New Claim Lowell Portfolio - Assistance Needed

[spenni331]

Hi Ladies and Gents,

I have received a claim and have acknowledged the claim giving me another 14 days to file my defence.

Details of the claim below.

Received a claim? Yes/No:YES
Issue Date: 06/02/2019
Have you Acknowledged the Claim?: Yes
Total Amount Claimed : £400
Claimant’s Name: Lowell Portfolio I Ltd
Solicitors Firm:Lowell Solicitors Ltd
Original Creditor: Capital One
Original Debt Credit Card
Particulars of Claim:

1)The defendant opened a Capital One regulated consumer account under ref XXX on the XXX ("The Agreement")
2) In Breach of the agreement, the defendant failed to maintain the required payments and the agreement was terminated.
3) The agreement was later assigned to hte claimant on the XXX and written notice given to the defendant.
4) Despite repeated requests for payment the sum of £X remains due and outstanding. And the claimant claims
a) the said sum of XX
b) interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the datre of assignment to the date of issue, accruing at a daily rate of £0.070, but limited to one year being £22.21
c) costs

Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): No
List any letters you have sent (eg: CCA/ CPR ): Stupidly not sent any yet
Any Other Information or Background Details:

My 14 days is due up on Monday, and due to personal circumstances I have failed to send out the relevant CCA/CRP to Lowell and the solicitors. Can I issue this now and file my defence on that basis?

I don't recall receiving the notice of assignment.

Any help would be most appreciated.

[charitynjw]

My 14 days is due up on Monday, and due to personal circumstances I have failed to send out the relevant CCA/CRP to Lowell and the solicitors. Can I issue this now and file my defence on that basis?
.

Yep, no problem.

& send a SAR to Cap1 for all data held by them for the relevant account.
https://legalbeagles.info/library/gu...ccess-request/

Get proof of posting & keep copies.

[spenni331]

Hi, I am looking to submit my defence as follows.

Can you let me know if that looks ok please?

In the Northampton County Court Business Centre

Claim No: F5Xxxxx

Lowell Portfolio I Ltd

Claimant

And

Rxxxxx

Defendant

DEFENCE

1.The Defendant received the claim Fxxxxx from the Northampton County Court Business Centre County Court on 11^th February 2019.

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 Credit Card agreement regulated under the Consumer Credit Act 1974.

4.It is denied that the Defendant has entered into an agreement with Original Creditor for provision of credit.

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

6.The Claimant’s Particulars of Claim states the agreement was entered into on 14/07/2016.

7.The Claimants statement of case states that the account was assigned from Capital One to Rxxxxx on 23/03/2018. The Defendant does not recall receiving notice of this assignment.

9.It is denied that Capital One 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. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.

10.On the 11/03/2019 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Lowell Portfolio I Ltd. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

11. Lowell Portfolio I Ltd has not sent any of these documents to the Defendant.

12.On the 11/03/2019 The Defendant 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.

13.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.

14.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.

15.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.

16.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his defence, and would ask that the Claimants bear the costs of the amendment.

17.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.

[Amethyst]

The Claimants statement of case states that the account was assigned from Capital One to Rxxxxx on 23/03/2018. The Defendant does not recall receiving notice of this assignment.

change to. " Capital One to the Claimant on 23/03/2018 "

[Amethyst]

Okay you're switching a bit between "The Defendant" and "I" - you want to make sure you're either talking in first or third person not both xxx


Now, para 10 and 12 I would leave the date out. As with the dates you can't really plead 11 or 13 as you're filing Defence before they received the letters - so leave date out and put it in when /if you get to witness statements.

[Amethyst]

Other than that- do you know much about this debt at all ?

[spenni331]

Ok thanks for that guys, I've checked through everything and amended I to "The Defendant" to keep it consistent.

I've also taken default notice out of point number 10 as it doesn't mention default notice in the particulars, is that OK?

Yes I do recall this debt

[spenni331]

Should I also leave point number 9? as it doesn't mention default in the particulars.