Lowell Portfolio Ltd vs S Lonie - Defence ready to be submitted on 23/8/16

[slonie]

Hi,

I received a Couny Court Claim form from Lowells regarding a debt.

I dont recognise the debt, but I can only surmise that it will have been from about 2009 when my marriage broke up.

I would imagine that this debt is statute barred by now, and i have sent acknowledgement of service, but intend to defend.

The form is dated the 22.7.16 and i sent acknowledgement on tuesday 2nd August.

I need to know how to word the defence, ive had a quick look through the templates and none of them seem to fit, i could be missing it though.

I want to say that i dont recognise or acknowledge the debt, that i believe its statute barred if it is mine, and want to ask why they are only now applying for a CCJ?

Any help or advise gratefully received.

Thanks in advance

[slonie]

Lowell Portfolio Ltd vs slonie

Issue Date: 22 JUL 2016
AMOUNT : 663
CLAIMANT: Lowell Portfolio Ltd
Ellington House
9 Savannah Way
Leeds Valley Park
Leeds
LS10 1AB

SOLICITOR: Cohen Cramer Solictors
1b Josephs Well, Hanover Walk
Leeds
LS3 1AB

Original Creditor : JD Williams

Particulars of Claim: The claim is for the sum of £492.98 due by the defendant under a non-regulated JD Williams account, with an account reference of O6957732. The defendant failed to maintain contractual payments required under the terms of the account agreement. The debt was legally assigned to the claimant on 20th December 2012, notice of which has been given to the defendant. The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £39.44. The claimant claims the sum of £532.42

Statute Barred? Unsure. I dont recognise the debt but it could reasonably be from before my marriage ended in 2009, which would make it statute barred.

No letters sent. First I knew about this was opening the court documents.

Thank you

[MIKE770]

Re: Lowell Portfolio Ltd vs slonie

Acknowledge the Claim on line using MCOL details on the forms you have received also defend all - for starters, other will advice also [MENTION=1937]nemisis[/MENTION]45

[slonie]

Re: Lowell Portfolio Ltd vs slonie

Thank you. I forgot to say ive done that stage, im looking for help in how to defend. Wording etc

[R0b]

Re: Lowell Portfolio Ltd vs slonie

@nemesis45

Hello, a few things to note and I wouldn't be so hasty in drafting your defence. As I calculate it you have 33 days form the date of issue being 24 August to submit your defence. A few things to note:

1. Have you asked who are the parties to the contract are and who was the assignor (the business who assigned the contract to the claimant)? If not that would be a starting point

2. Request a copy of the contract

3. As the particulars of claim are insufficient for you to properly plead a defence, request their consent to an extension of time of 28 days so that the claimant has the chance to respond to your further inquiries and to afford you the opportunity to prepare a defence. Refer to the case of Hallam Estates v Baker 2014 where the Court of Appeal emphasised that parties should not unreasonably oppose an extension of time given. Given their lack of pleadings and that the claim is still in its infancy, there is no reason why they should refuse an extension. However, should they do so then you will refer the Court to the letter in relation to an assessment of costs.

The extension should hopefully buy you some time a little but also allow them time to respond to your questions but if they fail to respond then you can put that in your defence saying there is a lack of evidence and the claimant has insufficient knowledge of the matter to have brought the claim in the first place.

[nemesis45]

Re: Lowell Portfolio Ltd vs slonie

@nemesis45

Hello, a few things to note and I wouldn't be so hasty in drafting your defence. As I calculate it you have 33 days form the date of issue being 24 August to submit your defence. A few things to note:

1. Have you asked who are the parties to the contract are and who was the assignor (the business who assigned the contract to the claimant)? If not that would be a starting point

2. Request a copy of the contract

3. As the particulars of claim are insufficient for you to properly plead a defence, request their consent to an extension of time of 28 days so that the claimant has the chance to respond to your further inquiries and to afford you the opportunity to prepare a defence. Refer to the case of Hallam Estates v Baker 2014 where the Court of Appeal emphasised that parties should not unreasonably oppose an extension of time given. Given their lack of pleadings and that the claim is still in its infancy, there is no reason why they should refuse an extension. However, should they do so then you will refer the Court to the letter in relation to an assessment of costs.

