Very confused and worried about a Lowell Court claim

**Amethyst** · 2nd July 2016, 12:58:PM

Re: Very confused and worried about a Lowell Court claim

Hello, Please try not to worry. The amount isn't huge and if it comes down to it you would be able to make an offer to pay by installments that are affordable. But still follow the initial steps to ensure the debt is valid and legally claimable from you and see if you can defend it.

Many of these Consumer Credit debt based Court Claims are issued through the County Court Business Centre and are rather lacking in detail and information. The are often claims bought by debt purchasers who don't have the paperwork to back them up to hand and who wing it on the hope that they obtain a default judgment.

Do you think it could have been earlier than 2010 you last had anything to do with this card?

So, first steps (within 14 days of receiving the claim)

1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
You'll need your claim reference and password from the front of the claim form - this will extend the time you have to respond to the claim to 28 days from when you received it

2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts. The asks the claimant to send you a copy of the original agreement you signed.

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )
This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely) You can include a copy of your CCA request with this letter for information.
I would also ask them to give you a statement of the account showing how the amount claimed has been calculated.

**Anne25** · 2nd July 2016, 13:42:PM

Re: Very confused and worried about a Lowell Court claim

Thankyou so much! I have followed all of this advice and will post my letters by registered delivery on Monday. I am trying not to panic but this is the first time I have ever been in this situation and I felt so flustered today. I feel a little better now that I have a bit of a grip on the situation - I will return to your help once I have any response if that's ok.

**Amethyst** · 2nd July 2016, 15:54:PM

Re: Very confused and worried about a Lowell Court claim

Of course, and don't let it ruin your weekend. Small claim court is just a process and a little bit of a game of chess, just keep posting on your thread if you're worried abut anything, have any questions or you get any replies to any of your letters.

A court claim isn't the end of the world - though it feels quite intimindating and scary when it first drops through your letterbox - once you have done your acknowledgment of service you do have a month to sort out a defence ( or decide to negotiate ) - we'll want to be sorting out your defence last week of July to get it in for the 30th. Usually that will say the claimant's failed to comply with your letters ( see an example defence here ->http://legalbeagles.info/forums/show...t-Court-Claims )

Once that's gone in there is another bit of waiting for probably another month, then the court writes and asks you which court you want the hearing in and if you want to mediate. Thereafter it depends on what replies you get back from the claimant on your CCA and CPR request - so its a bit of play it by ear - it's quite unusual to actually get to a court hearing though, and we'll be here all the way xxxx

**Anne25** · 24th July 2016, 08:40:AM

Re: Very confused and worried about a Lowell Court claim

Hello,
Well its July 24th, and i sent off everything you recommended on July 4th.

I have heard nothing back - what do i do now please because I'm aware I need to file a defence to the court summons

x

**Kati** · 24th July 2016, 08:45:AM

Re: Very confused and worried about a Lowell Court claim

Originally posted by Anne25 View Post

Hello,
Well its July 24th, and i sent off everything you recommended on July 4th.

I have heard nothing back - what do i do now please because I'm aware I need to file a defence to the court summons

x

[MENTION=6]Amethyst[/MENTION] linked a template defence in post #4 (see here - http://legalbeagles.info/forums/show...t-Court-Claims) have a look through it and see if you can get a draft defence posted up on here for the Beagles to look at

xx

**Anne25** · 24th July 2016, 17:47:PM

Re: Very confused and worried about a Lowell Court claim

Originally posted by Kati View Post

@Amethyst linked a template defence in post #4 (see here - http://legalbeagles.info/forums/show...t-Court-Claims) have a look through it and see if you can get a draft defence posted up on here for the Beagles to look at

xx

Hello, first let me say that I am SO appreciative of all your help on here. I feel so much better than I did, I feel like I have support and can really do this! (well, I can really copy and paste this lol)

One thing - NUMBERS 10 AND 11 - I AM CONFUSED ABOUT THE (77) OR (78) - WHICH ONE DO I USE PLEASE?

Ok so here is my defence

IN THE NORTHAMPTON COUNTY COURT (CCBC)

CASE NUMBER : (MY CLAIM REF HERE)

BETWEEN
CLAIMANTS NAME
and
MY NAME

__________________________________________________ __________________________________________________ _________________________

DEFENCE

__________________________________________________ __________________________________________________ __________________________

1: I received the claim ******** from the Northampton County Court on 2^nd July 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 a Credit Card agreement regulated under the Consumer Credit Act 1974.

4: The particulars of the Claim fail to state when this agreement was entered into.
5. The Claimants statement of case states that the account was assigned from Vanquis to ***** ********** *** on 30/08/2012. Despite their claim that notice was then given, I (the Defendant) do not recall receiving notice of this assignment.

