County Court Business Centre Claim Form - BW Legal Services Limited

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Re: Lowell portfolio - county court letter

According to the form that was sent these are the Particulars of the Claim:- This is for a provident loan.

The Claimant's Claim for the sum of £680.00 being monies due from the Defendant to the Claimant under a Loans, Credit Cards agreement regulated by the Consumer Credit Act 1974 between the Defendant and Provident Personal Credit Limited under account reference*********** and assigned to the Claimant on 26/06/2015 notice of which has been given to the Defendant. The Defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with. The claim also includes statutory interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8.00% per annum (a daily rate of £0.15 from the date of assignment of the agreement to 25/06/2016 being an amount of £54.90.

[charitynjw]

Re: Lowell portfolio - county court letter

Ok & apologies, you've already posted it above.

Going by the alleged date of assignment, it's probably not statute-barred, but to dot 'i's' & cross 't's, any chance.........?

[bright colours]

Re: Lowell portfolio - county court letter

I'm almost certain it's not statute-barred as it's still within the 6 year period of the default date.

[charitynjw]

Re: Lowell portfolio - county court letter

So, time to start looking at your defence (as things stand).
At the top of this thread is an example template.
Have a play around with it & shout if you need help.
Re the CCA, just adapt the script to your circumstances.

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Re: Lowell portfolio - county court letter

Hello,

I have completed my defence today using the template letter and submitted online using the money claim site. Is it now a matter of waiting for contact from either the courts, Lowell Portfolio or their solicitors BW Legal? Is there anything else I need to do?

[nemesis45]

Re: Lowell portfolio - county court letter

Hello,

I have completed my defence today using the template letter and submitted online using the money claim site. Is it now a matter of waiting for contact from either the courts, Lowell Portfolio or their solicitors BW Legal? Is there anything else I need to do?

The claimant has 28 days from the date they receive the defence to respond.

nem

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Small Claims Track - Lowell Portfolio

So a while ago I posted explaining I had recieved a County Court Claim from Lowell Portfolio, after sending out all the relevant letters and my £1 statutory fee requesting documentation, nothing was sent to me except a letter from their solicitor stating they would await Lowell's response, I filed my defence before the expiry date and then during the Christmas holidays I received a letter from Lowell's solicitor stating they were still going to continue with the claim. This week I have recieved a letter from the County Court of a Notice of Proposed Allocation to the Small Claims Track. It is asking me if I would prefer to go to court for a hearing or try mediation. I'm not really sure what to do. Lowell have still not provided the documentation that I requested. Any help on this would be appreciated.

[bright colours]

Lowell portfolio 1, bw legal and the courts - requested info not provided to me

I received a County Court Claim Form Back in November 2016 from Lowell Portfolio 1 Ltd the Particulars of Claim being:-

"The Claimant's Claim is for the sum of £680.00 being monies due from the Defendant to the Claimant under a Loans, Credit Cards agreement regulated by the Consumer Credit Act 1974 between the Defendant and Provident Personal Credit Limited under account reference............ and assigned to the Claimant on 26/06/2015 notice of which has been given to the Defendant. The Defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with. The claim also includes statutory interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8.00% per annum (a daily rate of £0.15 from the date of assignment of the agreement to 25/06/2016 being an amount of £54.90."

I acknowledged this claim and sent the CCA Request letter to Lowell and a copy to their solicitor requesting a copy of my credit agreement, a copy of the contractual payment under the terms of the agreement and a copy of the default notice. I also sent a CPR Request to the solicitor. They solicitor BW Legal wrote back confirming they had received my Acknowledgement of Service and my request for documentation and that they were waiting for to take instructions from their client (Lowell).

As my time was ticking I then completed my defence stating:-

1: I received the claim ..........from Business Centre County Court on 3 November 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 Loans, Credit Cards agreement regulated under the Consumer Credit Act 1974.

4: The Claimants statement of case states that the account was assigned from Provident Personal Credit Limited to Lowell Portfolio 1 Ltd on 26/06/2015. The Defendant does not recall receiving notice of this assignment.

5. It is denied that Provident Personal Credit Limited 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.

6: On the 4 November 2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to BW Legal. I requested the Claimant provide copies of the Credit Agreement, a copy of the contractual payment under the terms of the agreement and default notice.

7. BW Legal has not sent any of these documents to me.

8. On the 8 November 2016 and again on the 18 November 2016 I sent a formal request for a copy of the original agreement to Lowell Portfolio 1 Ltd pursuant to section 77 or 78 (as it lists the claim as a loan and credit card agreement) of the Consumer Credit Act 1974 along with the statutory £1 fee.

9. The Claimant has failed to comply with s77(1) / s78(1) Consumer Credit Act 1974 and by virtue of s77(4) / s78(6) Consumer Credit Act 1974 cannot enforce the agreement.

10. 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.

11. 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.

12. 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.

13. 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.

Over the Christmas period I received a letter from BW Legal stating they intended to continue with the claim.

I then received a letter from the court stating the case had been put forward to a Small Claims Track I completed the N180 questionnaire and stated that
A1 - I agreed to the case being referred to the Small Claims Mediation Service.
C1 - I agreed with the small claims track was appropriate
D1 - I chose the nearest court to me.
D2 - I was not asking the courts permission to use the written evidence of an expert
D3 - I was the only witness
D4 - Any day for the court hearing


I have today received an email from scmreferralls stating that all parties have filed a Directions Questionnaire and have all requested mediation.

