Lowell Claim help.

[Cap1nhand]

Hi folks, I thought I would start a new thread into which I can put the relevant information.
I have recieved a claim from Lowells regarding a capital one debt, it is not SB. I have acknowledged the claim online and have sent a CCA request and CPR request. I have recieved a reply from Lowell solicitors saying they do not have to give me all that i asked fro even though they are mentioned in the particulars of the claim. I have not had a reply from Lowells regarding the CCA request.
My concern is that time is getting short now and Im unsure as to what I should do next. I believe I have until 19th to submit a defence but that is a sunday so I presume this friday is my deadline, but I have not got my information from Lowells/Lowells solicitors.
Please see particulars attached.
Thankyou Cap

[Cap1nhand]

Re: Lowell Claim help.

I was going to attach a copy of my CPR and CCA but cannot find how to in the quick reply, but I think they probably are not needed as they are from the library and adjusted to my needs.

[Stu]

Re: Lowell Claim help.

Tell them that as this has not yet been allocated to the small claims track the CPR request still is valid, maybe someone with better experience might have a template ready for this type of situation ...

[Cap1nhand]

Re: Lowell Claim help.

Thankyou Stu for your reply, the thing Im worried about is that I will not get a reply from them before I need to submit a defence with the court.

[nemesis45]

Re: Lowell Claim help.

Thankyou Stu for your reply, the thing Im worried about is that I will not get a reply from them before I need to submit a defence with the court.

If Lowell ( the claimant) cannot provide the requested agreement within the 12 + 2 working days set down in the Act the debt is unenforceable until the agreement or a compliant reconstituted one is provided.

As Stu has said remind the Sols that the provisions of CPR31 , 14 still apply to the claim as it has Not Been Allocated to any track.

nem

[Cap1nhand]

Re: Lowell Claim help.

Thankyou nem, I will write to the solicitors.
How do I deal with the court regarding the lack of CCA because the 12+2 days will be after the date I need to respond to the court, which I believe is this friday 17th. (Claim form issue date 17th may)

[nemesis45]

Re: Lowell Claim help.

Thankyou nem, I will write to the solicitors.
How do I deal with the court regarding the lack of CCA because the 12+2 days will be after the date I need to respond to the court, which I believe is this friday 17th. (Claim form issue date 17th may)

It matters not if at the date of your defence the claimant has not supplied the agreement you say so Cap.

nem

[Cap1nhand]

Re: Lowell Claim help.

Do I now email the court telling them that the CCA and CPR have not been supplied nor have they agreed to an extension of time?

Sorry for the basic questions, I have no knowledge of the protocol

[Amethyst]

Re: Lowell Claim help.

You should now put together your defence and submit it to the court. See here for a starting point - Defence Example
Have a read and it should all make sense with the non compliance with your cca and cpr letters - any questions please feel free to ask - and post a draft up on here just so we can check it over xxx
You can put the defence in via MCOL ( moneyclaim online) or you can email it, or post it, to the court. They then serve it on the claimant.

[nemesis45]

Re: Lowell Claim help.

Do I now email the court telling them that the CCA and CPR have not been supplied nor have they agreed to an extension of time?

Sorry for the basic questions, I have no knowledge of the protocol

No, as [MENTION=6]Amethyst[/MENTION] has said follow those instructions, don't send anything to the court about CCA/CPR requests.

nem

[Cap1nhand]

Re: Lowell Claim help.

Thankyou both, I will modify the draft defence and post it for you to look at.

Many thanks Cap

[Cap1nhand]

Re: Lowell Claim help.

Hi, I have edited the defence example and have pasted it below for your approval, the bold items I need help with as I am unsure which section applies to me. I presume I must sign this with ink? if so is it then ok to scan it and email it to the court.
Thankyou Cap

1: I received the claim ******* from the County Court Business Centre Northampton on ** May 2016

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: 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. The Claimants statement of case states that the account was assigned from Capital One to Lowell Portfolio Ltd on **/**/2014 The Defendant does not recall receiving notice of this assignment.

7. It is denied that Capital One 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.

8: On the **/06/16 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Lowell Solicitors Ltd. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment .

9. Lowell’s solicitor has not sent any of these documents to me.

10. On the **/06/16 I sent a formal request for a copy of the original agreement to Lowell Portfolio Ltd pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory ฃ1 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: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have failed to respond.

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. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

15. 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.

16. 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.



Signed …………………………………………

Dated .................................................. ....

[nemesis45]

Re: Lowell Claim help.

Hi, I have edited the defence example and have pasted it below for your approval, the bold items I need help with as I am unsure which section applies to me. I presume I must sign this with ink? if so is it then ok to scan it and email it to the court.
Thankyou Cap

1: I received the claim ******* from the County Court Business Centre Northampton on ** May 2016

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: 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. The Claimants statement of case states that the account was assigned from Capital One to Lowell Portfolio Ltd on **/**/2014 The Defendant does not recall receiving notice of this assignment.

7. It is denied that Capital One 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.

8: On the **/06/16 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Lowell Solicitors Ltd. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment .

9. Lowell’s solicitor has not sent any of these documents to me.

10. On the **/06/16 I sent a formal request for a copy of the original agreement to Lowell Portfolio Ltd pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory ฃ1 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: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have failed to respond.

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. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

15. 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.

16. 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.



Signed …………………………………………

Dated .................................................. ....

Good work Cap!!

nem

[Cap1nhand]

Re: Lowell Claim help.

Thanks Nem, but regarding the bold 77 or 78, Im confused, I sent cca request under section 77-79 which do i delete from my defence?
Cap

[Amethyst]

Re: Lowell Claim help.

It's a credit card so it is section 78 ( running credit ) rather than 77 ( fixed term loan)

We put 77-79 in the letter as at that stage quite often you don't know which it is.

( edit: here's the relevant section of the consumer credit act - http://www.legislation.gov.uk/ukpga/1974/39/section/78 - you refer to para 1 and para 6 )