**WON** Court Claim - Lowell Portfolio Ltd / Co-operative Bank - 4-9-2014

[nexatron]

Received a claim? Yes
Issue Date: 4-9-2014
Amount approx: £771.38
Claimant: Lowell Portfolio Ltd
Solicitor: Bryan Carter Solicitors LLP
Original Credit: Co-operative Bank

Particulars of Claim:
The claimants claim is for the sum of £771.38 being monies due from the defendant to the claimant under an agreement regulated by The Consumer Credit Act 1974 between the defendant and Co-operative Bank under account reference XXXXXXXXXXXXXXXX and assigned to the claimant on 08/01/2013 notice of which has been given to the defendant.
The defendant failed to maintain contractual repayment under the terms of the agreement and a default notice has been served which has not been complied with.
The claim includes statutory interest pursuant to S.69 of The County Act 1984 at a rate of 8% per annum (a daily rate of 0.17) from the date of the assignment of the agreement to date but limited to a maximum of one year amounting to 6.26

Stat Barred? No

Have sent: Acknowledged the Claim, Sent a CCA request, Sent a CPR 31.14 request

Other Info:
I have already obtained a copy of the CCA (agreement initiated 16/03/04) whilst the debt was assigned to Wescot Credit Services, and it seems the very rudimentary document I was sent omitted many of the ‘prescribed terms’. If this is the same documentation that Lowell possesses, I believe (and hope) they are stuffed, royally, in as far as enforcement is concerned.

[Amethyst]

Re: Court Claim - Lowell Portfolio Ltd / Co-operative Bank - 4-9-2014

Just a quickie to say hi and welcome, and I'll have a read of your post and reply tomorrow xx

[Kafka]

Re: Court Claim - Lowell Portfolio Ltd / Co-operative Bank - 4-9-2014

Can you post up the agreement you referred to?

[Amethyst]

Re: Court Claim - Lowell Portfolio Ltd / Co-operative Bank - 4-9-2014

Morning

Sounds like you are on top of things with the claim and you have sent all the relevant requests

As Kafka says could you post up a copy of the agreement you received from Westcot as it might help assess the likelihood of Lowell providing a compliant agreement. Was it a loan or credit card ?

Regards

Sharon xx

[nexatron]

Re: Court Claim - Lowell Portfolio Ltd / Co-operative Bank - 4-9-2014

Hi and good morning Amethyst and Kafka. :tinysmile_twink_t2:

It was a Co-op credit card. Having a bit of trouble uploading the pdf of the CCA at the moment as your server is running slow. I will upload it ASAP.

As far as I can make out in only contains a 'declaration and data protection' statement along with 'your consent' and two signatures.

[Amethyst]

Re: Court Claim - Lowell Portfolio Ltd / Co-operative Bank - 4-9-2014

Feel free to email it to me, admin@legalbeagles.info

Sorry about the server, we're just too popular Will be sorted by tomorrow morning (I hope!)

[ncf355]

Re: Court Claim - Lowell Portfolio Ltd / Co-operative Bank - 4-9-2014

This sounds like a fun one

Lowell starting a claim off the back of a non compliant agreement? surely not!

[ncf355]

Re: Court Claim - Lowell Portfolio Ltd / Co-operative Bank - 4-9-2014

Oops..double post

[nexatron]

Re: Court Claim - Lowell Portfolio Ltd / Co-operative Bank - 4-9-2014

Here's the CCA I referred to. As you can see it's barely legible . As far as I can make out in only contains a 'declaration and data protection' statement along with 'your consent' and two signatures.

[Amethyst]

Re: Court Claim - Lowell Portfolio Ltd / Co-operative Bank - 4-9-2014

If that is all they sent you then they can go pivot.

Lowell will need to supply all the terms that went with that application to get anywhere.

If not for the CCA then that might get through as evidence you applied for a card with co-op but that's about it. But we have the CCA protection and that just isn't up to scratch.

See what Lowell come back with over next couple weeks anyway.

[nexatron]

Re: Court Claim - Lowell Portfolio Ltd / Co-operative Bank - 4-9-2014

Hi just another thing. I sent the CCA request off to Bryan Carter, rather than Lowell, using the template employed by FlamingParrot i.e.

"Dear Sirs,

Account or Reference No.:

I hereby formally request a copy of my Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974).I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit (12 + 2 days).

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

In line with recent OFT Guidance (issued Oct 2010) surrounding Unenforceability, I presume you're aware that the OFT has stipulated that 'sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements'. This simply means that under these sections a debtor can pay £1 to get:

• a copy of their agreement
• copies of some of the other documents mentioned in their agreement
• a statement of account

If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:

• make the debtor pay the debt before they're supposed to
• get a court judgment against the debtor

So, in line with the OFT Guidance, and the Consumer Credit Act, please find attached my £1 payment, which is the statutory fee - note that these funds are not to be used for any other purpose.

Yours faithfully,"



I assume this is OK, as this was stipulated in the Claim form as the address for sending documents and I had received an, ahem, copy of the CCA from Bryan Carter previously as the were acting on behalf of the claimant.

Is this OK?

[nexatron]

Re: Court Claim - Lowell Portfolio Ltd / Co-operative Bank - 4-9-2014

Hi again. Here's the latest communication from Bryan Carter solicitors in response to my CPR disclosure request. As you can see, according to them, there's no requirement to attach any documents to the Particulars of Claim when the claim for was issued by the County Court Business Centre.

However, their 14 days are up tomorrow (Sept 24th) to reply to my CCA request, so this should be interesting...

[Amethyst]

Re: Court Claim - Lowell Portfolio Ltd / Co-operative Bank - 4-9-2014

Yes that is quite standard. You can start putting together your defence based on the non compliance with the CCA. The agreement you received previously from Westcot was illegible and incomplete so you shouldn't have much of a problem.

[nexatron]

Re: Court Claim - Lowell Portfolio Ltd / Co-operative Bank - 4-9-2014

Forgive me Amethyst, I'm a little panicked by all this -- especially the time limits on filing a defence. The claim form was issued on the 4th. I've completed the Acknowlegement of Service online, so that gives me 28 + 5 days from 4th September to file a defence, is that right?

What if I receive no CCA at all from Lowell / Carter? And is there any specific templates for creating a defence 'non compliance with the CCA'? that may be relevant to this scenario?

Sorry to be a pain with so many questions, but all this is alien territory to me. Cheers and thanks so much.

[Kafka]

Re: Court Claim - Lowell Portfolio Ltd / Co-operative Bank - 4-9-2014

Forgive me Amethyst, I'm a little panicked by all this -- especially the time limits on filing a defence. The claim form was issued on the 4th. I've completed the Acknowlegement of Service online, so that gives me 28 + 5 days from 4th September to file a defence, is that right?

Yes

What if I receive no CCA at all from Lowell / Carter? And is there any specific templates for creating a defence 'non compliance with the CCA'? that may be relevant to this scenario?

Yes, but each defence needs to be specific to the case and all the details. Its unlikely that Lowell will send anything, so your CCA and CPR requests will help your defence if they go unanswered.

Sorry to be a pain with so many questions, but all this is alien territory to me. Cheers and thanks so much.

....