Court Claim - Kimie_9 Vs Lowell Portfolio I Ltd / Express Gifts Limited (Studio)

[Kimie_9]

Received a claim? Yes
Issue Date: 25/09/2017
Have you Acknowledged the Claim?: Not yet
Total Amount Claimed: £348.60
Claimant’s Name: Lowell Portfolio I Ltd
Solicitors Firm: Lowell Solicitors Limited
Original Creditor: Express Gifts Limited (Studio)
Original Debt (eg. Credit card/Loan/Overdraft): Catalogue
Particulars of Claim:
1) The Defendant entered into a Consumer Credit Act 1974 regulated agreement with Express Gifts Limited Studio 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 18/05/2015 and notice given to the Defendant.
4) Despite repeated requests for payment, the sum of £253.33 remains due and outstanding.
And the Claimant claims
a) The said sum of £253.33
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 £0.056, but limited to one year, being £20.27
c) Costs
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): No
Any Other Information or Background Details:
The debt is a Catalogue debt which I took out in 2009. I always paid on time, but was made redundant in 2012, meaning I could no longer afford any of the repayments. Due to the small amount owed, I am so surprised that they have pursued it this far! I am going to Acknowledge the Claim and probably defend. Thus, I have downloaded the relevant letters (CCA Request and CPR 31.14) to send to the Claimant/Solicitors. I would love some advice of whether this is the right course of action and if so, then some help along the way would make this issue so much less scary, as I am truly petrified lol

Thanks in advance

[warwick65]

Re: Court Claim - Kimie_9 Vs Lowell Portfolio I Ltd / Express Gifts Limited (Studio)

Hi
It seems you have it all under control
CCA request to Lowell Portfolio
Cpr31,14 request to Lowell solicitors

These companies buy these debts by the boatload and yes they do take it to court, you only need to look around the forums to see claims for £200 upwards- sometimes even less although fees tend to bump them up.

Remember they are in business to make money and if they paid £30 or less ( I read somewhere recently a claim that some debts were sold for 1p in the £ so for you it would be £2.50 ish ) and well over half of all claims are won with a default judgement - well you do the math as they say

I think you are right to defend because for a start you will only lose if you don't try and even if you feel its all a bit of a struggle you could, and I say could, sort out some sort of payment plan at mediation and if you are in a strong position that could be not a lot and it would go away for ever- all depends on what winning and the time and effort is worth to you.

[Kimie_9]

Re: Court Claim - Kimie_9 Vs Lowell Portfolio I Ltd / Express Gifts Limited (Studio)

Hi
It seems you have it all under control
CCA request to Lowell Portfolio
Cpr31,14 request to Lowell solicitors

These companies buy these debts by the boatload and yes they do take it to court, you only need to look around the forums to see claims for £200 upwards- sometimes even less although fees tend to bump them up.

Remember they are in business to make money and if they paid £30 or less ( I read somewhere recently a claim that some debts were sold for 1p in the £ so for you it would be £2.50 ish ) and well over half of all claims are won with a default judgement - well you do the math as they say

I think you are right to defend because for a start you will only lose if you don't try and even if you feel its all a bit of a struggle you could, and I say could, sort out some sort of payment plan at mediation and if you are in a strong position that could be not a lot and it would go away for ever- all depends on what winning and the time and effort is worth to you.

Thanks so much for your advice. I can't believe they purchase these debts for so little. I guess even my smaller debt amount is a large profit for them!

I have another question. I just received a letter back from Lowells Solicitors saying they have received my letter and that they are in the processes of retrieving the documents requested. The bit of the letter that intrigued me, however, is that they state who the debt was originally with and then the last date payment was made. The date they quote is 1/10/11. Would this mean that the debt is maybe SB? Any guidance on what I should do next would be really appreciated

[warwick65]

Re: Court Claim - Kimie_9 Vs Lowell Portfolio I Ltd / Express Gifts Limited (Studio)

Hi
As the claim was issued in late September it seems they have just got in before SB. The 'clock' stops once a claim is issued.

However is this date correct or did you maybe send a CCA request about that time which may have got credited to your account?

Also remember that whatever they may say or do you need to follow the courts timeline so your acknowledgment of service was due 9 days ago and you have until 4pm on 28th October (assuming the date you posted as the date of claim is correct. However as 28th Oct is a Saturday it is actually 4pm 30th Oct the Monday. Personally i would try to get it filed that weekend , MCOL often seems to crash at the weekend

[Kimie_9]

Re: Court Claim - Kimie_9 Vs Lowell Portfolio I Ltd / Express Gifts Limited (Studio)

Hi
As the claim was issued in late September it seems they have just got in before SB. The 'clock' stops once a claim is issued.

However is this date correct or did you maybe send a CCA request about that time which may have got credited to your account?

Also remember that whatever they may say or do you need to follow the courts timeline so your acknowledgment of service was due 9 days ago and you have until 4pm on 28th October (assuming the date you posted as the date of claim is correct. However as 28th Oct is a Saturday it is actually 4pm 30th Oct the Monday. Personally i would try to get it filed that weekend , MCOL often seems to crash at the weekend

Ohh that's so annoying, was really banking on that! Sneaky buggers getting in just before lol

I'm sorry if I come across as stupid lol but what do you mean by your second sentence? Do you mean, is the last date of payment correct or date of claim issue? I did send a CCA request and this was on 9/10.

