!! Won !! Notice of impending Legal Action: 5 year old Catologue Debt

[Amethyst]

Re: Notice of impending Legal Action: 5 year old Catologue Debt

Who the heck are Lucas ?

If they haven't filed a change in claimant from Lowell to Lucas then Lowell are still owers of the debt, and thus creditor for purposes of the CCA - maybe we should respond and inform them of that.

Dear Lowell

County Court Claim: xxxxxxxxx

Thank you for your letter dated xxxxxxxx in which you inform me that the alleged debt is being managed by a company called Lucas Credit Services Ltd. I have not received any notice of assignment and presumably, as you have not stated otherwise, your company continue to own the debt thus are the creditor pursuant to the Consumer Credit Act ( s.189) and it remains therefore your responsibility to comply with my request for a copy of the credit agreement under s. 77-79 of the Act. Nor have I received any notification from the court or your solicitors confirming a change in Claimant or Solicitors in the case, therefore I shall continue to correspond with yourselves and your solicitors.

I trust that is satisfactory.

Kind regards

Human Bean.

[Amethyst]

Re: Notice of impending Legal Action: 5 year old Catologue Debt

And no, no need to include anything other than your defence and defence form with the defence, the other docs, copies of communications etc will come later if you get as far as exchanging witness statements.

[Amethyst]

Re: Notice of impending Legal Action: 5 year old Catologue Debt

Oh and I seem to have crossed a post with you, so check the post before your last one ref your defence xxx

[humanbean]

Re: Notice of impending Legal Action: 5 year old Catologue Debt

Who the heck are Lucas ?

If they haven't filed a change in claimant from Lowell to Lucas then Lowell are still owers of the debt, and thus creditor for purposes of the CCA - maybe we should respond and inform them of that.

Dear Lowell

County Court Claim: xxxxxxxxx

Thank you for your letter dated xxxxxxxx in which you inform me that the alleged debt is being managed by a company called Lucas Credit Services Ltd. I have not received any notice of assignment and presumably, as you have not stated otherwise, your company continue to own the debt thus are the creditor pursuant to the Consumer Credit Act ( s.189) and it remains therefore your responsibility to comply with my request for a copy of the credit agreement under s. 77-79 of the Act. Nor have I received any notification from the court or your solicitors confirming a change in Claimant or Solicitors in the case, therefore I shall continue to correspond with yourselves and your solicitors.

I trust that is satisfactory.

Kind regards

Human Bean.

Hi Amethyst:grin: (and all)

HELP NEEDED Please :help::help: :help: :help::help:
Time sensitive - apologies ..


I think I know why I got the above response.
When I sent off the CCA Requests to Lowell Portfolio 1 Ltd, I sent them to their address at:

ENTERPRISE HOUSE
1 APEX VIEW
LEEDS
LS11 9BH

I believe all incarnations of Lowell (including Lowell Portfolio 1 Ltd) reside there, I found the address online. However it seems the above address is not their primary postal address!
I've done some more digging and it seems:

ELLINGTON HOUSE
9 SAVANNAH WAY
LEEDS
LS10 1AB
is their primary postal address.


I believe maybe the response letter I got informing me to contact Lucas Credit Services Ltd was from Lowell Financial (the debt collecting department of Lowell). I believe they have a one track mind, and are only interested in getting people to pay, hence the request for me to correspond directly with Lucas Credit Services who are only concerned with debt collecting.

For the record I have phoned Lucas Credit Services Ltd and they say my CCA Request is nothing to do with them, they advised me to speak to Cohen Cramer Solicitors (which I was unable to do as they had just closed). However I did ring Lowell Portfolio 1 Ltd on their Freephone number, a difficult women ( who seemed to struggle to grasp it was Lowell's responsibility to service my CCA Request if they were the Creditor) did finally admit they had received my CCA Requests and had passed them on to Lucas Credit Services.
She kept saying I should ring around Lucas and Cohen Cramer Solicitors to chase up my requests. I didn't think that was my responsibility, which I expressed to her.
Through the course of our conversation, she did admit that Lowell Portfolio 1 Ltd is the Creditor and that Lucas Credit Services just work for them, therefore as far as I am concerned it is Lowell Portfolio's responsibility to comply with my request!

So, to re-cap I made a mistake by not sending my CCA Request to Lowell Portfolio's primary address, however, ENTERPRISE HOUSE is an address they reside at, and the women admitted Lowell Portfolio 1 Ltd was in receipt of my request (and that it had been passed on to Lucas Credit Services).

So this is my guess as to what occurred due to my 'Homer Simpson Moment'. I'm hopeful no real harm was done ( they admitted receipt of my CCA Requests and said they had passed them on to Lucas ..)
Just as long as my slightly naff address choice isn't a 'FATAL ERROR' (queue the Apocalypse !!)

