New member seeking advice

[Rita1925]

Hi everybody,
I was advised to join LegalBeagles by a friend who told me that they got great advice on dealing with a county court claim.

I have received a county court claim from Lowell Portfolio LTD who are claiming that I have two alleged debts. One with a company called Shop Direct Financial Services for £1275.36 and another with Studio Retail Limited for £621.57. I intend to dispute both of these alleged debts as there is no way that I would run up these sort of debts as a pensioner. I have been told that Lowell Portfolio is a shoddy debt buying company who chase money from vulnerable people by bullying them with threats and county court claims, whether they actually owe any money or not, hoping that people will be frightened into making agreements with them so that they can wheedle money out of them. Shame on them.

I have so far acknowledged the claim and would really appreciate some advice in what to do next. The acknowledgement of service was received on 05/11/2021.

Do I need to send them a CPR 31.14. If so would one suffice or does it need to be one for each alleged debt.

The particulars of claim are:
1) The claim comprises the following agreements the defendant entered into:
a. Shop Direct Financial Services with reference 57250074 and current balance of £1275.36
b. Studio Retail Limited with reference 0183069163 and current balance of £621.57
The agreements were terminated as payments were not maintained and subsequently assigned to the claimant.
And the claimant claims:
a) The total of the said sums being £1896.93
b) Interest pursuant to s69 County Court Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, but
limited to one year, being £151.48
c) Costs

I would greatly appreciate advice on this as it has really stressed me out.

Regards

[echat11]

Hi Rita

You need to Acknowledge the Claim's, you can do that online which gives you an extra 14 days. So 28 days to work on your Defence.

Do you know how old the debts are?

You say 'I intend to dispute both of these alleged debts as there is no way that I would run up these sort of debts as a pensioner', what do you mean.

Nevertheless, do the following:-

a) Send, Shop Direct Financial Services and Studio Retail Limited a SAR, they have 30 days to provide all the details on the account. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

b) Send Lowell's two CCA requests, one for each debt, they have 14 days to provide the information, make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...etter-example/

c) Send Lowell's two CPR 31.14 requests one for each debt, they have 14 days to provide the information, make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...-of-documents/

Very Important to keep to deadlines, i.e. filing your Defence etc.

[Rita1925]

Hi Rita

You need to Acknowledge the Claim's, you can do that online which gives you an extra 14 days. So 28 days to work on your Defence.

Do you know how old the debts are?

You say 'I intend to dispute both of these alleged debts as there is no way that I would run up these sort of debts as a pensioner', what do you mean.

Nevertheless, do the following:-

a) Send, Shop Direct Financial Services and Studio Retail Limited a SAR, they have 30 days to provide all the details on the account. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

b) Send Lowell's two CCA requests, one for each debt, they have 14 days to provide the information, make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...etter-example/

c) Send Lowell's two CPR 31.14 requests one for each debt, they have 14 days to provide the information, make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...-of-documents/

Very Important to keep to deadlines, i.e. filing your Defence etc.

Thanks for your reply ECHAT. I can't say that I remember those two companies. I have had accounts with catalogues in the past but am sure that I have nothing outstanding. What I meant by not running up debts as a pensioner is that since I retired from work, I do not have these sort of accounts anymore.

Thank you so much for the advice. I have written the letters advised (took me hours) which I shall send first thing in the morning.
I will keep you posted.

[echat11]

Do you know how old the accounts might be?

[Rita1925]

Do you know how old the accounts might be?

Hi ECHAT, It must be at the very least 3 years since I have had those type of accounts.

[Rita1925]

Hi Rita

You need to Acknowledge the Claim's, you can do that online which gives you an extra 14 days. So 28 days to work on your Defence.

Do you know how old the debts are?

You say 'I intend to dispute both of these alleged debts as there is no way that I would run up these sort of debts as a pensioner', what do you mean.