The extension should hopefully buy you some time a little but also allow them time to respond to your questions but if they fail to respond then you can put that in your defence saying there is a lack of evidence and the claimant has insufficient knowledge of the matter to have brought the claim in the first place.

Totally agree [MENTION=71570]R0b[/MENTION] no need to rush in blind.

Acknowledge service of the claim at Money Claim Online (instructions on the forms) state intention to defend in full Do Not Enter Anything in Defence at this stage.
The statement that this debt arises from " a non regulated " JD Williams account is wrong we confirmed earlier this year that all such accounts are regulated.

So CCA request to Lowell Portfolio (see template in the green box at the top of the main forum page) there is a £1.00 statutory fee to pay use a Postal Order marked clearly " For Statutory Fee only, Lowell has 12 + 2 working days to comply. Use signed for post and check and print off the delivery date and signature.

Then a request made under the provisions of Civil Procedure Rule 31.14 (no fee) this is for the documents mentioned in the particulars of the claim.
i.e.

The agreement,( we need to see what Cohen Cramer say about their claim that this arises from a non regulated agreement. ) The Notice of Assignment of the debt to Lowell Portfolio. (template in green box.)

Have you checked your credit files to see if there is an entry for this account? If not you can check Noddle free online.

We can look at the possibility of Statute Barred once you have done the credit file check.

nem

[slonie]

Re: Lowell Portfolio Ltd vs slonie

Thanks [MENTION=55034]nemesis45[/MENTION].

Can i check a couple of things. I have already filed acknowledgement of service. I did that on the 2nd August via the web. My concern is that if i write to them requesting information, they will take that as acknowledgement of the debt. I absolutely do not want to acknowledge the debt at all.

My concern aswell is that I have to file defence by the 24th August, and if I send them a letter requesting information, their 12+2 days takes me right to the 24th august.

Would it be worth sending copies of the letters to the solicitors as well, and ask them for an extension of time, to gather information?

Thanks for your help, I really appreciate it, and it has eased my sense of panic.

[nemesis45]

Re: Lowell Portfolio Ltd vs slonie

Thanks @nemesis45.

Can i check a couple of things. I have already filed acknowledgement of service. I did that on the 2nd August via the web. My concern is that if i write to them requesting information, they will take that as acknowledgement of the debt. I absolutely do not want to acknowledge the debt at all.

My concern aswell is that I have to file defence by the 24th August, and if I send them a letter requesting information, their 12+2 days takes me right to the 24th august.

Would it be worth sending copies of the letters to the solicitors as well, and ask them for an extension of time, to gather information?

Thanks for your help, I really appreciate it, and it has eased my sense of panic.

The lawful requests for documents i.e. CCA request and CPR 31.14 are not admissions of liability and the templates are worded so they cannot be construed as an admission of liability. One can always add a phrase such as " I do not accept any liability to claimants name".

nem

[slonie]

Re: Lowell Portfolio Ltd vs slonie

Hi,

Is there another letter template that I need to send to the Solicitors, to ask for an extension of time? I have sorted the suggested letters and will be posting them tommorrow.

Thanks

[R0b]

Re: Lowell Portfolio Ltd vs slonie

Something simple I've just knocked up but amend to your needs.

Dear Sirs,

Your Reference:

Lowell Portfolio Ltd v [YOUR NAME]

I am writing with reference to the above matter.

You may be aware that I have acknowledge the claim being brought against me on behalf of your client. Having considered the particulars of claim, you have failed to sufficiently identify how or why I am liable for the alleged sums. In particular:

1. you have not stated who were the original parties to the agreement;
2. the name of the assignor;
3. what specific terms under the agreement have been breached; and
4. you have also suggested that the account is a non-regulated agreement but no evidence i.e. the contract has been provided to verify this.

