**WON!!** Lowell Portfolio 1 Ltd vs. sergeybubka

[sergeybubka]

Re: Lowell Portfolio 1 Ltd vs. sergeybubka

IMHO

Also send a CCA request to the Claimant (not to BW)..........See the green template, top of this thread.
£1 fee (PO is good) & don't forget proof of postage.

Although they have stated in the PoC that it is a regulated agreement, they do not seem to know what type of agreement, so a request via ss77-79 CCA 1974 should cover all bases.

& yes, for the time being defend all.

Thank you.

[sergeybubka]

Re: Lowell Portfolio 1 Ltd vs. sergeybubka

Cheers nem, I've acknowledged online. I have also drafted the CCA and CPR request letters, should I send these?

[nemesis45]

Re: Lowell Portfolio 1 Ltd vs. sergeybubka

Y

Cheers nem, I've acknowledged online. I have also drafted the CCA and CPR request letters, should I send these?

YES, SB

nem

[sergeybubka]

Re: Lowell Portfolio 1 Ltd vs. sergeybubka

Quick update :-

I've received a reply from BW stating that they have referred the request to their client who may need to refer to the original creditor.

Given that I need to file my defence on Friday, I doubt I'll receive anything in time.

I have not heard anything from Lowell re my CCA request.

Is now a good time to offer a f+f settlement? If so, what is the best way to go about it?

Even though I don't feel I have received anywhere near adequate documentation to pay the debt, I am worried about what may happen if my defence is based purely on this. I want to avoid a ccj at all costs.

Obviously it's my call, but I feel a bit lost in terms of what the sensible thing to do is. Any advice from you guys would be much appreciated.

Thanks
SB

[nemesis45]

Re: Lowell Portfolio 1 Ltd vs. sergeybubka

Quick update :-

I've received a reply from BW stating that they have referred the request to their client who may need to refer to the original creditor.

Given that I need to file my defence on Friday, I doubt I'll receive anything in time.

I have not heard anything from Lowell re my CCA request.

Is now a good time to offer a f+f settlement? If so, what is the best way to go about it?

Even though I don't feel I have received anywhere near adequate documentation to pay the debt, I am worried about what may happen if my defence is based purely on this. I want to avoid a ccj at all costs.

Obviously it's my call, but I feel a bit lost in terms of what the sensible thing to do is. Any advice from you guys would be much appreciated.

Thanks
SB

My person feeling is to defend now as they have no agreement, this does not preclude an offer later on.

nem

- - - Updated - - -

Quick update :-

I've received a reply from BW stating that they have referred the request to their client who may need to refer to the original creditor.

Given that I need to file my defence on Friday, I doubt I'll receive anything in time.

I have not heard anything from Lowell re my CCA request.

Is now a good time to offer a f+f settlement? If so, what is the best way to go about it?

Even though I don't feel I have received anywhere near adequate documentation to pay the debt, I am worried about what may happen if my defence is based purely on this. I want to avoid a ccj at all costs.

Obviously it's my call, but I feel a bit lost in terms of what the sensible thing to do is. Any advice from you guys would be much appreciated.

Thanks
SB

My person feeling is to defend now as they have no agreement, this does not preclude an offer later on.

nem

[sergeybubka]

Re: Lowell Portfolio 1 Ltd vs. sergeybubka

Hi all,

Thanks for the advice, nem. I'm going to defend for now. Defence needs to be filed tomorrow.

I've yet to receive any documentation and I think with what they've supplied me so far it's only right to defend, with the opportunity of negotiating further down the line.

I've quickly drafted my defence at lunch today, would appreciate some guidance, particularly bits in bold.

Thanks in advance

1: I received the claim [Claim Number] from the Northampton County Court on 15/07/2016. (should I put the date the letter was delivered or the genuine date I personally received it?)

2: Each and every allegation in the Claimant’s statement of case is denied unless specifically admitted in this Defence.

3: This claim appears to be for a [Credit Card / Loan / Catalogue Account] agreement regulated under the Consumer Credit Act 1974. (precise nature of debt/agreement isn’t specified)

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 claim fail to state when the agreement was entered into. (mention incomplete acc number?)

6. The Claimants statement of case states that the account was assigned from Lloyds Banking Group PLC to Lowell Portfolio 1 Ltd on 24/11/2015. The Defendant does not recall receiving notice of this assignment.

7. It is denied that Lloyds Banking Group PLC 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.


8a. Do I mention the original (‘prove it’) proof of docs letter, (which was ignored before they filed the claim) which I sent to BW (27/06/16)?

8: On 20/07/2016 I sent a request for inspection of documents mentioned in the Claimant’s statement of case under Civil Procedure Rule 31.14 to BW Legal. I requested the Claimant provide copies of the [Agreement, Default Notice and Notice of Assignment]. (should I mention the response from BW here?)

9. BW Legal has not sent any of these documents to me.

10. On the 20/07/2016 I sent a formal request for a copy of the original agreement to the Claimant, as well as a copy of the request to BW Legal, pursuant to sections 77-79 (?) of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with [s77 (1) / s 78 (1)] (?) Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

12. I sent the letter on the 20^th just before 9am via recorded delivery. I’m not sure when is reasonable to expect them to receive it, but if they did receive it on the 21^st then it is 12 working days since today. Worth mentioning at all?

