Lowells County Court Claim, Advice greatly appreciated

[o0Wiggy0o]

Received a claim? Yes
Issue Date: 05 July 2017
Amount approx: £1539.79
Claimant: Lowell Portfolio
Solicitor: Lowell Solicitors
Original Creditor: Creation Consumer Finance
Particulars of Claim:

1) The defendant entered into a Consumer Credit Act 1974 regulated
agreement with Creation Consumer Finance under account reference
------- ('the Agreement').

2) The Defendant failed to maintain the required payments and a default
notice was served and not complied with.

3) The Agreement was later assigned to the Claimant on 24/05/2016 and
notice given to the defendant.

4) Despite repeated requests for payment, the sum of £1286.84 remains due
and outstanding.
And the Claimant claims
a)The said sum of £1,286.84
b)Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum
form the date of the assignment to the date of issue, accruing at a daily rate of
£0.282, but limited to one year, being £102.95.
c) Costs


Is the debt Statute Barred? I believe 6 years has passed since last payment (sorry i don't understand)

List any letters you have sent: None at this point

Any Other Info:

When i split up with my ex I phoned DFS and asked for the account to be exchanged in to my partners name, my partner was present and gave DFS her bank details. My ex made 1 or 2 payments from her bank account and then stopped paying and then years later I start getting letters from various debt collectors. I ignored all the letters and it's finally gotten to this point. I haven't paid any money or acknowledged the debt for what i'm 99% sure is over 6 years. I've cleared all my debts that hung over me after our breakup but this one I've simply ignored because I was under the impression everything was switched to my ex and her making a couple of payments was enough proof to back it up.

I've prepared a CCA letter which i'll be sending tomorrow.

I'm a bit stuck on the CPR letter, do i just list the particulars of claim exactly as above in the letter? or does it need rewording?

I appreciate any help. Sorry for bad formatting, I'm a bit stressed out.

Regards

[Amethyst]

Re: Lowells County Court Claim, Advice greatly appreciated

DFS.

Have you acknowledged the claim ?

When you took out the credit through DFS it was in your sole name or joint names?

To transfer the agreement to a third party really wouldn't be as simple as ringing up and changing bank details - that will simply have changed where the payments come from. Unless the agreement was changed formally with the creditor ( which would mean paying off the loan you had and opening a new one in your ex's name - which would mean going through credit checks and so on) so I think you were mislead by DFS at the time and you'd simply changed bank details for payments to Creation.

Does anything show on your credit file for this at all ?
Do you recall when you changed the payment details ? ( when you split with your ex at a guess if you remember when that was.... plus a couple months for the payments she made to get to an estimate of when last payment was .... it is likely to end up just under 6 years. )

So You do need to send a CCA request and a CPR request. CPR can ask for Agreement, Default Notice and Notice of Assignment and goes to Lowell Solicitors ( Just list the documents needed no need to put the whole POC in there) . The CCA goes to Lowell Portfolio.

You could send a SAR to Creation Finance however to be honest, unless you recall more about it ( new agreements etc) I think there is zero argument regarding the agreement being in your ex's name, it does just sound like you changed bank details for payments. The CCA and CPR should be plenty really.

[o0Wiggy0o]

Re: Lowells County Court Claim, Advice greatly appreciated

DFS.

Have you acknowledged the claim ? I have acknowledged the claim yesterday, I didn't realise the letter was real to be honest, I thought it was a scare letter.

When you took out the credit through DFS it was in your sole name or joint names? It was in my name only.

To transfer the agreement to a third party really wouldn't be as simple as ringing up and changing bank details - that will simply have changed where the payments come from. Unless the agreement was changed formally with the creditor ( which would mean paying off the loan you had and opening a new one in your ex's name - which would mean going through credit checks and so on) so I think you were mislead by DFS at the time and you'd simply changed bank details for payments to Creation.

I think you're probably right, It was just a phone call I made and I didn't have to clear the loan and re-open in my ex's name.


Does anything show on your credit file for this at all ?
Do you recall when you changed the payment details ? ( when you split with your ex at a guess if you remember when that was.... plus a couple months for the payments she made to get to an estimate of when last payment was .... it is likely to end up just under 6 years. )

I created a new Facebook account when i split up with my ex in September 2011 so that's when it would of been....going from them dates, it's just under 6 years

So You do need to send a CCA request and a CPR request. CPR can ask for Agreement, Default Notice and Notice of Assignment and goes to Lowell Solicitors ( Just list the documents needed no need to put the whole POC in there) . The CCA goes to Lowell Portfolio.

You could send a SAR to Creation Finance however to be honest, unless you recall more about it ( new agreements etc) I think there is zero argument regarding the agreement being in your ex's name, it does just sound like you changed bank details for payments. The CCA and CPR should be plenty really.

On the CPR request, it says "To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on xx/xx/xxxx."

The issue date was the 5th July and i acknowledged on the 13th so 28 days from the 5th is the 2nd of August. Do I put the 2nd of August?

Thank You

[warwick65]

Re: Lowells County Court Claim, Advice greatly appreciated

On the CPR request, it says "To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on xx/xx/xxxx."

The issue date was the 5th July and i acknowledged on the 13th so 28 days from the 5th is the 2nd of August. Do I put the 2nd of August?

