** DISCONTINUED ** Lowell Portfolio/Argos Card Services

[MasterCoder]

Lowell have responded to the letter I sent as advised.

Their response states that they have requested the relevant documentation from the original creditor but they are unable to control the time within which they receive a response from their client. They of course deny receiving the response to the LBC.

Since the documentation hasn't been provided, (and given previous correspondence from the OC won't be), I am assuming this will be the crux of my defence, perhaps even asking the court to strike out the claim since they have failed to provide documentation?

Also, their letter states "Our client does not accept or recognise your correspondence as a legal notice and does not accept the fee schedule in your letter" - this is confusing. I've sent a CPR letter to the solicitors and a CCA letter to Lowell. What are they saying exactly?

Advice as always is appreciated.

[MIKE770]

trying to say possibly a letter from the old Get out of debt for free site, lowells need to be careful here as they are indicating events possibly not true. i.e. one letter covers all senario

[MasterCoder]

They're a right shower, I know that much.

I had an inkling they might be trying to say that the letters I've sent aren't valid, legal documents and therefore attempting to negate any obligations or responsibilities that they are expected to accept/perform as a result of the request. The only other letter that went to Lowell was a CCA request, (which they're yet to respond to), and I know for a fact that's a perfectly valid request.

It was the 'fee schedule' that they mention that completely threw me...I don't think I have mentioned one!

[MasterCoder]

Morning All

Just need some advice on how to proceed if anyone can chime in.

So I've had no response from Lowell or their solicitors to either the CCA request, (now past 12+2 days and I've got proof of delivery), and they've failed to comply with the CPR request either in pre-action or with the follow up request after the claim.

Not sure how to proceed now. Amethyst suggested that I could try and strike out the claim for non-compliance so that's an avenue I'd like to explore.

Do I make this request to strike out when I file my defence? As I've mentioned previously, the OC have confirmed they can't find the documents so the likelihood that Lowell will turn these up from them is next to none. It's also why Lowell have failed to provide documentation when asked in the past.

Any help would be appreciated.

[charitynjw]

Morning All

Just need some advice on how to proceed if anyone can chime in.

So I've had no response from Lowell or their solicitors to either the CCA request, (now past 12+2 days and I've got proof of delivery), and they've failed to comply with the CPR request either in pre-action or with the follow up request after the claim.

Not sure how to proceed now. Amethyst suggested that I could try and strike out the claim for non-compliance so that's an avenue I'd like to explore.

Do I make this request to strike out when I file my defence? As I've mentioned previously, the OC have confirmed they can't find the documents so the likelihood that Lowell will turn these up from them is next to none. It's also why Lowell have failed to provide documentation when asked in the past.

Any help would be appreciated.

Imho, going for a strike-out can be a bit risky.
If the court think that they have enough of a legitimate right to a claim (it doesn't need to be 100%) then it could be argued that a hearing is the best way to sort out the wheat from the chaff.
& you'd lose your app fee.
If it were me I'd just continue as is.
*They can't enforce while they are non compliant with your CCA request, so in all probability the case will be stayed.
You would then be in a much stronger position to force their hand.

*Naturally your defence will include their (& the original creditor's) inability to produce documentation.

[MasterCoder]

Thanks, charitynjw I'm going to write my defence up today. Would you mind giving it the once over for me?

[charitynjw]

Thanks, charitynjw I'm going to write my defence up today. Would you mind giving it the once over for me?

No probs.

[MasterCoder]

Thanks charitynjw

Here's my first draft. Any pointers would be useful.

1.The Defendant received the claim [Claim Number] from the Northampton County Court on 17/04/2019

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 store card agreement dated xx/xx/xx between Argos Card Services and the defendant, regulated under the Consumer Credit Act 1974.

4.The Claimants statement of case fails to give adequate information in order to enable the defendant to properly assess their position.

5. The defendant received a Letter Before Claim from the claimant’s solicitors on the 11^th March 2019. The same day, I responded to this letter, as per pre-action protocols, requesting relevant information including the Agreement, Notice of Assignment and Default Notice.

6. On 11^th March 2019, upon receipt of the Letter Before Claim from the claimant’s solicitors, I made a Subject Access Request to Argos Card Services for any information they held about me, including copies of credit agreements, statements, default notices and notices of assignment.

7. On 2^nd April 2019, I received a response to my SAR request from Argos Card Services. This bundle of documents contained some statements but failed to include all required documentation. In particular, Argos Card Services have stated in their response that they cannot locate a copy of an agreement form for the account mentioned in the Claimants statement of case. The document bundle is also missing the default notice and any notices of assignment naming the claimant as the owner of the alleged debt.

8. On the 17^th April, I received the claim form despite making a legitimate request under pre-action protocols to see the documentation required to enforce any action.

9. On the 18^th April 2019, upon receipt of the claim form, 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, Default Notice and Notice of Assignment.