The issue I have is that it states I must agree with all 3 boxes for the mediation requirements, the second box states:-

"I can confirm that I have enough information about the claim to allow me to enter into negotiations and that I do not require any further evidence from the other party before I can mediate"

The issue here is that neither Lowell or their solicitor provided any of the documentation that was requested in the CCA or the CPR request letters so where do I go from here?


Any help would be much appreciated, with regards to this matter

with thanks

[charitynjw]

Re: Lowell portfolio 1, bw legal and the courts - requested info not provided to me

Hi bright colours

If it were me I'd reply to the email & let them know that the requested documentation has not been disclosed.

[bright colours]

Re: Lowell portfolio 1, bw legal and the courts - requested info not provided to me

Many thanks for your reply, I have replied to the email stating I have not received any of the requested paperworks from the CCA or CPR and in relation to point two how to proceed.

[bright colours]

Re: Lowell portfolio 1, bw legal and the courts - requested info not provided to me

Hi,

I've today received a response from my email as shown below:-

"Good morning,
Thank you for your email.

If you do not have enough information from the other party, mediation cannot be arranged and the case will instead be transferred to a local court to proceed. Once the case has been transferred you will be notified in writing and that court will contact you with further directions.

In the interim you can try to contact the other party directly to request the information that you require. If the Judge at the local court maintains that the case is suitable for mediation, and you receive the information you require, please contact us again and we will try to arrange an appointment.

If you require any further information please contact us at the below details."


I've already sent requests for information and both parties replied, solicitors said they would await Lowells instruction and Lowells replied with they would get the solicitors to contact me but I have never received anything from my request, should I request again or should I let this go to court?
Any help would be appreciated.

[charitynjw]

Re: Lowell portfolio 1, bw legal and the courts - requested info not provided to me

If it were me I wouldn't chase anything.
Lowells & their sols have received your requests & have both responded, albeit in a rather unsatisfactory manner.
& without a compliant response to your CCA request, Lowells are barred from enforcing the claim.
The ball is in their court. (No pun intended )

[bright colours]

Re: Lowell portfolio 1, bw legal and the courts - requested info not provided to me

Many thanks for the advice, I will just sit back and wait :-)

[charitynjw]

Re: Lowell portfolio 1, bw legal and the courts - requested info not provided to me

In due course you should receive notification from the court concerning the allocation to 'track', & instructions on how to proceed.
It is important to follow the instructions carefully & in a timely fashion.

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Small claims track - lowell portfolio - bw legal - witness statement

I received a Claim Form in connection to Lowell Portfolio and their Solicitors BW Legal back in November, of which I responded that I was to defend the claim. I sent a letter to BW Legal requesting documents under CPR31.14 mentioned in the Statement of Case and I sent a letter to Lowells to send me a true copy of agreement etc. Lowell replied saying they passed it on to BW Legal and BW Legal replied saying they had received my Acknowledgement of Service but neither sent me any documents. I submitted my defence November. I received a letter from BW Legal in December stating they were continuing with the claim. I was given a Notice of Proposed Allocation to the Small Claims Track and could not attend mediation as I hadn't received any documentation. I have now received a Notice of Allocation to the Small Claims Track (Hearing) and my Hearing is due to take place on 5 May 2017, I have to submit my Witness Statement and Evidence 14 days prior. I have checked with the court and Lowells have paid their hearing Fee. Could somebody please take a look at my Witness Statement below to check its all in order before I submit?

In the County Court at ************ Claim Number:*****************

BETWEEN:

Claimant:
**********************

-and-
Defendant:
***********************


WITNESS STATEMENT OF ******************

1. I, ********* of **********************, being the Defendant in this case, make this Witness Statement in support of my defence which is due to be heard on 5^th May 2017 at ************ County Court.
2. On 4^th November 2016 I made a written request to the Claimant requesting that the Claimant provides copies of all documents (true copy of the executed agreement and a copy of current terms and conditions encapsulating any variation) mentioned in the Statement of Case (Exhibit A).
3. On 4^th November 2016 I made a written request to the Claimant Solicitors requesting that the Claimant provides copies of all documents (Credit Agreement, a copy of the Contractual payments under the terms of the agreement and the Default Notice) mentioned in the Statement of Case (Exhibit B).
4. On 8^th November 2016 the Claimant’s Solicitors replied (Exhibit C) to my written request without the requested documents.
5. On 23^rd November 2016 the Claimant replied (Exhibit D) to my written request without the requested documents.
6. The Claimants claim is based upon Defendants alleged breach of contract and therefore, the contract is entirely central to the Claimant’s case.
7. CPR Rule 31.15 requires that documents are provided within 7 days from receipt of a written request. The Claimant has failed to provide any of the documents mentioned in its claim form.
8. On 23rd^th November 2016 I contacted the Claimant and repeated my request for copies of documents as mentioned in the Statement of Case (Exhibit E).
9. The Claimant has mentioned the Credit Agreement, the Default Notice and the Assignment in its Statement of Case and yet it has provided none of these documents despite my entitlement to inspect these documents.
10. The Claimants pleaded case is that the Defendant entered into an agreement with ***************** under account reference ************, I am uncertain as to which account this refers to. It is accepted that I have had ****** Loans in the past, however, the account number given does not relate to any information I have, therefore, it is essential that I have sight of the agreement relied upon by the Claimant to be able to accurately identify to what the claim refers.
11. I believe that the facts stated in this witness statement are true.
12. I therefore ask that the Court orders the Claimant to provide copies of the documents.

Statement of Truth



I ************, the Defendant believe the matters set out in this Witness Statement are within my own knowledge, except where I indicate to the contrary.

Signed




Signed: ________________________________

Dated: ________________________________