Lowell / Overdales - Urgent help filing defence

[Chillibeat20]

Received a claim? Yes

Issue Date: 21/09/2023

Have you Acknowledged the Claim?: Yes – defend in full

Total Amount Claimed : £1100 (£1250ish with fees)

Claimant’s Name: Lowell portfolio

Solicitors Firm: Overdales Solicitors

Original Creditor: Next Credit Account

Original Debt (eg. Credit card/Loan/Overdraft): Online Shopping Account


I have received a claim form from Northampton county court, I acknowledged the claim and sent a CCA and CPR off. I have since received the Credit Agreement, all looks ok but unsure what I’m looking for in anomalies, can send copies if needed but what they’ve sent me does show things like interest rate, apr p.a, my name, account number etc but isn’t physically a signed copy from me as it was an online account.

They have also sent a copy of the default notice dated march 2020. Along with statements from the account, I must say a lot of the items purchased are not recognised but these are dating back to 2015 so it’s a bit difficult to recall all items that I had bought, although seems to be several womens clothing items (and I’m male)

Need a bit of advice on what to do next please? I need to file my defence by 19^th Oct 2023 (not including the additonal 5 postage days – only 28 days from date on claim)

What are my options? Contact them to try and settle prior to a court date? File defence and wait to see what happens?

Any advice very much appreciated please!

[echat11]

Hi Chill

Welcome to LB

You missed out what it says in 'Particulars of Claim'. Can you post that without Ref. numbers.

When was the account opened?

When was the last payment made on the account?
Has the debt been acknowledged in the last 6 years in writing?

Has the agreement been 'varied?' i.e. interest rate increased, etc.

[Chillibeat20]

echat11 Hi, thanks for the quick response!

Particulars of claim:

The claim is for the sum of £1020 due by the defendant under an agreement regulated by the consumer credit act 1974 for a Next account with an account reference of XXXXXX. The defendant failed to maintain contractual payments required by the agreement and a Default Notice was served under s.87 (1) of the Consumer Credit Act 1974 which has not been complied with. The Debt was legally assigned to the claimant on 30-06-21, notice of which has been given to the defendant. The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annul from the date of assignment to the date of issue of these proceedings in the sum of £80ish.
The claimant claims the sum of £1100.

Account was opened: 05/2015

Last payment Mae on the account was: 17/10/2019

No acknowledgement of the claim at all in writing or any phone calls made to Lowell etc since they bought the debt

I can't see anything in the statements about interest rates increasing but the CCA states that both the interest rate and the APR are both 24.99% (Variable)

Hope that helps!

[echat11]

echat11 Hi, thanks for the quick response!

Particulars of claim:

The claim is for the sum of £1020 due by the defendant under an agreement regulated by the consumer credit act 1974 for a Next account with an account reference of XXXXXX. The defendant failed to maintain contractual payments required by the agreement and a Default Notice was served under s.87 (1) of the Consumer Credit Act 1974 which has not been complied with. The Debt was legally assigned to the claimant on 30-06-21, notice of which has been given to the defendant. The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annul from the date of assignment to the date of issue of these proceedings in the sum of £80ish.
The claimant claims the sum of £1100.

Account was opened: 05/2015

Last payment Mae on the account was: 17/10/2019

No acknowledgement of the claim at all in writing or any phone calls made to Lowell etc since they bought the debt

I can't see anything in the statements about interest rates increasing but the CCA states that both the interest rate and the APR are both 24.99% (Variable)

Hope that helps!

Check your statements to see if the APR has been 'varied'.

If you haven't got statements, send the original creditor a SAR request. Make sure you get Proof of Postage.

https://legalbeagles.info/forums/for...ess-statement/

I suggest filing your Defence,(we can help with this), once you file your Defence, they have 28 days to respond to it, then both parties are sent a Directions Questionnaire by the Court, you'll be asked if you want Mediation.But lets see what they say regarding your Defence.

[Chillibeat20]

echat11 Hi there,

I'm trying to prepare my defence to get it submitted today but I'm really confused. Which link is the best one to use as my template based on the ones you've posted?

Can you advise please?

Thanks!

[Chillibeat20]

echat11 I do have the statements and cant see any mention of them saying anything about varied within them so I assume they are not varied.

[echat11]

This is an example Defence you can amend.

Have a go at it, then copy / paste it back to this thread. Then I'll provide details so you can email it to the Court today.
Then post a copy to Overdales, make sure you get Proof of Postage.

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

[echat11]

echat11 I do have the statements and cant see any mention of them saying anything about varied within them so I assume they are not varied.

Leave for the time being, but you check later, once I provide more info.

[Chillibeat20]

Thanks echat11 , see my drat below (will update dates / specifics before its sent)


In the Northampton County Court Business Centre

Claim No: [XXXXX]

Lowell Portfolio I Ltd

Claimant

And

[XXXXX]

Defendant

DEFENCE

1.The Defendant received the claim [XXXX] from the Northampton County Court on XX/09/2023

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 Next agreement regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has previously entered into an agreement with Next 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 [fail to state when the agreement was entered into. (ALTHOUGH IT DOES STATE WHEN IT WAS ASSIGNED TO LOWELL/CLAIMANT, DO I NEED TO MENTION THIS ON THIS LINE?