Do you think I should still send the letter you suggest?
If so which address do I send it?
The one where I sent the CCA Requests, or the 'primary postal address'?

Thank you for your good hearts all you crusaders for justice!
I await your reply
bean

[humanbean]

Re: Notice of impending Legal Action: 5 year old Catologue Debt

Oh and I seem to have crossed a post with you, so check the post before your last one ref your defence xxx

Thank you Amethyst,

Your guidance regarding keeping the statement concerning SHOP DIRECTS lack of a Default Notice has been acted upon.

Thank you !!:thumb:

[humanbean]

Re: Notice of impending Legal Action: 5 year old Catologue Debt

And no, no need to include anything other than your defence and defence form with the defence, the other docs, copies of communications etc will come later if you get as far as exchanging witness statements.

Thank you Amethyst,
perfect.
T

[humanbean]

Re: Notice of impending Legal Action: 5 year old Catologue Debt

And no, no need to include anything other than your defence and defence form with the defence, the other docs, copies of communications etc will come later if you get as far as exchanging witness statements.

Thank you Amethyst,

Thank you (again) for your concise info & guidance !! :tea:
bean

[nemesis45]

Re: Notice of impending Legal Action: 5 year old Catologue Debt

Lucas DCA in Bradford.

nem

[humanbean]

Re: Notice of impending Legal Action: 5 year old Catologue Debt

hi nem

sorry, what is it you are saying?
I've looked over all I've done, Lowell Portfolio have admitted they have received my CCA request when i had (an unpleasant) conversation with a 'Ms. Nasty' on the phone. So from that I'm guessing i got away with sending the CCA request to their 'ENTERPRISE HOUSE' address.
Cohen Cramer are in receipt of my CPR Request and I've received no documents to inspect yet, so until i do, they are coming up short. I think they are just trying to rattle me (of course).
If yourself or any one else could read through the last few posts, any feedback would be appreciated.
thanks for your time
I very much appreciate everyone's effort and look up to you all .. ! :thumb: bean

[nemesis45]

Re: Notice of impending Legal Action: 5 year old Catologue Debt

hi nem

sorry, what is it you are saying?
I've looked over all I've done, Lowell Portfolio have admitted they have received my CCA request when i had (an unpleasant) conversation with a 'Ms. Nasty' on the phone. So from that I'm guessing i got away with sending the CCA request to their 'ENTERPRISE HOUSE' address.
Cohen Cramer are in receipt of my CPR Request and I've received no documents to inspect yet, so until i do, they are coming up short. I think they are just trying to rattle me (of course).
If yourself or any one else could read through the last few posts, any feedback would be appreciated.
thanks for your time
I very much appreciate everyone's effort and look up to you all .. ! :thumb: bean

Reply to Ame's question " who the hell is Lucas?

nem

[humanbean]

Re: Notice of impending Legal Action: 5 year old Catologue Debt

hi nem,

oh yes. Thanks. I'm keeping an eye on everything. Awaiting the next bit of legal mail i get through the post.. I sent the letter to Lowell Portfolio Amethyst suggested, havent had a response yet, or any other correspondence (in no rush to receive any either!)
bean

[humanbean]

Re: Notice of impending Legal Action: 5 year old Catologue Debt

Hi ALL,

UPDATE: TIME SENSITIVE
COHEN CRAMER HAVE A COPY OF MY CREDIT AGREEMENT (in response to my CPR Request)

(Please would it be poss for somebody to give some timely help ?? :0)

This is the current situation.

I am away in Cyprus (needed it), having pre-prepared my Defence and left it with my sister to post. My DEFENCE DEADLINE is 14th June 16. Not long away.

I have received no response from Lowell Portfolio 1 LTD to my formal CCA Request.

As per the recommended procedure, I phoned Cohen Cramer Solicitors today to ask if they have yet managed to get hold of the CPR 31.14 Documents i formally requested. I was only able to ask for the CREDIT AGREEMENT and NOTICE OF ASSIGNMENT as they were all that was mentioned in the POC.
They informed me they have a copy of the CREDIT AGREEMENT on file (God knows when they were going to send me it). They are now sending it by post to my uk address.

So of course the 'DEFENCE' I left with my sis to post just before my DEFENCE DEADLINE now needs amending. My plan is to amend it slightly to take account of the fact they have been able to provide the CREDIT AGREEMENT, but nothing else:

No NOTICE OF ASSIGNMENT and no CONSUMER CREDIT AGREEMENT from Lowell.

Then i will sign my amended DEFENCE and send it by courier to my sister who (after destroying my old pre-prepared DEFENCE ) will make copies of the new one to the relevant parties and send them off to arrive at their destinations by 14th June DEADLINE.

