Lowell v shirlthegirl's hubby

[shirlthegirl]

Hi folks

You were all most helpful a couple of years ago and assisted me in defending an issue against Brian Carter / Lowell

So here we are with a few more grey hairs and now hubby has received a Claim form from Northampton.

We are doing the acknowledgement online and there is an option to contest jurisdiction. Can I just have confirmation that we do not need to do this please?

Cheers

[warwick65]

Re: Lowell v shirlthegirl's hubby

If you are in England or Wales no need to contest jurisdiction

[shirlthegirl]

Re: Lowell v shirlthegirl's hubby

Hi again, I seem to have landed the job of doing all the paperwork for this (it is that or wait for the fallout when the time runs out). Anyhoo, I am busy doing the letters for the 3114 and CCA. I have copies of the letters I sent out for my battle a couple of years ago and wondered if everything is still the same now? Also, there seem to be more things in his particulars of Claim so I will copy the bits that I didn't cover on my 3114 letter so not sure if I need to address them for his...

1. The agreement - sorted on this bit
2. The default notice - also sorted.
3. The Agreement was later assigned to the Claimant on 25/09/2014 and notice given to the Defendant. - Do I need to ask for proof of this?

Thank you in advance.

[jaguarsuk]

Re: Lowell v shirlthegirl's hubby

Hi

Yes, you want to see the Assignment Notice as if none exists they have no right to bring the claim.

[charitynjw]

Re: Lowell v shirlthegirl's hubby

What is the claim for (Credit card, bank acc/overdraft, mobile phone etc) & approx how much?

[shirlthegirl]

Re: Lowell v shirlthegirl's hubby

Hi, it is for a Capital One credit card - they are claiming £254.49 plus Court fee £25.00 and Legal representative costs of £50.00 making a total of £329.49

[warwick65]

Re: Lowell v shirlthegirl's hubby

I would also ask for the deed of assignment. You won't get it but it puts them in notice come your defence you will be asking for it.

[shirlthegirl]

Re: Lowell v shirlthegirl's hubby

Is there some legalese I should quote when asking for a copy of the Assignment? I have the wording for the first two bits from my own paperwork a few years ago.

[charitynjw]

Re: Lowell v shirlthegirl's hubby

Have you sent a CCA s78 request to Lowells?

If not, do so asap.

[shirlthegirl]

Re: Lowell v shirlthegirl's hubby

Doing that right now, thanks

[shirlthegirl]

Re: Lowell v shirlthegirl's hubby

I would also ask for the deed of assignment. You won't get it but it puts them in notice come your defence you will be asking for it.

How should I word that part of the request - somehow 'please send me a copy of the deed of assignment' doesn't look right following all the 'compliant with.....' bits in the other two points I have typed

[MIKE770]

Re: Lowell v shirlthegirl's hubby

CCA Request Letter

[shirlthegirl]

Re: Lowell v shirlthegirl's hubby

Thanks for the link I have done that one already, struggling with wording on the CPR 31.14 request for the deed of assignment

[charitynjw]

Re: Lowell v shirlthegirl's hubby

Could you post up (or type verbatim*) the Particulars of Claim?

(*One of these days someone will post just the word 'verbatim')

[shirlthegirl]

Re: Lowell v shirlthegirl's hubby

Could you post up (or type verbatim*) the Particulars of Claim?

(*One of these days someone will post just the word 'verbatim')

Here you go....

1) The Defendant entered into a Consumer Credit Act 1974 regulated agreement with Capital one under account reference 4775965314294926 ('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 25/09/2014 and notice given to the defendant.
4) Despite repeated requests for payment, the sum of £235.64 remains due and outstanding.
And the Claimant claims
a) The said sum of £235.64
b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.052, but limited to one year, being £18.85
c) Costs