7. It is denied that Vanquis 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 4th July 2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to ****** Solicitors Limited. I requested the Claimant provide copies of the Credit Agreement, Default Notice, and Notice of Assignment.

9. ****** Solicitors Limited has not sent any of these documents to me.

10. On the 4^th July 2016 I sent a formal request for a copy of the original agreement to ****** ********* * *** 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.

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 .................................................. ....

**Anne25** · 24th July 2016, 17:53:PM

Re: Very confused and worried about a Lowell Court claim

I will send this correctly formatted (centralised at the top) and have corrected the numerical sequence.

**Kati** · 24th July 2016, 18:13:PM

Re: Very confused and worried about a Lowell Court claim

Originally posted by Anne25 View Post

Hello, first let me say that I am SO appreciative of all your help on here. I feel so much better than I did, I feel like I have support and can really do this! (well, I can really copy and paste this lol)

copy/paste is good (so long as you remember to alter things to suit YOUR circumstances :lol

Originally posted by Anne25 View Post

One thing - NUMBERS 10 AND 11 - I AM CONFUSED ABOUT THE (77) OR (78) - WHICH ONE DO I USE PLEASE?

Section 77 is for fixed sum loans (set sum borrowed then paid back + interest), section 78 is credit cards/store cards/catalogues (that have a 'rolling' credit limit)

or ... you could just write it like "s77/78" :noidea:

**charitynjw** · 24th July 2016, 18:56:PM

Re: Very confused and worried about a Lowell Court claim

Originally posted by Anne25 View Post

One thing - NUMBERS 10 AND 11 - I AM CONFUSED ABOUT THE (77) OR (78) - WHICH ONE DO I USE PLEASE?

Originally posted by Kati View Post

copy/paste is good (so long as you remember to alter things to suit YOUR circumstances :lol

Section 77 is for fixed sum loans (set sum borrowed then paid back + interest), section 78 is credit cards/store cards/catalogues (that have a 'rolling' credit limit)

or ... you could just write it like "s77/78" :noidea:

s78 as it is a credit card.

**Kati** · 24th July 2016, 19:30:PM

Re: Very confused and worried about a Lowell Court claim

Originally posted by charitynjw View Post

s78 as it is a credit card.

isn't that what I said??

:lol: xx

**Anne25** · 25th July 2016, 08:23:AM

Re: Very confused and worried about a Lowell Court claim

Ok, I've finished my defence.
Do i attach the copies of the letter/documents requests that i sent to Lowells?

**Amethyst** · 25th July 2016, 08:34:AM

Re: Very confused and worried about a Lowell Court claim

No there's no need to attach your documents at this stage, that will come later when you do witness statements, if you get that far. Do you want to post up your defence on here to be checked before sending it?

**Anne25** · 25th July 2016, 09:25:AM

Re: Very confused and worried about a Lowell Court claim

IN THE NORTHAMPTON COUNTY COURT (CCBC)

CASE NUMBER: ***********

BETWEEN
LOWELL PORTFOLIO I LTD
and
***************

__________________________________________________ _______________________________________

DEFENCE
__________________________________________________ _______________________________________

I received the claim ********* from the Northampton County Court on 2^nd July 2016.

Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

Particulars:

This claim appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974. The particulars of the Claim fail to state when this agreement was entered into.

It is denied that Vanquis 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 Claimants statement of case states that the account was assigned from Vanquis to LOWEL PORTFOLIO I LTD on 30/08/2012. Despite their claim that notice was then given, I (the Defendant) do not recall receiving notice of this assignment.
I (the Defendant) do not recall receiving any requests for payment from the Claimant

On Monday 4^th July 2016 I sent a request for inspection of documents mentioned in the Claimants statement of case under Civil Procedure Rule 31.14 to Lowell Solicitors Limited. I requested the Claimant provide copies of the Credit Agreement, Default Notice, and Notice of Assignment.

Lowell Solicitors Limited has not sent any of these documents to me.

On the 4^th July 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.

The Claimant has failed to comply with s78 (1) Consumer Credit Act 1974 and by virtue of s78 (6) Consumer Credit Act 1974 cannot enforce the agreement.
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.

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.

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.

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............................................. ..... ....

- - - Updated - - -

The numbers are actually numerical - not the repeat 1.2 and 1.2 showing on here, for some reason the pasting of this document has come out differently to the actual document I have saved.

**Amethyst** · 25th July 2016, 09:30:AM

Re: Very confused and worried about a Lowell Court claim

That all sounds fine

( pasting from Word always cocks up the formatting a bit )

I think I'd add a little here;

I (the Defendant) do not recall receiving any requests for payment from the Claimant nor do I recall having any outstanding debt with Vanquis. I have had no contact with Vanquis since around xxxxxxxdatexxxxxxxxx

Very confused and worried about a Lowell Court claim