************************************************** ************************************************** **************************************
I HAVE AMENDED MY 'DEFENCE' as follows ..

IN THE NORTHAMPTON COUNTY COURT (CCBC)


In the matter of:

LOWELL PORTFOLIO 1 LTD CLAIMANT

and

Mr HUMAN BEAN DEFENDANT



Court Claim 1234567

Defence




1: I received the Claim 1234567, Dated 14^th April 2016, from the Northampton County Court through the post on 16^th April 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 Catalogue Account agreement regulated under the Consumer Credit Act 1974.

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

5. The particulars of the claim fail to state when the agreement was entered into.

6. The Claimants statement of case states that the account was assigned to LOWELL PORTFOLIO 1 Ltd on 6^th Dec 2010. The Defendant does not recall receiving notice of this assignment.

7. The Defendant does not recall that Shop Direct 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.

8: On the 23^rd April 2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to COHEN CRAMER SOLICITORS. I requested the Claimant provide copies of the Credit Agreement and the Notice of Assignment .

9. Although COHEN CRAMER SOLICITORS has provided a copy of the Credit Agreement, it has failed to provide a copy of my Notice of Assignment.

10. On both the 18^th April 2016 and 20^th April 2016 I sent a formal request for a copy of the original Consumer Credit Agreement to LOWELL PORTFOLIO 1 LTD pursuant to my entitlement under section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. LOWELL PORTFOLIO 1 LTD has not sent a copy of the original Consumer Credit Agreement to me. The Claimant has failed to comply with section 78 (1) of the Consumer Credit Act 1974 and by virtue of section 78 (6) of the Consumer Credit Act 1974 cannot enforce the agreement.

12: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defense, pending receipt of documents (as allowed under CPR 15.5). The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim. They still have not been able to provide all the evidence required.

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 ................................................……

************************************************** ************************************************** ****************************************
OKAY, Ive amended it slightly, to take into account the fact that Cohen Cramer have managed come up with a copy of the CREDIT AGREEMENT.
(BUT NOT THE CCA OR THE NOTICE OF ASSIGNMENT)

Please take a gander and let me know if the slight amendments i have made will suffice?

humanbean xx

p.s.
ALSO, THEY DO NOT HAVE A COPY OF THE DEFAULT NOTICE. I WASN'T ALLOWED TO MENTION IT IN MY CPR REQUEST AS IT WASNT IN THE POC, BUT I WAS TOLD I COULD MENTION IT IN MY DEFENCE ?? (SEE SECTION 7)
DO THEY STILL HAVE TO PROVIDE ONE ANYWAY?

CAN I RING CRAMER AND ASK FOR A COPY OF THE DEFAULT NOTICE ? WHATS THE BEST THING TO DO THERE?

THANK YOU. PLEASE BARE IN MIND I WILL HAVE TO SEND MY AMENDED DEFENCE TO UK BY COURIER FOR MY SISTER TO COPY AND POST TO THE RELEVANT SOURCES BY THE 14TH JUNE DEADLINE, SO FOR ME TIME IS OF THE ESSENCE.
AND THANK YOU AGAIN

YOU ARE ALL WONDERFUL XXX

[humanbean]

Re: Notice of impending Legal Action: 5 year old Catologue Debt

Hi ALL,

UPDATE: TIME SENSITIVE
COHEN CRAMER HAVE A COPY OF MY CREDIT AGREEMENT (in response to my CPR Request)

(Please would it be poss for somebody to give some timely help ?? :0)

This is the current situation.

I am away in Cyprus (needed it), having pre-prepared my Defence and left it with my sister to post. My DEFENCE DEADLINE is 14th June 16. Not long away.

I have received no response from Lowell Portfolio 1 LTD to my formal CCA Request.

As per the recommended procedure, I phoned Cohen Cramer Solicitors today to ask if they have yet managed to get hold of the CPR 31.14 Documents i formally requested. I was only able to ask for the CREDIT AGREEMENT and NOTICE OF ASSIGNMENT as they were all that was mentioned in the POC.
They informed me they have a copy of the CREDIT AGREEMENT on file (God knows when they were going to send me it). They are now sending it by post to my uk address.

So of course the 'DEFENCE' I left with my sis to post just before my DEFENCE DEADLINE now needs amending. My plan is to amend it slightly to take account of the fact they have been able to provide the CREDIT AGREEMENT, but nothing else:

No NOTICE OF ASSIGNMENT and no CONSUMER CREDIT AGREEMENT from Lowell.

