** DISCONTINUED ** Lowell Portfolio/Argos Card Services

[pt2537]

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.

Then their claim is defective, im not sure the advice above is what i would have given, as the ruling today shows the Courts will not allow cases to plod along with crap pleadings if the Defendant takes action then the Courts will respond.

I have now applied for judgment on a lot of cases, ive lost count, and so far they have all ended badly for the Claimants

[MasterCoder]

pt2537

The particulars of claim are as follows:

1. The defendant opened an Argos Card Services regulated consumer credit account under reference xxxxxx on xx/xx/2011 ('the agreement')
2. In breach of the agreement, the Defendant failed to maintain the required payments and the agreement was terminated.
3. The agreement was later assigned to the claimant on xx/xx/2016 and written notice given to the defendant
4. Despite repeated requests, the sum of £xxx remains due and outstanding and the claimaint claims:
   1. The said sum of £xxx
   2. Interest at £xx
   3. costs

They do state termination but make no mention of the default notice. Not sure if that's pertinent. I think it might be

In your opinion then, should I follow the course I am taking presently or adjust it. If I am to change tactic, how would you tackle this>?

EDIT***

pt2537 - I've just read your blog post from July. That is an incredibly interesting post and probably important to most people receiving claims. I've had 2 in the last couple of years that have both failed to mention the default notice in their particulars of claim.

In my case, I suspect I am too late to apply for a summary judgement on the basis that their case is defective since I have to submit WS to the court and the claimant by the 14th. Could I mention it in my witness statement though? Or use it if I go to court? I'm worried that if I rely on the WS i've made, I'll not be able to plead this should it get before a DJ

[MasterCoder]

I'm going to post my WS to Lowell and the court today. Obviously I am disappointed to find that I had an opportunity to strike out the claim because of defecting pleading on the part of LS but I am wondering...would it be possible to file the WS so I'm not in breach of the courts orders and then request the claim is struck out on the basis of LS lodging a defective claim after; I presume that I wouldn't get a court date for months anyway.

Or in other words, once I have submitted the WS am I bound to continue on that path with the defence I lay out or can I change course?

Help is most appreciated

[MasterCoder]

So the post has been, still no sign of the Witness Statement from Lowell Solicitors and the courts directions stated that these should be with the court and the other party by 4pm today. They could in theory have it sent by special delivery before 6pm but I live in the middle of nowhere and I've never had post past 2.30pm

Do I need to email the court to inform them that they haven't sent me a Witness Statement.

I can see mine were received by the court and LS this morning.

[Amethyst]

I would inform the court tomorrow that you have not received the Witness Statement. When was the hearing fee due to be paid by ? ( usually tells you in the same letter as the one informing you of hearing date and to exchange documents )

[MasterCoder]

Hi Amethyst, There actually isn't anything about the hearing fee. The directions are for Witness Statements and that the hearing fee will be decided later.

It's annoying because I've previously had a default CCJ applied to me for not sending a WS on time but it seems that these sharks as the claimants can get away with not following court directions.

I'll email the court anyway and let them know

[MasterCoder]

Update on this. I emailed the court to tell them that I still hadn't received a Witness Statement from Lowells and they have emailed me back pretty sharp.

Lowell sent a Notice of Discontinuance to the court yesterday and the file has been just updated. Should probably receive a letter from Lowell advising the same along with one from the court. Amethyst you might want to update the title on this one too!

So relieved!!!

Thanks again to all who have helped

[Amethyst]

Nice one ! Congratulations.... I shall amend the title accordingly