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.

[sergeybubka]

Re: Lowell Portfolio 1 Ltd vs. sergeybubka

[MENTION=55034]nemesis45[/MENTION]

Sorry for the tag, just anxious to get this submitted!

[nemesis45]

Re: Lowell Portfolio 1 Ltd vs. sergeybubka

Hi all,

Thanks for the advice, nem. I'm going to defend for now. Defence needs to be filed tomorrow.

I've yet to receive any documentation and I think with what they've supplied me so far it's only right to defend, with the opportunity of negotiating further down the line.

I've quickly drafted my defence at lunch today, would appreciate some guidance, particularly bits in bold.

Thanks in advance

1: I received the claim [Claim Number] from the Northampton County Court on 15/07/2016. (should I put the date the letter was delivered or the genuine date I personally received it?) Date of issue and date received.

2: Each and every allegation in the Claimant’s statement of case is denied unless specifically admitted in this Defence.

3: This claim appears to be for a [Credit Card / Loan / Catalogue Account] agreement regulated under the Consumer Credit Act 1974.

3. (a) The defendant is unable to identify the agreement from which the alleged debt arises.

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 claim fail to state when the agreement was entered into. (mention incomplete acc number?) **** Yes***

6. The Claimants statement of case states that the account was assigned from Lloyds Banking Group PLC to Lowell Portfolio 1 Ltd on 24/11/2015. The Defendant does not recall receiving notice of this assignment.

7. It is denied that Lloyds Banking Group PLC 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.


8a. Do I mention the original (‘prove it’) proof of docs letter, (which was ignored before they filed the claim) which I sent to BW (27/06/16)? ***** Yes******

8: On 20/07/2016 I sent a request for inspection of documents mentioned in the Claimant’s statement of case under Civil Procedure Rule 31.14 to BW Legal. I requested the Claimant provide copies of the [Agreement, Default Notice and Notice of Assignment]. (should I mention the response from BW here?) **** Yes you sent them the CPR request. Yes mention the response.

9. BW Legal has not sent any of these documents to me.

10. On the 20/07/2016 I sent a formal request for a copy of the original agreement to the Claimant, as well as a copy of the request to BW Legal, pursuant to sections 77-79 (?) of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with [s77 (1) / s 78 (1)] (?) Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

12. I sent the letter on the 20^th just before 9am via recorded delivery. I’m not sure when is reasonable to expect them to receive it, but if they did receive it on the 21^st then it is 12 working days since today. Worth mentioning at all? *** No Remove****

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.

See amendments, Make sure it's double space between paras, no highlighted or bold text.

nem

[sergeybubka]

Re: Lowell Portfolio 1 Ltd vs. sergeybubka

Thanks, nem. Really appreciate your help with this.

[sergeybubka]

Re: Lowell Portfolio 1 Ltd vs. sergeybubka

[MENTION=55034]nemesis45[/MENTION]
Another update on this claim:-

BW have decided to pursue the debt and I received my Directions Questionnaire last week. BW have agreed to the mediation service, however, I have yet to receive any documents from either BW or Lowell. Do you think I should agree to mediation with the aim of negotiating a settlement or should I reject and hold out for the documents? With the debt being an overdraft, does this complicate things for me? As mentioned earlier, they don't seem to know what type of agreement it is.

SB

[Kati]

Re: Lowell Portfolio 1 Ltd vs. sergeybubka

@nemesis45
Another update on this claim:-

BW have decided to pursue the debt and I received my Directions Questionnaire last week. BW have agreed to the mediation service, however, I have yet to receive any documents from either BW or Lowell. Do you think I should agree to mediation with the aim of negotiating a settlement or should I reject and hold out for the documents? With the debt being an overdraft, does this complicate things for me? As mentioned earlier, they don't seem to know what type of agreement it is.

SB

Agreeing to mediation makes you look good ... although it will not happen if you have not received all the paperwork/docs xx

[MIKE770]

Re: Lowell Portfolio 1 Ltd vs. sergeybubka

agree to mediation, they will ask have you everything you need for the case, you tell them no as documents requested have not been supplied - mediation will state mediation unsuitable and pass back to the court and report reason for them doing so

[sergeybubka]

Re: Lowell Portfolio 1 Ltd vs. sergeybubka

Hi everyone, hope you're all well.

I spoke to the mediation team earlier this month and told them that I hadn't received any documents. They told me that the case was therefore not suitable to mediation. The case is now showing as having been moved to my local court (on MCOL).

Yesterday I received a bulky letter from BW which turned out to be a full statement of the account in question. I am a bit peeved that I didn't receive this earlier, at least before mediation, but there you go. My question is, where does this leave me now? Is it worth making an offer to BW? Whilst I am keen to settle, I want a fair settlement, particularly as it means paying BW rather than the original creditor! Any advice is greatly appreciated.

[nemesis45]

Re: Lowell Portfolio 1 Ltd vs. sergeybubka

Hi,
Is there only statements no T's & C's /agreement?

nem

[sergeybubka]

Re: Lowell Portfolio 1 Ltd vs. sergeybubka

Hi,
Is there only statements no T's & C's /agreement?

nem

Hi Nem,

Yes, just a covering letter with statement of account and then the statements. No other communication on the covering letter at all.