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

[Amethyst]

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

Of course, email me on sharon @ lbcompare. co.uk (without spaces - quickest way to get me ) I'll try keep an eye out anyway.

Depending on what they send you might need a rethink on the defence, but lets deal with it as it comes xx

[humanbean]

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

Of course, email me on sharon @ lbcompare. co.uk (without spaces - quickest way to get me ) I'll try keep an eye out anyway.

Depending on what they send you might need a rethink on the defence, but lets deal with it as it comes xx

Thank you very much
:0) bean

[humanbean]

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

Of course, email me on sharon @ lbcompare. co.uk (without spaces - quickest way to get me ) I'll try keep an eye out anyway.

Depending on what they send you might need a rethink on the defence, but lets deal with it as it comes xx

Of course, email me on sharon @ lbcompare. co.uk (without spaces - quickest way to get me ) I'll try keep an eye out anyway.

Depending on what they send you might need a rethink on the defence, but lets deal with it as it comes xx

Hi Amethyst, CREDIT AGREEMENT

I sent a copy of the credit agreement to your above email address, for technical reasons i haven't been able to post it onto the forum. Don't seem to be able to copy it from my email to this forum post, not sure why. Am in a cyber-cafe, pc's aren't up to a lot ..

I WILL KEEP CHECKING BACK REGULARLY. ITS VERY TIGHT TIME-WISE. ONCE I RECEIVE DIRECTIONS, I'LL PRINT OFF AN AMENDED DEFENCE & SIGN, SEND TO MY SIS (BY COURIER), WHO THEN HAS TO PRINT COPIES AND SEND TO THE RELEVANT PARTIES .. ALL BY TUESDAY 14TH JUNE (I'm hoping that date is inclusive!)

BATTLE STATIONS !! bean ainkiller:

[Amethyst]

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

Got it, just amending defence now xx

[Amethyst]

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

emailed instead.

[humanbean]

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

emailed instead.

hi Amethyst,:stars:

just to say Iv'e emailed you my signature (IN MY PREVIOUS EMAIL) HELPFUL INFO. I took 5 pics to hopefully achieve something suitable. Iv'e never done 'digi-signatures' before .. what a rush this adult student learning curve is! :0)

Is there anything else you need at this point in time, in order to proceed?
I will await your communication re: the Defence with fingers crossed. I wish i could buy you an expensive present, you deserve it.

I have been thinking ..
WHAT DO YOU THINK OF MY 'KEEP IT SIMPLE' SUGGESTION ?


If, when you have finished tweaking, you email the digitally signed 'Defence' supplement to me (thank you !!) , I can check through etc, then if okay, send it to my sister.
She can copy it the required number of times and add a copy of form N9B (SDT) to each copy of the amended defence. If Louise receives it by Friday night she should be okay to copy & fasten everything together and send all off special delivery (Saturday 11th June before lunchtime post) to arrive on Tuesday 14th June DEADLINE, or before.

What do you think? (sounds easier than what i suggested before .. )

Re: your question: I'm beating myself up about this!
I think i stopped being able to make the payments to Shop-Direct early to mid 2009, but I'm afraid that its a bit of a guess im afraid, right at this moment i can't be concise. When i get back and dig about i should be able to be more concise (by which time it will be too late for defence purposes .. Apologies ..

The bean x ainkiller:

Please let me know how i can help?
What would you like me to do now? xx

:thumb: THANK YOU !!!!!!!!!!

[humanbean]

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

Hi All, :typing:
I've just been reading my above posts, and would like to bring this thread up to date.

Basically Lowell Portfolio 1 Ltd unfortunately came up with the piece of paperwork requested in my 'CCA Request', the 'Consumer Credit Agreement' for my old SHOP-DIRECT account.

Apparently it is not a 'complete' Consumer Credit Agreement, but it has weakened my position. With Amethyst's help I have had to modify my defence. My new modified defence was sent to the Northampton County Court by email and 'Digi-signature' a day before the 14th June defence deadline.

Then it was a case of wait and see.

Recently, on 14th July, I received a 'NOTICE OF CHANGE OF SOLICITOR' and a copy of the 'N180 DIRECTIONS QUESTIONAIRRE' which the new solicitors (Lowell Solicitors Limited) have filled in.

On 21st July I received forms N149A & a copy of the N180 DIRECTIONS QUESTIONAIRRE (Small Claims Track) for me to fill in and file with the Court by 8th August. So this is it. Its definitely going to Court! (yes, It is daunting, even frightening, but I am going to try to stay the course .. one day at a time .. ).
I now know I have to fully acquaint myself with my defence and be prepared in Court to answer any questions on any of the points I have made in it. I realize I must be able to show full understanding of each and every point if asked.