10. Lowell Solicitors has not sent any of these documents to the Defendant but have confirmed they are asking the original creditor for the relevant documentation with the caveat that they cannot give a timescale for compliance.

11. On the 18^th April 2019 The Defendant sent a formal request for a copy of the original agreement to Lowell Portfolio Ltd pursuant to section 77/78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

12.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.

13. The Defendant has 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.

14.The Claimants statement of case states that the account was assigned from Argos Card Services to Lowell Portfolio Ltd on 09/02/2016. The Defendant does not recall receiving notice of this assignment.

15.It is denied that Argos Card Services 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.

16.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.

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

18.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.


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

I'm off to make another post about his lot now too but help would be appreciated.

[charitynjw]

Imho, that seems good to go.

[MasterCoder]

Great. I'll submit it tonight Thanks for the review

[MasterCoder]

Hi All,

Been hectic lately.

Quick update/question: I've had nothing from the court other than a letter saying the acknowledge defence but Lowell Solicitors have sent me a completed directions questionnaire? Do I need to phone the court? Or are they just being presumptuous. They've still not responded to my CCA request either.

As usual, all advice appreciated

MC

[Amethyst]

They're being presumptuous however usually means you'll get a DQ from the court within a couple weeks - so if you haven't then yes, give court a call and ask them the status of the claim - just in case something goes awry.

[MasterCoder]

Hi everyone, hope all are well.

I was hoping Amethyst or someone else can take a look at the following witness statement. Got back off holiday and found a letter stating it had to be sent to the court and the claimant by the 14th October. I've still not received any documents from Lowell.

I, MasterCoder being the Defendant in this case will state as follows;

1. I make this Witness Statement in support of my defence in the claim.
2. This claim is for a consumer credit account agreement dated xx/xx/2011 between Argos Card Services and the defendant which is regulated under the Consumer Credit Act 1974.
3. On the 11^th March 2019, I received a formal ‘letter before claim’ from the claimants’ solicitors, (Lowell Solicitors), giving me 30 days to respond. As required, I responded to their letter immediately disputing their claim and making requests for documentation specifically the requesting the agreement, the notice of assignment and the default notice.
4. On the 11^th March 2019, I also made a Subject Access Request, (SAR), to Argos Card Services for any information they held about me including copies of credit agreements with accompanying terms and conditions, notices of assignment, default notices and statements.
5. On the 2^nd April 2019, I received a response to my SAR from Argos Card Services. The document bundle contained some statements but failed to include the pertinent documentation. Argos state in their cover letter, ( that they have sent all copies of documents on file but cannot locate a copy of any credit agreement for the purported account. They also failed to include copies of a default notice or any notice of assignment designating the claimant as the owner of the alleged debt.
6. On the 17^th April, despite responding to the letter before claiming and making a legitimate request under pre-action protocols to examine documentation required to enforce any action, I received a claim form from the Northampton County Court Business Centre.
7. In response to the claim form, on the 18^th April 2019 I sent a request to the claimants’ solicitors for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14. I requested they provide copies of the Agreement, Default Notice and Notice of Assignment.
8. On the 18^th April 2019 I also sent a formal request to the claimant, Lowell Portfolio Ltd, pursuant to section 77/78 of the Consumer Credit Act 1974 along with the statutory fee of £1
9. On the 2^nd May 2019, I received a letter from the claimant’s solicitors acknowledging my request for documentation under civil procedure riles, stating that they were requesting the documentation from the original creditor but could not give a timescale for compliance.
10. I have never received an acknowledgement to the CCA request from Lowell Portfolio.
11. To date, neither the claimant nor their solicitors have provided the documentation requested. The claimant has therefore failed to comply with s78(1) of the Consumer Credit Act 1974 and by virtue of s78(6) of the Consumer Credit Act 1974 cannot enforce the agreement.
12. I have never been served a termination or default notice pursuant to s87 of the Consumer Credit Act 1974 in respect to the agreement dated xx/xx/2011.
13. I have consistently asked the claimant and their solicitors to provide copies of such documentation and no copies of this have been forthcoming. The claimant is required by law to prove that not only was a default notice served, but the notice complied with the requirements of s.88 (4A) of the Consumer Credit Act 1974 and was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Regulations 1983.
14. The claimant is also required to provide full details to demonstrate how the sum of £370.82 has been calculated and must prove it is legally owed under the agreement dated xx/xx/2011.
15. I believe the facts stated in this witness statement are true.

I think I've covered most of it, but any help would be greatly appreciated.

MC

[pt2537]

Ok have lowells mentioned a defautl notice in their claim, if not then you may find t his tweet which i will blog about later of interest https://twitter.com/Pt2537/status/1181883082930098177

[MasterCoder]

No they haven't mentioned a default at all in their statement of case! This is interesting. The original creditor also didn't provide a copy in the SAR despite stating they sent all correspondence that would have been sent.