8.The Claimants statement of case states that the account was assigned from Next to Lowell Portfolio I Ltd on XX/06/2021. The Defendant does not recall receiving notice of this assignment.

9.It is denied that Next 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.
(ON THIS POINT, LOWELL/OVERDALES HAVE SENT ME A DEFAULT NOTICE DATED 03/2020 WHICH COULD HAVE BEEN TO AN OLD ADDRESS, BUT THE ONE THEY HAD ON THE ACCOUNT AT THE TIME)

10.On the 05/10/2023 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Overdales Solicitors, I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

12.On the 05/10/2023 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.
(LOWELL SENT ME THE REQUESTED DOCS DO I REMOVE THIS?)

The Defendant have asked the Claimant if we may agree to extend the time period allowed for filing of the defence pending receipt of documents (as allowed under CPR 15.5), but they have declined. [The Parties agreed to an extension to the time period allowed for filing of the defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.]
15.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.
(LOWELL SENT ME THE REQUESTED DOCS DO I REMOVE THIS?)

16.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.
(LOWELL SENT ME THE REQUESTED DOCS DO I REMOVE THIS?)

17.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.
(LOWELL SENT ME THE REQUESTED DOCS DO I REMOVE THIS?)

18.It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

[I believe][the (claimant or as may be) believes] that the facts stated in this [name document being verified] are true. I understand] [The (claimant or as may be) understands that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed ________

Dated ________

[echat11]

In the Northampton County Court Business Centre

Claim No: [XXXXX]

Lowell Portfolio I Ltd

Claimant

And

[XXXXX]

Defendant

DEFENCE

1.The Defendant received the claim [XXXX] from the Northampton County Court on XX/09/2023

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 Catalouge Account regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has previously entered into an agreement with Next 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 fail to state when the agreement was entered into.

7.The Claimants statement of case states that the account was assigned from Next to Lowell Portfolio I Ltd on XX/06/2021. The Defendant does not recall receiving notice of this assignment.

8.It is denied that Next 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 05/10/2023 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Overdales Solicitors, I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

10.On the 05/10/2023 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.

11.The Claimant has failed to comply with s 77 (1) Consumer Credit Act 1974 and by virtue of s77 (4) Consumer Credit Act 1974 cannot enforce the agreement.

12.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.

13.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.

14.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.

15.It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

I believe the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed ________

Dated ________

a) Regards Default Notice - they might of sent one, but you weren't at your old address, so did not receive it.

b) Regarding point (11), you don't now whether it's compliant or if the agreement has been 'varied', so until you can confirm those, it's best to state they haven't been complied with. The Creditor might comeback and say they sent everything, but don't worry, just update the thread.

Try to keep on top of the case.

Read through the Defence below, make sure it's correct. I've removed the limitation / extension paragraphs as they don't apply.

Email the Defence to the Court as an attachment.

Email it to: ccbcaq@justice.gov.uk (you should get an automatic email from the Court acknowledging that they have received it)

In the email subject line write - Claim No: XXXXXXXXX - DEFENDANTS DEFENCE - XXXXXXXXXXX V XXXXXXXXX

Remember to post a copy to their solicitors, make sure you get Proof of Postage.

[Chillibeat20]

echat11 Thanks very much, what is supposed to go here in the subject line of the email?

DEFENDANTS DEFENCE - XXXXXXXXXXX V XXXXXXXXX


I've added a line before 1. stating I XXXXXXXXXX of XXXXXXXXXX address XXXXXXXXXX being the Defendant in this case will state as follows;
let me know if that should be removed but going from the guide it says it should start like that...


Will email to court and post to solicitors (with proof) once the above is confirmed, and then will update you once I hear back.

Thanks again, can't express how grateful I am so far!

[echat11]

a) CLAIM NO: 123456 - DEFENDANTS DEFENCE - CREDITOR NAME v YOUR NAME


b) If you want to add it, it's fine, but not needed -

I've added a line before 1. stating I XXXXXXXXXX of XXXXXXXXXX address XXXXXXXXXX being the

[Chillibeat20]

echat11 Thanks, sent off by email and got the receipt to confirm it had been received. I will be sending it off to the solicitors first class signed this morning.

May be a stupid question but I no longer need to log into the court portal and do anything there do I? Or does my email defence confirm I met the timelines.

Thanks

[echat11]

echat11 Thanks, sent off by email and got the receipt to confirm it had been received. I will be sending it off to the solicitors first class signed this morning.

May be a stupid question but I no longer need to log into the court portal and do anything there do I? Or does my email defence confirm I met the timelines.

Thanks

No, you don't need to do anything with the portal now.

They have 28 days to respond to your Defence.

The information requested should be sent to you, keep an eye out for that.

Wait to see what their position is, then you can decide what to do.

The normal course if the case continues.
The Court send a Directions Questionnaire.
You might have the option of Mediation (30 minutes).
If it's not resolved, you exchange Witness Statements.
Then a Hearing. But the Court will let you know what's going on.

[Chillibeat20]

echat11 thanks again, will update here when I hear anything!