Lowell V MarcToystory

[nemesis45]

Re: Lowell V MarcToystory

Bless you for your kind words
I have checked noodle and in the open accounts Lowells is there it says current account and monthly repayments but no monthly payment amount. The information on it starts in October 2013. When I go into my closed accounts the lloyds is there but says closed Oct 2010 which is when the joint account closed. There is nothing with regards to the debt going to lowells and nothing regarding the default from 2010 up to Oct 2013?? I'm confused.
I really need to get my defence in order but at the minute I have nothing from Lowells not the cpr or the cca. I don't know what I'm defending or even what the debt relates to other than the current account??

It's likely that Lowell has not updated the Lloyds original entry it happens sometimes when debt purchasers have a portfolio of debts potentially worth many hundreds of thousands of pounds to chase.

Also Noddle is not always up to date as it is a free off shoot of Call Credit and I don't think creditors report directly to Noddle.

nem

[marctoystory]

Re: Lowell V MarcToystory

well - here goes. still nothing from Lowells or Lowells Solicitors and its 28 days from the date on the court claim tomorrow, so i am going to file tomorrow so i know i am bang on time. Please please please can someone help me with my defense. This is what i have so far

1: I received the claim C5HK1K68 from the County Court Business Centre Northampton on 22^nd July 2016 dated 19^th 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 an 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. I responded to Lowells requesting information regarding this matter before I received the claim form, this was sent recorded delivery and was signed for. Lowells have not responded to this letter.

6. The particulars of claim fail to state when the agreement was entered into.

7. The Claimants statement of case states that the account was assigned from Lloyds to Lowells on 24/06/2013. The Defendant does not recall receiving notice of this assignment.

8. It is denied that Lloyds 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.

9: On the 26/07/2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Lowells Solicitors. I requested the Claimant provide copies of the [Agreement, Default Notice and Notice of Assignment] .

10. Lowells Solicitors has not sent any of these documents to me.

11. On the 26/07/2016 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 £1 fee.

12. 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.

13: 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 …………………………………………

[charitynjw]

Re: Lowell V MarcToystory

It is difficult to suggest exactly which section of the CCA 1974 to use.
You think it might be a bank account (unregulated).
The PoC, however, state that the alleged debt was regulated, though the Claimant has not stipulated which type. (Credit card, loan etc).
Perhaps you could just substitute 'ss77-79' in the relevant places.
As the Claimant & sols have failed to disclose, it is largely their fault that you have been forced to do so.
I'll see what [MENTION=55034]nemesis45[/MENTION] suggests.

[marctoystory]

Re: Lowell V MarcToystory

It is difficult to suggest exactly which section of the CCA 1974 to use.
You think it might be a bank account (unregulated).
The PoC, however, state that the alleged debt was regulated, though the Claimant has not stipulated which type. (Credit card, loan etc).
Perhaps you could just substitute 'ss77-79' in the relevant places.
As the Claimant & sols have failed to disclose, it is largely their fault that you have been forced to do so.
I'll see what @nemesis45 suggests.

Thank you for all your hard work.

It is so hard to defend something that you have no details on.

without places like this people would be at a complete loss

[nemesis45]

Re: Lowell V MarcToystory

well - here goes. still nothing from Lowells or Lowells Solicitors and its 28 days from the date on the court claim tomorrow, so i am going to file tomorrow so i know i am bang on time. Please please please can someone help me with my defense. This is what i have so far

1: I received the claim C5HK1K68 from the County Court Business Centre Northampton on 22^nd July 2016 dated 19^th 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 an 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. I responded to Lowells requesting information regarding this matter before I received the claim form, this was sent recorded delivery and was signed for. Lowells have not responded to this letter.

6. The particulars of claim fail to state when the agreement was entered into.

7. The Claimants statement of case states that the account was assigned from Lloyds to Lowells on 24/06/2013. The Defendant does not recall receiving notice of this assignment.