Then i will sign my amended DEFENCE and send it by courier to my sister who (after destroying my old pre-prepared DEFENCE ) will make copies of the new one to the relevant parties and send them off to arrive at their destinations by 14th June DEADLINE.

************************************************** ************************************************** **************************************
I HAVE AMENDED MY 'DEFENCE' as follows ..

IN THE NORTHAMPTON COUNTY COURT (CCBC)


In the matter of:

LOWELL PORTFOLIO 1 LTD CLAIMANT

and

Mr HUMAN BEAN DEFENDANT



Court Claim 1234567

Defence




1: I received the Claim 1234567, Dated 14^th April 2016, from the Northampton County Court through the post on 16^th April 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 Catalogue Account agreement regulated under the Consumer Credit Act 1974.

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

5. The particulars of the claim fail to state when the agreement was entered into.

6. The Claimants statement of case states that the account was assigned to LOWELL PORTFOLIO 1 Ltd on 6^th Dec 2010. The Defendant does not recall receiving notice of this assignment.

7. The Defendant does not recall that Shop Direct 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.

8: On the 23^rd April 2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to COHEN CRAMER SOLICITORS. I requested the Claimant provide copies of the Credit Agreement and the Notice of Assignment .

9. Although COHEN CRAMER SOLICITORS has provided a copy of the Credit Agreement, it has failed to provide a copy of my Notice of Assignment.

10. On both the 18^th April 2016 and 20^th April 2016 I sent a formal request for a copy of the original Consumer Credit Agreement to LOWELL PORTFOLIO 1 LTD pursuant to my entitlement under section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. LOWELL PORTFOLIO 1 LTD has not sent a copy of the original Consumer Credit Agreement to me. The Claimant has failed to comply with section 78 (1) of the Consumer Credit Act 1974 and by virtue of section 78 (6) of the Consumer Credit Act 1974 cannot enforce the agreement.

12: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defense, pending receipt of documents (as allowed under CPR 15.5). The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim. They still have not been able to provide all the evidence required.

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 ................................................……

************************************************** ************************************************** ****************************************
OKAY, Ive amended it slightly, to take into account the fact that Cohen Cramer have managed come up with a copy of the CREDIT AGREEMENT.
(BUT NOT THE CCA OR THE NOTICE OF ASSIGNMENT)

Please take a gander and let me know if the slight amendments i have made will suffice?

humanbean xx

p.s.
ALSO, THEY DO NOT HAVE A COPY OF THE DEFAULT NOTICE. I WASN'T ALLOWED TO MENTION IT IN MY CPR REQUEST AS IT WASNT IN THE POC, BUT I WAS TOLD I COULD MENTION IT IN MY DEFENCE ?? (SEE SECTION 7)
DO THEY STILL HAVE TO PROVIDE ONE ANYWAY?

CAN I RING CRAMER AND ASK FOR IT?

[Amethyst]

Re: Notice of impending Legal Action: 5 year old Catologue Debt

Morning xx

Until you have seen the credit agreement you can't plead it. They don't win just by sending a credit agreement, it needs to be compliant. There could be any number of issues with it. Can you sis get your post ? and take a pic and send it to you or upload it here ?

12: The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5, to the 14th June 2016, to allow the Claimants additional time to produce the relevant documentation to evidence their claim.

13: The Claimant remains in default of my request for copies of documentation under both the Consumer Credit Act s.78 and my request for copies of documents mentioned in their statement of case under CPR 31.14.


and leave out this for now
9. Although COHEN CRAMER SOLICITORS has provided a copy of the Credit Agreement

[humanbean]

Re: Notice of impending Legal Action: 5 year old Catologue Debt

Morning xx

Until you have seen the credit agreement you can't plead it. They don't win just by sending a credit agreement, it needs to be compliant. There could be any number of issues with it. Can you sis get your post ? and take a pic and send it to you or upload it here ?

12: The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5, to the 14th June 2016, to allow the Claimants additional time to produce the relevant documentation to evidence their claim.

13: The Claimant remains in default of my request for copies of documentation under both the Consumer Credit Act s.78 and my request for copies of documents mentioned in their statement of case under CPR 31.14.


and leave out this for now
9. Although COHEN CRAMER SOLICITORS has provided a copy of the Credit Agreement

Thank you Amethyst,:thumb:

i have instructed my sis to email the credit agreement to me asap, as soon as i get it i will post it on the forum. Is it okay to message you as soon as i do (due to the my time constraints)? thx

I have made a note of, and understand the changes you suggest for my defence, but of course lets wait and see what shenanigans the 'credit agreement' brings to light.

Word aren't enough, but 'thank you very much!'
(things seem to be touch and go with this one because of lack of time for everything i have to do, but i will continue to fight this until i either win or lose.

kind regards
& thx again humanbean ainkiller: