newbie

[Hybridtheory]

Hi, ive just joined. could someone please point the way to threads regarding court papers from Lowells? Ive done the acknowledgement of service and stated that i wish to defend the claim but i really am unsure of how to go about it. Tia.

[jaguarsuk]

Hi and Welcome

Use the First Steps to get the template to post all the info of the claim here. It's best we just help you along in your own thread than directing you to other threads as you'll have your own questions along the way and it keeps a nice history of the claim here then.

Your next step will be to send a letter or 2 depending on what the claim is for?

[Hybridtheory]

Received a claim? Yes/No: YES
Issue Date: 29/06/2018
Have you Acknowledged the Claim?: YES, SAID I INTEND TO DEFEND IT
Total Amount Claimed: £1352.06
Claimant’s Name: LOWELL PORTFOLIOLlIMITED
Solicitors Firm: LOWELL SOLICITORS
Original Creditor: CAPITAL ONE
Original Debt (eg. Credit card/Loan/Overdraft) : CREDIT CARD
Particulars of Claim: Please type out in full excluding names/account numbers: 1) THE DEFENDANT OPENED A CAPITAL ONE CONSUMER CREDIT ACCOUNT UNDER REFERENCE **************** 0N 05/06/2009 ('THE AGREEMENT').
2) IN BREACH OF THE AGREEMENT, THE DEFENDENT FAILED TO MAINTAIN THE REQUIRED PAYMENTSNAND THE AGREEMENT WAS TERMINATED.
3) tHE AGREEMENT WAS LATER ASSIGNED TO THE CLAIMANT ON 25/09/2014 AND WRITTEN NOTICE GIVEN TO THE DEFENDANT.
4) DESPITE REPEATED REQUESTS FOR PAYMENT, THE SUM OF £1113.02 REMAINS DUE AND OUTSTANDING. AND THE CLAIMANT CLAIMS a) THE SAID SUM OF £1113.02 b) INTEREST PURSUANT TO s69 COUNT COURTS ACT1984 AT HTE RATE OF 8% PER ANNUM FROM THE DATE OF ASSIGNMENT TO THE DATE OF ISSUE, ACCRUING AT A DAILY RATE OF £0.244, BUT LIMITED TO ONE YEAR, BEING £89.04 c) COSTS.
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): NOT SURE. ITS BEEN AT LEAST 5 YEARS.
List any letters you have sent (eg: CCA/ CPR )
Any Other Information or Background Details:

Thanks for any help you can give me guys.

[jaguarsuk]

Okay, your deadline to file your defence is 4pm on Wednesday, 1 August 2018.

You need to send a CCA Request to LOWELL PORTFOLIO LIMITED and a copy of the letter with a CPR 31.14 Request to LOWELL SOLICITORS.

In the 31.14 ask for:

1. Consumer Credit Agreement "REFERENCE **************** 0N 05/06/2009 ('THE AGREEMENT')."
2. "WRITTEN NOTICE GIVEN TO THE DEFENDANT" of Assignment.

[Hybridtheory]

Thank you, much appreciated. Do i just wait for their reply now?

[jaguarsuk]

Thank you, much appreciated. Do i just wait for their reply now?

Yes or the defence deadline, which ever comes first.

Take a look at the Example Defence and draft a first draft of yours, you don't want to be doing it at the last minute.

[Hybridtheory]

Hi again. Unless documents come in the post tomorrow, Lowells have not complied with sending me any documents. I have looked at the example defence and have done a rough draft. However, im not sure which of the points to include. If i state that they havent provided me with any documents and that i dont recall receiving notice of assignment of the debt from them, is that enough for a defence? Sorry to be a pain, im new to this.

[Amethyst]

Sounds like you can just use everything in the draft - including the statute barred ( and let them evidence otherwise )… feel free to post a draft up before sending it ( leave off personal details )

[Hybridtheory]

Thank you so much, ill do that.

[Hybridtheory]

defence document.doc
Ive filled out the defence, amending it as needed. In section 11, which option to I chose? S77 (1) or S78 (1)? Ive also admitted in section 4 that I did originally owe the debt to Capital One. Should I leave that as it is or deny I ever owed it? TIA.

[Mcilrarth]

Hi there!

[Hybridtheory]

Hi. I received this in the post yesterday along with a copy of the notice of assignment. Lowells are trying to get hold of the original agreement-are they usually successful in doing so does anyone know?
Picture wont upload but the letter says:

"We note the contents of your defence and enclose a copy of the Notice of Assignment as requested.

Our client has requested documents in support of our claim, we will forward these onto you upon receipt.

Whilst we endeavour to provide evidence of the debt as soon as possible, you will appreciate this is dependent upon receipt of the information from the original creditor.

Our client will not be bearing the costs if you file an amended Defence, the legal proceedings and claim has been issued by adhering to the rules and procedures.

We now invite you to contact us with any payment proposals you may have to settle this account.

Please a;so note, as you have entered a defence, you are required to respond to any Court correspondence that is sent to you.

Should you be unclear on any of the above, we recommend that you seek free independent legal advice from your local Citizens Advice Bureau or consult a firm of solicitors of your choosing."

[MIKE770]

jaguarsuk

[jaguarsuk]

Pretty standard fayre, they can go whistle if they think you'll be making any proposals to pay and they will be bearing costs if you have to amend the defence as filing the claim without already having the necessary documents is abuse of process.

Respond to court documents quickly as you want to move things along as quick as you can to give them the least amount of time to get the documents possible.

[Hybridtheory]

Thank you so much JaguarsUK, thats made me feel more confident. Appreciate that.