The last few weeks I have been grateful to have time away from this claim. I have been extremely grateful for the help I have received through 'Legal Beagals' defending this claim, but personally I've still found it all very stressful. However I do try to be philosophical: I got myself in to this position (albeit unwittingly), so its up to me (with your much appreciated help) to attempt, using the legal rules at hand, to get out of it!
Lastly, I am sure that paying £3000 to Lowell's without a fight would be a lot more stressful!!

And, worse case scenario .. If it comes to it and I loose, at least I will know I fought my corner and didn't go easily!

So, what I need to do now is fill in the N180 and go through my defence again thoroughly and check I understand it all totally. I may ask some questions regarding this if I get stuck.

So watch this space !!

humanbean ainkiller:

I may upload a copy of my defence at some point, if it helps anyone

[Amethyst]

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

Morning ~

Get that Direction Questionnaire filled in and sent back xxx You have a way to go yet unfortunately, receipt of the AQ doesn't necessarily mean they will take the case all the way. It is also quite normal for them to change over to Lowell Solicitors - so don't read anything into that. Likely to be a couple weeks before you get a letter about a court date - which is then probably a month or two away. Then we put witness statements in, which really make your case for you. There's plenty of opportunity for Lowell to back off between now and the court steps xxxx

Tick yes to mediation, 1 witness ( you) and put your local county court.

Have you managed to locate last payment made to Shop Direct ?

[humanbean]

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

Morning ~
Have you managed to locate last payment made to Shop Direct ?

Hi Amethyst,:grin:
Thank you for your reply.
You could be on to something!

In response to your question about my last payment, I have not been able to locate the exact date of the last payment (things were chaotic), but I have a copy of a letter I sent them which gives me very strong reason to believe my last payment was made sometime in March 2010, or possibly the first few days in April 2010.

I am positive if I did make a payment in April it would have only been in the first few days, definitely before the 14th April, which is the issue date on the Claim form. If the time for them to make a claim before its statute barred starts from the date of my last payment, I'm sure its just over 6 years between my last payment and the 14th April, the date of issue of the Claim Form!

Are you thinking about this possibly being statute barred? If it starts from the last payment its slightly over 6 years. It has to be.
6 years plus is statute barred! Hope so. What do you think?

Also, I will fill in the N180 AND SEND OFF.
I'm not sure about mediation. I cant really afford to pay even half of the money .. do you really think its worth pursuing this?

humanbean x :thumb:

[charitynjw]

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

[MENTION=6]Amethyst[/MENTION]

[humanbean]

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

Hi All

Also: with the filled in N180, do I send a copy of it to Lowells Solicitors as well as the Court and keep a copy for myself?

Or can I just get away with sending N180 to the court (proof of delivery)?


thx
humanbean x

[humanbean]

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

Hi all,

Short Update.

I've filled in form N180, ticking yes to mediation, writing '1 witness' me on the form and have asked for the hearing to be at my local county court in York. I have said I'm available any time.
Yesterday (Thursday 4th August) I sent the master copy to the court (proof of postage) to arrive before the 8th August Deadline. I copied the master copy for my records and sent copies to Lowell Portfolio 1 Ltd & their legal representation, Lowell Solicitors.

So we will see what happens next. As I'm not sure.

I will post a copy of my defence hopefully tomorrow.

Thank you

humanbean:tinysmile_hmm_t2:

( its fair to say I am very anxious )

[Amethyst]

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

That all sounds fine humanbean. What happens next is you will get a phonecall/letter about mediation appointment.

If last payment was made in April then it's unlikely to be stat barred I'm afraid, as the cause of action wouldn't be until the next due payment was missed.

[humanbean]

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

That all sounds fine humanbean. What happens next is you will get a phonecall/letter about mediation appointment.

If last payment was made in April then it's unlikely to be stat barred I'm afraid, as the cause of action wouldn't be until the next due payment was missed.

Thanks Amethyst,
hope you enjoyed your breakop2:

I'm not expecting the mediation to be particularly fruitful, but will give it a go. I'm going to chuck a copy of my defence onto the thread (slightly altered), in case it will be helpful to others. would have done it already but didn't have a copy of the latest 'office 365', so couldn't open it ( ! ). That is now thankfully sorted :0)

Thank you x
humanbean

[humanbean]

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

Hi to all,:typing:

to anybody who is interested here is a copy of my defence emailed to Northampton CCBC on 13th June 2016.

