Lowell's CCJ claim

[Emlewuna]

Or do we just still defend with, they haven't provided their information so they've got to prove it?

[Emlewuna]

A little update, I did have a debt management plan after leaving the forces and being unable to get work, so took out a debt management plan, which included the Tesco loan, the last payment in 2018 was part of that. Unsure what happened though why my payments stopped.*
Unsure what to do now, I just think I'll end up getting a ccj as now more than ever, I have no money to come to any agreement as awaiting UC which will only cover our priority debts.
I didn't know about any arrears as the letters were going to an old address.*
Feels like the odds are stacked against us a bit now.

[Emlewuna]

Can anyone else help with this?

[Emlewuna]

jaguarsuk I've not heard anymore from Lowell's yet, should I defend the claim still do you think?
ostell I know you haven't advised on this post but I've seen you active recently and thought you might have some advice?
many thanks

[Emlewuna]

MIKE770 I'm sorry to tag you in this, I've just seen you give some advice on other posts and would appreciate any advice you could give me on my situation?
I am about to write my defence as jaguarsuk suggested as Lowell's havent come up with any of the documents that I requested even though a Tesco have provided them.

[Emlewuna]

I have written my defense, could someone please look at it?
the only thing I wasn't sure of if what green bits to delete in point 12 on this whether it is section 77 or 78, point 13 section 77 (1) or 78 (1) and the virtue of s77 (4) / s78 (6)
also, do.i have to put the particulars of the claim in, I took that section out because it only said about entering into an agreement and the claim does say that and the date?
1.The Defendant received the claim ******* from the Northampton County Court Business Centre on 14th of March 2020.
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 Loan agreement regulated under the Consumer Credit Act 1974.
4.It is denied that the Defendant has entered into an agreement with 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 Claimants statement of case states that the account was assigned from Tesco Bank to Lowell Portfolio I Ltd on The Defendant does not recall receiving notice of this assignment.
9.It is denied that Tesco Bank 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 18th of March 2020 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Lowe. I requested the Claimant provide copies of the Agreement and Notice of Assignment.
11. Lowell Solicitors has not sent any of these documents to the Defendant.
12.On the 18th March 2020, The Defendant sent a formal request for a copy of the original agreement to Lowell Portfolio I Ltd pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.
13.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.
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

[Emlewuna]

Anybody that could have a look at this for me?
jaguarsuk?

[Emlewuna]

MIKE770 Amethyst Celestine I am sorry to tag you and I know this is a difficult time for everyone, could you please look over my defence and answer my questions on the post.
my defence is due tomorrow at 4pm and I want to make sure its correct.
I've seen you have helped some others on other similar posts. I am panicking now and so far everyone jaguarsuk has been helpful but they haven't been online for a while?

I really appreciate any help

[Celestine]

Morning - if its a loan account it is s.77 (credit cards are s.78)
Your defence looks fine, what is the deadline for filing it?.

As Jaguars said in an earlier post, you can wait and see what documents they produce. In the SAR from Tesco - did the default notice turn up?
(Just need to know otherwise your defence will need amending)

If Lowell produce the correct documents and you decide settlement is the way forward, then you can contact Lowell and set up a repayment plan. They will cease the court claim but will require you to sign a Tomlin Order which would mean the claim would restart if you did not pay the account.

[Emlewuna]

Morning Celestine,
thank you very much for getting back to me.
I have just looked again, there are pages that read about being behind with payments but nothing that specifically says the account has defaulted. I wasn't making full payments and these letters are stating that they will send me notices about this every 6 months.
But no default notice whatsoever.
I rang Lowell to see what the payment plan would be to stop court action and they said £206 a month over 9 months which, as I'm now out of work is not doable at all.
I'll amend my defence and repost asap.
deadline is tomorrow at 4pm

[Celestine]

pt2537 Some nice wording on lack of default notice would strengthen this defence

Emlewuna - Lowell should not be trying to force you into an unaffordable payment plan 'to stop court action', you should offer to do a income/expenditure to show your actual available income.
In any event, without a default notice, there is an issue to addressed.

[Emlewuna]

I did the calculator on their website as normally we can afford to pay probably about £20 a month, that's if I don't get any overtime.
Well they definitely have, on a phone call to them they said my options were;
1) their payment plan which was £206.06 a month for 9 months given the current climate
2) admit the CCJ, I'll get a CCJ and it would be upto the court what I could pay
3) don't do anything, get the CCJ and possibly face collection from bailiffs etc

I then said, 'or I could defend.' And the woman said, 'well yes you could' said 'well I have put that anyway on my acknowledgment' and she said 'can I ask you on what ground you plan to defend?'
I said 'I'm keeping that to myself thank you very much'
the bloody cheek!

Just updated my defence now, uploading it shortly.
What can I to expect to happen after I file my defence?
What are the usual timeframes on things?

[Emlewuna]

In the Northampton County Court Business Centre
Claim No:

Lowell Portfolio I Ltd
Claimant
And

***** *******
Defendant
DEFENCE
1.The Defendant received the claim ******* from the Northampton County Court Business Centre on 14th of March 2020.
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 Loan agreement regulated under the Consumer Credit Act 1974.
4.It is denied that the Defendant has entered into an agreement with 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 Claimants statement of case states that the account was assigned from Tesco Bank to Lowell Portfolio I Ltd on The Defendant does not recall receiving notice of this assignment.
9.It is denied that Tesco Bank 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 18th of March 2020 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 Solicitors. I requested the Claimant provide copies of the Agreement and Notice of Assignment.
11. Lowell Solicitors has not sent any of these documents to the Defendant.
12.On the 18th March 2020, The Defendant sent a formal request for a copy of the original agreement to Lowell Portfolio I Ltd pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.
13.The Claimant has failed to comply with s77 (1) Consumer Credit Act 1974 and by virtue of s77 (4) 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.

[Emlewuna]

Morning, just doing a quick bump to see if I need to change anything before I submit my defence at exactly 3.59pm this afternoon? lol

[Celestine]

Couple of corrections/queries. yes by 4pm
DEFENCE

1.The Defendant received the claim ******* from the Northampton County Court Business Centre on 14th of March 2020.

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 Loan agreement regulated under the Consumer Credit Act 1974.

4.It is

denied (is it?)

that the Defendant has entered into an agreement with

Tesco Bank?

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 Claimants statement of case states that the account was assigned from Tesco Bank to Lowell Portfolio I Ltd on The Defendant does not recall receiving notice of this assignment.

9.It is denied that Tesco Bank 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 18th of March 2020 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 Solicitors. The Defendant requested the Claimant provide copies of the Agreement and Notice of Assignment.

11. Lowell Solicitors has not sent any of these documents to the Defendant.

12.On the 18th March 2020, The Defendant sent a formal request for a copy of the original agreement to Lowell Portfolio I Ltd pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.

13.The Claimant has failed to comply with s77 (1) Consumer Credit Act 1974 and by virtue of s77 (4) 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.