8. It is denied that Lloyds 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.

9: On the 26/07/2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Lowells Solicitors. I requested the Claimant provide copies of the [Agreement, Default Notice and Notice of Assignment] .

10. Lowells Solicitors has not sent any of these documents to me.

11. On the 26/07/2016 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 £1 fee.

12. 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.

13: 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 …………………………………………

Good morning Marc.

Well done!

Make sure no Bold text remains.

Good to go.

nem

[nemesis45]

Re: Lowell V MarcToystory

It is difficult to suggest exactly which section of the CCA 1974 to use.
You think it might be a bank account (unregulated).
The PoC, however, state that the alleged debt was regulated, though the Claimant has not stipulated which type. (Credit card, loan etc).
Perhaps you could just substitute 'ss77-79' in the relevant places.
As the Claimant & sols have failed to disclose, it is largely their fault that you have been forced to do so.
I'll see what @nemesis45 suggests.

Good morning [MENTION=5553]charitynjw[/MENTION],

Lowell Solicitors " mistakes " should be used against them when ever possible.

Yes state sections 77/78/79 of CCA1974.

nem

[marctoystory]

Re: Lowell V MarcToystory

Morning all.
I have received a letter from the courts to say my defence is in, and lowells have 28 days to respond.
I have still had zip from either lowells or lowells solicitors. Not even acknowledgement that they have received my letters although I know they have been signed for. Is this usual behaviour for them? Is it just a waiting game from here.
Just a note to everyone on here your advice is priceless and without it a lot of people would not have a clue what to do..so big thumbs up

[nemesis45]

Re: Lowell V MarcToystory

Morning all.
I have received a letter from the courts to say my defence is in, and lowells have 28 days to respond.
I have still had zip from either lowells or lowells solicitors. Not even acknowledgement that they have received my letters although I know they have been signed for. Is this usual behaviour for them? Is it just a waiting game from here.
Just a note to everyone on here your advice is priceless and without it a lot of people would not have a clue what to do..so big thumbs up

Good morning Marc,

If Lowell / sols fail to respond in time the court will stay the claim and Lowell will have to pay a fee to continue the claim, you are not informed when a claim is stayed so you will need to check with the court at the end of the timescale IF you have not been contacted by Lowell/ the court that the claim is going forward.

Any documents you receive from the court should still be completed and filed.

nem

[marctoystory]

Re: Lowell V MarcToystory

Well the post arrived today along with a letter from Lowells solicitors. It's a copy of the bank statement this debt is bank charges for returned dd.
They say they will not be a credit agreement as the debt relates to a current account although the POC states regulated agreement.
It also says they informed me of this on the 3rd June..they did not.
It says they have enclosed the default notice but I can't see it..and they will not send the deed of assignment.
And they will not respond to any further letters re these documents. And the matter is now progress through small claims track. The charges are accumulated to 900+ from oct to Jan!
What do I do now

[marctoystory]

Re: Lowell V MarcToystory

Also just gone through the statement and seen a 260 dd that went out to o2 but never came back into reduce the balance. The account was already overdrawn by this point and all the other dd round it have been returned but not this one making the debt higher??

[MIKE770]

Re: Lowell V MarcToystory

Notice of assignment - you will not see a Deed of assignment!

[marctoystory]

Re: Lowell V MarcToystory

I didn't ask for the deed of assignment in my letter they have just put that in theirs. They have sent bank statements and a screen shot of what looks like lowells internal system with my address details.

[MIKE770]

Re: Lowell V MarcToystory

I didn't ask for the deed of assignment in my letter they have just put that in theirs. They have sent bank statements and a screen shot of what looks like lowells internal system with my address details.

will not send the deed of assignment. your comment!

[marctoystory]

Re: Lowell V MarcToystory

Sorry I was just putting what they had put in the letter.

[MIKE770]

Re: Lowell V MarcToystory

Sorry I was just putting what they had put in the letter.

quote one for all purpose no doubt by them!