I requested 2 pieces of paperwork for inspection through CCA & CPR Requests.
The credit agreement and the notice of assignment. I couldn't request more documents such as the notice of default as it wasn't on the 'POC' (particulars of claim) on the Claim form.
Unfortunately, Lowell supplied a piece of the paperwork I requested, the 'Consumer credit agreement', just a few days before the final defence deadline, so with Amethysts input the below document was born (thanks Amethyst!).
Having filled out and sent in my N180 (saying 'yes' to mediation), I am awaiting a phone call or letter with details of the mediation.

What I'm thinking: 'I've SO had enough of all this, but I have no choice I must try to see this to the end & try to extricate myself from this mess!':juggle:
I'm very grateful for everyone's help & support.

humanbean
----------------------------------------------------------------------------------------------------------------------------------------------------


IN THE NORTHAMPTON COUNTY COURT (CCBC)
CLAIM: 1234567


In the matter of:


LOWELL PORTFOLIO 1 LTD
CLAIMANT
and
THE HUMAN BEAN
DEFENDANT



DEFENCE

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

2. The Claimant’s statement of case contends that the claim is for a “non-regulated Shop-Direct account”.


3. It is denied that the Defendant has ever had a “non-regulated Shop Direct account”. Shop Direct is a catalogue company who provide goods on a running-credit account basis. Any such account would be regulated by the Consumer Credit Act 1974.

4. The Claimants pleadings are lacking detail, there are no details as to when the alleged default occurred, the degree of default, despite requests for information from the Defendant; the Claimant has not provided any details as to how the sums claimed have accrued.


5. The sparse particulars of claim state that the account was assigned to Lowell Portfolio 1 Ltd on ##/Dec/2010. This date is unproven as despite requests for disclosure of the notice allegedly given to the Defendant, no assignment notice has been received by the Defendant.

6. In respect of matters, which the Defendant is able to plead to, and despite the Claimants pleading that the alleged account was ‘non-regulated’ a request was made on ##^th April 2016 pursuant to s78 (1) Consumer Credit Act 1974 and payment of the statutory fee of £1 was provided, to ascertain which agreement the Claimant was demanding payment under and to obtain further information about the terms of the contract.


7. In addition, on ## April 2016 the Defendant made a further request for information from the claimant. He asked for inspection of documents mentioned in the Claimant’s statement of case under Civil Procedure Rule 31.14, being the agreement/ contract and the notice of assignment.

8. As the Claimant failed to provide any documentation the Parties agreed to an extension of 28 days to the time period allowed for filing of the 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.
9. On the 8^th June 2016 the Claimant disclosed copies of two regulated agreements on which they intend to rely.

10. The first agreement is for an account with Littlewoods Finance Company Limited and is regulated by the Consumer Credit Act 1974.


11. It is admitted that the Defendant held a Littlewoods Finance Company Limited account and purchased products from the ‘Littlewoods’ catalogue on 0% credit terms.

12. The Defendant contends that if there was any outstanding debt owed to ‘Littlewoods’ any such debt would be statute barred pursuant to section 5 of the Limitations Act 1980. The last payment or acknowledgment of any agreement with ‘Littlewoods’ was in 2009.


13. No statement of account or evidence of how the sums claimed have been calculated has been provided.

14. The Defendant does not recall that ‘Littlewoods’ 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.


15. The Claimant has also sent the Defendant a copy of a template of a Shop Direct Finance Company Limited agreement. The document does not contain any of the Defendant’s details and key prescribed terms regarding interest have information missing. The document is not dated nor is there any reference for the Defendant to make further enquiries. The Defendant has never seen this document before.



16. Under the circumstances, the Defendant avers that the request is not satisfied, as the documents supplied to date are incomplete and do not appear to be relevant to the Claimant’s statement of case.


17. It is denied that the Claimant has served notice of sums in arrears pursuant to s.86(c) Consumer Credit Act 1974. A notice of sums in arrears must precede enforcement and therefore the Claimant is not entitled to enforce the agreement.

18. 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 £1 claimed.

19. The Defendant has not yet been able to examine the terms and conditions which were in force at the time that the agreement was signed and therefore reserves the right to amend these pleadings to address any breaches that are identified if such terms and conditions are disclosed by the Claimant. The amendment will be due to the lack of disclosure by the Claimant and the failure to respond to the s78 CCA 1974 request correctly and the Defendant therefore also reserves the right to claim the cost of such amendments from the Claimant.


20. Lastly, the Claimant has sought to recover s.69 County Courts interest within this claim. The Defendant believes that the Claimant is not entitled to recover such interest due to the fact that this debt originates from an agreement regulated by the Consumer Credit Act 1974.Without sight of the full terms of the original agreement, it is not possible to state categorically whether the Claimant is entitled to seek such interest and until such terms are supplied and inspected, the Defendant denies the Claimants right to seek s.69 County CourtsAct 1984 interest.

21. 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
The human bean
Dated: 10^th June 2016