Given the lack of information, this does not comply with the Civil Procedure Rules in that it does not contain a concise statement of facts in order for me to properly plead a defence. In the circumstances and in accordance with CPR 3.8(4) and the overriding objective, I request confirmation that you consent to an extension of 28 days so as to allow your Client to provide the information above which in turn shall enable me to put forward a defence. May I also remind you that the Courts take a dim view of those who unreasonably withhold consent and in the case of Hallam Estates v Baker [2014] EWCA Civ 661, Lord Justice Jackson emphasised the need for parties to allow an extension of time under the CPR where one was sought. As proceedings have only just commenced, I can see no reason why consent should be refused. Should an extension of time be refused, I reserve the right to draw this letter to the Courts attention as regards to you and/or your Client's conduct when it comes to an assessment of costs.

I look forward to hearing from you soon.

[YOUR NAME]

[slonie]

Re: Lowell Portfolio Ltd vs slonie

Hi guys.

Thanks for all your help so far. I wanted to give you an update and ask your next steps. I sent letters as advised.

On monday the 15th I received two letters from Cohen Cramer (nothing from Lowell). One stating that as I hadnt done anything a ccj would be issued against me. And the other stating that they had received letter and instructed to lowell to provide information, and that the account was on hold, plus that they would give me adequate to file a defence once lowell had provided paperwork.

I have attached photos of the two letters.

What I would like to know is. Do I now send the letter that asks for a 28 day extension? and do I have to file a defence with MCOL as the defence date is the 24th August? Or does it mean that I dont have to do anything until I have paperwork from Lowell (which I dont believe I am going to get)

Thanks in advance.

[slonie]

Lowell Portfolio Ltd vs slonie

Hi everyone,

i updated the original thread the other day, with two letters I had received from Cohen Cramer solicitors.

I sent the letter asking for information and as yet Lowell havent been in touch or provided the information asked for.

My defence has to be submitted via MCOL by the 24th August.

Do I send a letter to Cohen Cramer asking for an extension? Or do I go ahead and file defence, stating that while cohen cramer have been in touch to say that they have instructed their client to provide information, and that they would put the account on hold, and give me extra time (although they havent said how long) to prepare a defence, I have had nothing from Lowell, and so I dispute the claim?

Any advice, as always, is very much appreciated. Time is short on this one, and Im not sure whether I have to file the defence or not, now the solicitors have said the account is held?

Thank you

[joedempsey]

Re: Lowell Portfolio Ltd vs slonie

You should follow the court dates and file your defence ..otherwise you WILL get a judgement by default.

[JulieM]

Re: Lowell Portfolio Ltd vs slonie

Hi
Not I admit I am not an expert but unless you have the extension of time you must file your defence.

I have read the sample defences which include a paragraph about amending the defence and the claimant bearing the cost.

why would anyone want to give them more time to get the paperwork. In my opinion they should have it before they issue a claim.

File your defence, just be 100% sure of your dates.

I read on on another forum that the dates always include the day of issue so for e ample a claim issued on the 1st must be acknowledged by 19th ( you have 19 days) but I think the calculator on here would say 20th. Better to be a day early than miss the deadline.
[MENTION=5553]charitynjw[/MENTION] [MENTION=87380]Diana M[/MENTION] [MENTION=55034]nemesis45[/MENTION]

[Amethyst]

Re: Lowell Portfolio Ltd vs slonie

An extension would need to be agreed between the parties, and altho I agree with Julie in that we don't really want to give them extra time to produce the documents, it does work out better in court in the long run as you can show the judge you've given them plenty of time to come up with the documents they should've had before bringing the claim. Sometimes the claimant will ask for additional time to allow them to provide the documents, in court, and if there has already been an extension agreed between the parties, the judge is less likely to allow more time and more likely to just strike out the claim.


In this case it's irrelevant as it's a bit late now to be agreeing an extension, therefore I would put together your defence and get it filed before the deadline of the 24th. Don't worry though about the extension,in the CPR letter you requested an extension and if they haven't replied positively to that it's not an issue.

There is an example defence in the green box at the top of the court claim forum. If you want to draft it and post it on here I'm sure someone will look over it before you submit it to the court.