Nevertheless, do the following:-

a) Send, Shop Direct Financial Services and Studio Retail Limited a SAR, they have 30 days to provide all the details on the account. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

b) Send Lowell's two CCA requests, one for each debt, they have 14 days to provide the information, make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...etter-example/

c) Send Lowell's two CPR 31.14 requests one for each debt, they have 14 days to provide the information, make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...-of-documents/

Very Important to keep to deadlines, i.e. filing your Defence etc.

Hi Echat.
All the above letters were sent as "signed for" deliveries on 10th November. I have received one reply back today from Overdales Solicitors. These are the solicitors acting for Lowells. The body of the letter is as follows

Dear xxxxxxxxxx

We confirm receipt of your recent letter which we received on 12 November
2021.

As you are aware we are currently managing two accounts on behalf of our
client, Lowell Portfolio I Ltd under the reference 2801520616. The balances of
these accounts have been consolidated, the details of which are below
Lowell Reference: 361566847 - Original Creditor: Shop Direct - Original
Creditor Reference: 57250074 - Gurrent Balance: €1,508.50
Lowell Reference: 368920294 - Original Creditor: Studio - Original
Creditor Reference: 0183069163 - Current Balance: 8734.91
We can confirm that we have raised a request with the original creditors for a
copy of the Agreements and Default Notices and these documents will be sent
to you in due course.

Please be advised that there is no legal requirement for assignment of debts
to be in the form of a Deed. ln most cases this is done by simple contract
(Debt Sale Agreements). Our client is under no obligation to disclose the Debt
Sale Agreements to you. These are private contracts between our client and
the original creditors, the terms of which are commercially sensitive and
confidential. No part of the Debt Sale Agreements could provide, support or
assist in any Defence you may wish to raise and you have neither need nor
right to be privy to that content.

As you are aware, a County Court Claim form was issued to you on 3
November 2021. You should respond to the Claim form, how you deem
appropriate, as per the guidance on the form.

This would have been served by the Court to the address that we have for
you on our records.
You can request another copy from the Court by:
Email : CCBC@justice.gov. uk
Telephone Number: 0300 123 1056 or 01604 619 400
END

If they claim that they received the letter on 12th November then the 14 days are up this Friday 26th November. They claim that they do not need to provide the deed of assignment but have not actually provided anything. My Acknowledgement of service on money claim is showing as received on 5th November does that mean its 28 days from then to file my defence which would be latest 3rd December. Could you please advise me on how to construct my defence as I need to get cracking with it. I can't see the documents that I requested coming within the 14 days and don't want to get caught out by not keeping to the deadlines. Hope that you can help.

[MIKE770]

deleted

[echat11]

28 days is Monday, it's 28 days from the issue date on the Claim Form (you get an extra 5 days because of post) . You only have to file the one defence for both accounts.

When they received and signed for the requests is not relevant.

You need to amend the following, if you're not sure ask. Once completed, leave it for few hours, then re-read it to check for errors. Then email it to the Court and Overdales, in the subject line write the case number that's on the claim form.

https://legalbeagles.info/library/gu...-court-claims/

[Rita1925]

28 days is Monday, it's 28 days from the issue date on the Claim Form (you get an extra 5 days because of post) . You only have to file the one defence for both accounts.

When they received and signed for the requests is not relevant.

You need to amend the following, if you're not sure ask. Once completed, leave it for few hours, then re-read it to check for errors. Then email it to the Court and Overdales, in the subject line write the case number that's on the claim form.

https://legalbeagles.info/library/gu...-court-claims/

Thanks for the advice. I have put this defence together. Could you check if it is ok. I have highlighted paragraph 13 because I feel it should be in there as I have not asked for an extension.

DEFENCE

1.The Defendant received the claim from the Northampton County Court on 4^th November 2021

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 Catalogue Account agreements regulated under section 78 of the Consumer Credit Act 1974.

4.It is neither admitted or denied that the Defendant has previously entered into agreements with Shop Direct Financial Services and Studio Retail Limited 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 Particulars of Claim fail to state when the agreements with Shop Financial Direct and Studio Retail Limited were entered into.

