−79), I am entitled to receive a legible copy ofmy credit agreement on request. I enclose a payment of £1.00 whichrepresents the fee payable under the Consumer Credit Act.

Iunderstand a copy of our credit agreement should be supplied within12 working days.

I look forward to hearing from you.


Yours Faithfully


Kaylee- Whiteley



and then do I need to send this correct one to the solicitors?


Request for documentsmentioned in a statement of case under CPR 31.14

On 23/01/2016I received a County Court claim from yourselves of which I haveacknowledged receipt indicating my intention to defend in full.

Toenable me to file my defence and/or counterclaim, I requireinspection of documents you mention in your statement of case aheadof filing my defence .





1. Agreement
2. Default Notice
3.Assignment



In accordance with CPR31.15(c) I undertake to be responsible for your reasonable copyingcosts incurred in complying with this CPR 31.14 request.

Youshould note that this claim has not yet been allocated to a specifictrack and the provisions of CPR 27(2) are of no effect. Had yourclaim not been issued through CCBC the Claimant would have beenobliged to attach copies of the documentation upon which it relies tothe Particulars of Claim. I , as Defendant, am entitled to see thedocuments on which the Claimant relies and which you will have toproduce at trial. Disclosure at this stage will enable me to fullyplead my case and further the Overriding Objective.

You shouldensure compliance with your CPR 31 duties and ensure that thedocument(s) I have requested are copied to and received by me within7 days of receiving this letter.

If you require more time inwhich to comply with this request you must tell me in writing andconfirm your agreement to an extension of the time allowed for me tofile my defence as allowed under CPR 15.5 so I may notify thecourt.

I look forward to hearing from you.

[Kayloo]

Re: Court Claim - Lowell Portfolio I LTD / HBOS plc - 15-2-2016

Ok, well I've sent those 2 letters today by recorded delivery, I'm not going to have enough time to allow 12 days ro receive them before I need to put in my defence though. Will I be okay to rely on not receiving these doctuments as my defence when I can't allow enough time?

[Kayloo]

Re: Court Claim - Lowell Portfolio I LTD / HBOS plc - 15-2-2016

Well ok...

I made the defence I believe I have to submit it tomorrow because its 28 days from 15th Jan

does it look okay?

1. I received the claim C6HK0430 from the Northampton County Court on 23^rd Jan 2016
   
2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
   
3. This claim appears to be for an agreement regulated under the Consumer Credit Act 1974. I do not recall seeing or signing any such agreement.
   
4. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
   
5. The particulars of claim fail to state when the agreement was entered into.
   
6. It is denied that HBOS 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.
   
7. The Claimants statement of case states that the account was assigned from HBOS to Lowell Portfolio I Ltd on 24/06/2014. The Defendant does not recall receiving notice of this assignment.
   
8. On the 10^th February 2016 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Lowell Solicitors LTD. I requested the Claimant provides copies of the Agreement, Default Notice and Notice of Assignment.
   
9. Lowell Solicitors LTD has not sent any of these documents to me.
   
10. On the 10^th February 2016 I 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.
    
11. The Claimant has failed to comply with Section 78 of the Consumer Credit Act 1974 and by virtue of section 78 of the 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. I request the court orders the Claimant to provide the necessary documentation in order for me to fully plead my case, and provide strict proof of any acknowledgement or payment in the last 6 years or else the Claim should stand struck out.
    
14. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my 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
    
    The Defendant believes that the facts stated in this Defence are true.

[Amethyst]

Re: Court Claim - Lowell Portfolio I LTD / HBOS plc - 15-2-2016

That sounds absolutely fine to me You do actually have a few more days as you have 33 days from the issue date ( 15th Jan )

Don't worry too much about the 12 days, it's very unlikely you would get anything by day 12 and by the time the defence is dealt with it will be past that

[Kayloo]

Re: Court Claim - Lowell Portfolio I LTD / HBOS plc - 15-2-2016

That sounds absolutely fine to me You do actually have a few more days as you have 33 days from the issue date ( 15th Jan )

Don't worry too much about the 12 days, it's very unlikely you would get anything by day 12 and by the time the defence is dealt with it will be past that

Thank you! I've submitted the defence now. I'll keep the thread updated