Yeah they try and say in the letter that the account is on hold, but I know that has no bearing on the court timetable. Yes claim was issued 25/9, but received in post a few days later. I know that service allows 5 days from issue, right lol so its the 30/9. I hope I'm saying that right. Yes will definitely submit defence on or before that weekend.

[warwick65]

Re: Court Claim - Kimie_9 Vs Lowell Portfolio I Ltd / Express Gifts Limited (Studio)

I was asking if the date of payment was correct as far as you know

If it isn't correct I was looking for a reason, sometimes when people send CCA requests and the fee, the cheeky sods pay it into your account and it looks like a regular payment. I know it has happened to me a couple of times but I have all the paperwork so can prove what the payment was for

[Kimie_9]

Re: Court Claim - Kimie_9 Vs Lowell Portfolio I Ltd / Express Gifts Limited (Studio)

I was asking if the date of payment was correct as far as you know

If it isn't correct I was looking for a reason, sometimes when people send CCA requests and the fee, the cheeky sods pay it into your account and it looks like a regular payment. I know it has happened to me a couple of times but I have all the paperwork so can prove what the payment was for

Ahh I see, sorry lol No I've never sent a CCA request before now (didn't even know what they were till a couple of weeks ago haha). Wow I can't believe they try and get away with that crap. They really are cheeky so and so's.

Just another thing, is there a difference between notice of assignment and deed of assignment? And if so, which one is Lowell supposed to provide me with?

[Kimie_9]

Re: Court Claim - Kimie_9 Vs Lowell Portfolio I Ltd / Express Gifts Limited (Studio)

The time has come to file my defence and I was wondering if anyone could give me some advice. I've downloaded the example defence but am not sure what applies to me.

I have not had anything back from Lowell. I received one letter saying that they received my request (I sent both a CCA and CPR 31.14) and that they were in the process of retrieving the documents I asked for. They did attach the notice of assignment only though. But, as I asked before, is there a difference between this notice of assignment which is what lets me know the claim was assigned to them, and the actual deed of assignment which I suppose would be the document stating the details of their transaction between themselves and the original creditor? Or is there no difference and I'm way off? lol

Thanksss

[Amethyst]

Re: Court Claim - Kimie_9 Vs Lowell Portfolio I Ltd / Express Gifts Limited (Studio)

Here's a starting point for you - have a good read and amend anything and post back xxxx

---------------------------------------------------------------------------------------

1.I received the claim [Claim Number] from the Northampton County Court Business Centre on [Date you received the claim]

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3.This claim is for a Catalogue which would be regulated under the Consumer Credit Act 1974.


4.It is admitted that the Defendant has previously purchased some goods from the 'Studio' catalogue which is run by ' Express Gifts Ltd'. I do not recall signing a credit agreement. I made weekly/monthly payments to the company by [debit card / bank transfer] after purchasing goods.



5.The Claimant’s Particulars of Claim fail to state when the agreement was entered into or how the amount claimed has been calculated. There is no information of any interest, purchase price or any default penalties added to any amount that may have been outstanding.


6.On the [Date] I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to [Claimant’s Solicitor]. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

7.[Claimant’s Solicitor] has only sent a copy of a Notice of Assignment which states the account was assigned from Express Gifts to the Claimant on 18/05/2015. I do not recall receiving this notice of assignment. Add any issues with the NOA here.



8.It is denied that Express Gifts served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. I was not given opportunity to rectify any outstanding sums and have not had contact with Express Gifts since around 2012. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.


9. To try and find out more information and the full terms which I am alleged to have agreed, on the DATE sent a formal request for a copy of the original agreement to [Claimant] pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.


10.The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement while he remains in default.


11.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.


12.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.


13.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.


14.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 ________________________________

[Kimie_9]

Re: Court Claim - Kimie_9 Vs Lowell Portfolio I Ltd / Express Gifts Limited (Studio)

Here's a starting point for you - have a good read and amend anything and post back xxxx

---------------------------------------------------------------------------------------

1.I received the claim [Claim Number] from the Northampton County Court Business Centre on [Date you received the claim]

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3.This claim is for a Catalogue which would be regulated under the Consumer Credit Act 1974.


4.It is admitted that the Defendant has previously purchased some goods from the 'Studio' catalogue which is run by ' Express Gifts Ltd'. I do not recall signing a credit agreement. I made weekly/monthly payments to the company by [debit card / bank transfer] after purchasing goods.



5.The Claimant’s Particulars of Claim fail to state when the agreement was entered into or how the amount claimed has been calculated. There is no information of any interest, purchase price or any default penalties added to any amount that may have been outstanding.


6.On the [Date] I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to [Claimant’s Solicitor]. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

7.[Claimant’s Solicitor] has only sent a copy of a Notice of Assignment which states the account was assigned from Express Gifts to the Claimant on 18/05/2015. I do not recall receiving this notice of assignment. Add any issues with the NOA here.



8.It is denied that Express Gifts served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. I was not given opportunity to rectify any outstanding sums and have not had contact with Express Gifts since around 2012. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.


9. To try and find out more information and the full terms which I am alleged to have agreed, on the DATE sent a formal request for a copy of the original agreement to [Claimant] pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.


10.The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement while he remains in default.


11.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.


12.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.


13.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.


14.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 ________________________________

Thank you so so much for this. Have looked through and amended the bits I need. Will repost and double check its all good. Umm I have a slight worry though... Ive been trying to login to MCOL all evening, but it keeps telling me that my details are incorrect. I have even reset my password just in case and I still cant log on. Is this a regular thing and will I eventually be able to log in, as im getting so worried as have to submit defence by tomorrow at 4pm xxxx