Thank You

Once acknowledged you actually have 33 days from the date on the claim form - they allow 5 days for service by post so by my calculations 4pm 7th August

[o0Wiggy0o]

Re: Lowells County Court Claim, Advice greatly appreciated

UPDATE - I sent the CPR and CCA documents to Lowells and the Solicitors on the 17th July. I received a letter back from Lowells saying they will get the information sent to me but nothing has arrived and they are out of time now.

I need to get a defence sent off by tomorrow, shall I use the basic defence template or is their something more tailor made to this scenario?

I don't really know what i'm doing and worried i'm going to get it wrong.

Any help would be appreciated

[Kati]

Re: Lowells County Court Claim, Advice greatly appreciated

UPDATE - I sent the CPR and CCA documents to Lowells and the Solicitors on the 17th July. I received a letter back from Lowells saying they will get the information sent to me but nothing has arrived and they are out of time now.

I need to get a defence sent off by tomorrow, shall I use the basic defence template or is their something more tailor made to this scenario?

I don't really know what i'm doing and worried i'm going to get it wrong.

Any help would be appreciated

have a play around with the template (adapt it to your circumstances) and post it up on here ... I'm sure you'll get lots of help before it needs to be put in.

As warwick put in post #4, you get 33 days from the issue date before your defence is due in (28 days + 5 days for service) so your defence is due in on the 7th August which gives us a whole weekend to use xx

[o0Wiggy0o]

Re: Lowells County Court Claim, Advice greatly appreciated

have a play around with the template (adapt it to your circumstances) and post it up on here ... I'm sure you'll get lots of help before it needs to be put in.

As warwick put in post #4, you get 33 days from the issue date before your defence is due in (28 days + 5 days for service) so your defence is due in on the 7th August which gives us a whole weekend to use xx

I was under the impression the defence needs to be posted to them by the 7th? or can i upload it to the money claim online portal on the 7th before 4pm?

Thanks for your reply, really appreciate the help.

Regards

[Kati]

Re: Lowells County Court Claim, Advice greatly appreciated

I was under the impression the defence needs to be posted to them by the 7th? or can i upload it to the money claim online portal on the 7th before 4pm?

Thanks for your reply, really appreciate the help.

Regards

if you put in your acknowledgement via MCOL then you can enter your defence that way too xx

[o0Wiggy0o]

Re: Lowells County Court Claim, Advice greatly appreciated

Something strange is going on, on the MCOL website. It's saying my username and password are incorrect and wont let me log in even though 1. I use LastPass which stores my password safely through encryption and 2. I've got the response form right in front of me with the details on and I know i'm not making any mistakes putting it in.
As Lowells did not send me the inofrmation I asked for, is it possible that they've closed the claim or.......

EDIT: Not my main username and password, i mean the Claim number and Claim Number password that's on my repsonse form. I can log in to the MCOL with my main details fine just can't log in to the defence part.

[warwick65]

Re: Lowells County Court Claim, Advice greatly appreciated

Hi

Once you have registered and acknowledged the claim you do not use the details on the claim form to log on. You use the long 12 digit user I'd ant the password you set up.

Took me a while to realise

There at the bottom of the page was my claim and when I clicked on it it showed a brief history up u til it was transferred to my local court

[o0Wiggy0o]

Re: Lowells County Court Claim, Advice greatly appreciated

Ok, it looks like i have two 12 digit codes for that website and i'm now in and can see my case at the bottom. Sorry.

[warwick65]

Re: Lowells County Court Claim, Advice greatly appreciated

Nothing at the bottom of the page saying progress or anything?

- - - Updated - - -

Ok, it looks like i have two 12 digit codes for that website and i'm now in and can see my case at the bottom. Sorry.

Posts crossed. Good stuff

[o0Wiggy0o]

Re: Lowells County Court Claim, Advice greatly appreciated

I'm unsure how to amend this text -

1. It is [admitted/denied] that the Defendant has [previously] entered into [an agreement/agreement] with [Original Creditor /Claimant] for provision of credit.

Do i put

It is denied that the defendent has previously entered into an agreement with the Claimant for provision of credit.

?

Sorry for so many questions.

[warwick65]

Re: Lowells County Court Claim, Advice greatly appreciated

Personally I would put that but add a paragraph admitting dealings with creation in the past. Maybe have that before you deny dealings with Lowell.

Then go on to talk about no notice of assignment received and the claimant is asked to prove their right to bring a claim by producing the Deed if assignment between themselves and creation.

[o0Wiggy0o]

Re: Lowells County Court Claim, Advice greatly appreciated

So this is what i've got.

1. I received the claim CLAIM NUMBER from the Northhampton County Court on 05 July 2017

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 finance agreement regulated under the Consumer Credit Act 1974.

4. It is admitted that I have previously had dealings with Creation Consumer Finance.

5. It is denied that the Defendant has previously entered into an agreement with Lowell for provision of credit.

6. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

7. The Claimants statement of case states that the account was assigned from Creation Consumer Finance to Lowell Portfolio I LTD on 24/05/2016. The Defendant does not recall receiving notice of this assignment.

8. It is denied that Creation Consumer Finance 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 17^th July 2017, I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Lowell Solicitor’s. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

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

11. On the 17^th July 2017, I sent a formal request for a copy of the original agreement to Lowell Portfolio I 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. 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 ________________________________


Would that be good enough?

I'm not sure about the thing in red.

Thank you