7.The Claimants statement of case states that the accounts were assigned from Shop Direct Financial Services to Lowell Portfolio LTD and Studio Retail Limited to Lowell Portfolio LTD. The Defendant does not recall receiving notice of these assignments.

8.It is denied that Shop Direct Financial Services and Studio Retail Limited 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.

9.On the 10^th November 2021the Defendant sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Overdales Solicitors. The defendant requested the Claimant provide copies of the Agreements, Default Notices and Notices of Assignment for both of the claims

10.Overdales Solicitors has not sent any of these documents to the Defendant.

11.On the 10^th November 2021the Defendant sent a formal request for a copy of the original agreements to Lowell Portfolio LTD pursuant to section78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

12.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.

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

15.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend her 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.

Would appreciate you comments

[echat11]

Remove claim number from post.

3. correct - claimappears to be forCatalogue Accountagreements

4.correct - deniedthat the Defendant has previouslyentered

7 correct - fromShop

8 correct - thatShop Limitedserved

9 correct - 2021the toOverdales - Change 'I' to 'the Defendant'

10 correct - Solicitorshas

11 correct - 2021the toLowell LTDpursuant

12 correct - withs 78

13 remove paragraph.

[Rita1925]

Remove claim number from post.

3. correct - claimappears to be forCatalogue Accountagreements

4.correct - deniedthat the Defendant has previouslyentered

7 correct - fromShop

8 correct - thatShop Limitedserved

9 correct - 2021the toOverdales - Change 'I' to 'the Defendant'

10 correct - Solicitorshas

11 correct - 2021the toLowell LTDpursuant

12 correct - withs 78

13 remove paragraph.

Thanks ECHAT. I have amended it. Is the defence good to go.

[echat11]

Thanks ECHAT. I have amended it. Is the defence good to go.

Yes, I think so.

[Rita1925]

Yes, I think so.

Hi ECHAT,
Thanks for the advice regarding the defence. I have now entered my defence with the county court and it has been acknowledged. I have also sent it to the claimants solicitors. What happens next?

[echat11]

Hi ECHAT,
Thanks for the advice regarding the defence. I have now entered my defence with the county court and it has been acknowledged. I have also sent it to the claimants solicitors. What happens next?

You'll receive a 'Allocation Questionnaire', that needs to be filled in and returned (a copy to the court, a copy to the Claimants solicitor).

https://www.judiciary.uk/wp-content/..._in_Person.pdf

[Rita1925]

You'll receive a 'Allocation Questionnaire', that needs to be filled in and returned (a copy to the court, a copy to the Claimants solicitor).

https://www.judiciary.uk/wp-content/..._in_Person.pdf

Hi,
This morning I have received another letter from Overdales. Not any of the information that I asked for but a letter referring to a "Directions Questionnaire". The body of the letter is as follows:

Dear xxxxxxx

We refer to the matter detailed at the side of this page.

Please find enclosed a copy of the Directions Questionnaire which we have now sent to
the Court. The Court will shortly send you your own Directions Questionnaire and
confirm a dale by which it must be returned.

We have agreed to mediation in our Directions Questionnaire which may result in
settlement without further legal action and costs. Mediation would be conducted over the
telephone by an independent mediator. lf you agree to mediation, please ensure you tick
the 'yes' box in part A1 of your own Directions Questionnaire.

lf you would like to settle this matter directly, our client invites you to put forward an
affordable settlement to us either as a single payment or by instalments. An agreed
settlement may avoid a hearing or judgment and also additional costs being added to
your debt.
We recommend that you obtain independent legal advice in order to fully understand
your rights in relation to this claim. You can instruct a solicitor of your choice or obtain
free legal advice from a Citizens' Advice Bureau or other legal advice centre.

Yours sincerely
Overdales Solicitors

I presume that I will have to wait for my copy. Will this be available on MCOL or will it be sent by letter?
Thank you for all your help.