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Hello,
First time poster but long time lurker after a bit of advice!
I received a CCJ claim form from Northampton Bulk Centre from a claim started by Lowell (issued on 22nd July 2013). The Particulars of the Claim are vague - no default date, account number and doesn't even say who the debt was originally with.
POC: The claim is for the sum of XXXX (less than £5000) in respect of monies due from the Defendant under a regulated Credit Agreement pursuant to The Consumer Credit Act 1974.
The debt was legally assigned to the Claimant and a notice of such was provided to the Defendant.
The Defendant has failed to make contractual payments in accordance with the terms of the Agreement. A Default Notice has been served upon the Defendant pursuant to Section 87 (1) of The Consumer Credit Act 1974.
The Claimant claims the sum of £XXXX which is inclusive of interest.
I think I know what it's from - a loan I defaulted on years back that has suddenly reappeared back on my credit report after dropping off, but the amount on this claim form is not the same as what's on my credit report.
After looking for advice on here, I sent a CPR 31.14 request to Lowell via Howard Cohen solicitors as they are the named contacts on the CCJ form. I asked for copies of:
1. The credit agreement
2. Copy of T&Cs at the inception of the account.
3. Default notice
4. Notice of Assignment
5. Statement of account
I sent this by recorded delivery but had not heard anything back by the time I needed to submit my defence so submitted the following online:
Defence
1.The claimants particulars of claim are vague and fail to
disclose any cause of action, they appear to be an abuse of the
process in that they fail to deal with the basic rules of pleading
in accordance with the CPR.
2.Even making allowance for the Northampton Bulk Regime the claim
fails to disclose sufficient information as required by the CPR,
there is no reference to any account number, no date of alleged
agreement, no date of alleged default or details of any default
notice served in accordance with s87 (1) Consumer Credit Act 1974,
the claim is missing vital information.
3. Without admission that any cause of action is shown by the
Claimant it is denied that the Claimant has a claim whether as
pleaded or at all.
4. No documents supporting the claims in the particulars have been
offered which the defendant needs to establish what agreement it
is that this action is based upon
5. Without clarification of the claimants claim, the defendant is
extremely disadvantaged and the claimant’s claim appears without
merit
6.Further to above the defendant is unable to plead effectively or
at all. The defendant is embarrassed
I received acknowledgement from the Court of my Defence, dated 20th August.
I later received a letter from Howard Cohen, dated 28th August, acknowledging my CPR 31.14 request and requesting extra time to locate them. They acknowledged the 5 things I had asked for and said "Please note that as a bulk issuer we are unable to store the necessary documents on site and are currently in the process of retrieving the documents requested. Therefore please accept this letter as our agreement to a general extension of time. Once we have provided you with the requested documents, we will grant you a further 14 days to submit your Defence."
Needless to say I haven't heard from them again!
Now I've received a 'Notice of Proposed Allocation to the Small Claims Track' from the Court, dated 3rd October. I'm not really sure how to proceed from here.
A couple of questions:
1. Does this Notice mean that Lowell/Howard Cohen have continued with claim with the Court despite my defence/CPR 31.14 request?
2. Should I be chasing up the fact that my CPR31.14 request has been ignored? Any who with? Lowell or OFT?
3. I'm not sure how to answer the question a bout the small claims being the right track??
Apologies for length of post! Here's a summary timeline of all letters if this helps!
22/JUL/13 CCJ claim form received from Northampton Bulk Centre.
28/JUL/13 CPR 31.14 request sent by recorded delivery to Howard Cohen
12/AUG/13 AOS submitted online - intending to defend & asking for additional time.
20/AUG/13 Defence submitted online.
24/AUG/13 Letter confirming defence received (dated 20/AUG)
01/SEP/13 Letter received from Howard Cohen (dated 28/AUG) requesting more time to respond to CPR 31.14 request.
04/OCT/13 Notice of proposed allocation to small claims received. (dated 03/OCT)
Must answer this latest letter by 21/OCT.
Any advice would be gratefully received!
Thank you
Purple Haze
First time poster but long time lurker after a bit of advice!
I received a CCJ claim form from Northampton Bulk Centre from a claim started by Lowell (issued on 22nd July 2013). The Particulars of the Claim are vague - no default date, account number and doesn't even say who the debt was originally with.
POC: The claim is for the sum of XXXX (less than £5000) in respect of monies due from the Defendant under a regulated Credit Agreement pursuant to The Consumer Credit Act 1974.
The debt was legally assigned to the Claimant and a notice of such was provided to the Defendant.
The Defendant has failed to make contractual payments in accordance with the terms of the Agreement. A Default Notice has been served upon the Defendant pursuant to Section 87 (1) of The Consumer Credit Act 1974.
The Claimant claims the sum of £XXXX which is inclusive of interest.
I think I know what it's from - a loan I defaulted on years back that has suddenly reappeared back on my credit report after dropping off, but the amount on this claim form is not the same as what's on my credit report.
After looking for advice on here, I sent a CPR 31.14 request to Lowell via Howard Cohen solicitors as they are the named contacts on the CCJ form. I asked for copies of:
1. The credit agreement
2. Copy of T&Cs at the inception of the account.
3. Default notice
4. Notice of Assignment
5. Statement of account
I sent this by recorded delivery but had not heard anything back by the time I needed to submit my defence so submitted the following online:
Defence
1.The claimants particulars of claim are vague and fail to
disclose any cause of action, they appear to be an abuse of the
process in that they fail to deal with the basic rules of pleading
in accordance with the CPR.
2.Even making allowance for the Northampton Bulk Regime the claim
fails to disclose sufficient information as required by the CPR,
there is no reference to any account number, no date of alleged
agreement, no date of alleged default or details of any default
notice served in accordance with s87 (1) Consumer Credit Act 1974,
the claim is missing vital information.
3. Without admission that any cause of action is shown by the
Claimant it is denied that the Claimant has a claim whether as
pleaded or at all.
4. No documents supporting the claims in the particulars have been
offered which the defendant needs to establish what agreement it
is that this action is based upon
5. Without clarification of the claimants claim, the defendant is
extremely disadvantaged and the claimant’s claim appears without
merit
6.Further to above the defendant is unable to plead effectively or
at all. The defendant is embarrassed
I received acknowledgement from the Court of my Defence, dated 20th August.
I later received a letter from Howard Cohen, dated 28th August, acknowledging my CPR 31.14 request and requesting extra time to locate them. They acknowledged the 5 things I had asked for and said "Please note that as a bulk issuer we are unable to store the necessary documents on site and are currently in the process of retrieving the documents requested. Therefore please accept this letter as our agreement to a general extension of time. Once we have provided you with the requested documents, we will grant you a further 14 days to submit your Defence."
Needless to say I haven't heard from them again!
Now I've received a 'Notice of Proposed Allocation to the Small Claims Track' from the Court, dated 3rd October. I'm not really sure how to proceed from here.
A couple of questions:
1. Does this Notice mean that Lowell/Howard Cohen have continued with claim with the Court despite my defence/CPR 31.14 request?
2. Should I be chasing up the fact that my CPR31.14 request has been ignored? Any who with? Lowell or OFT?
3. I'm not sure how to answer the question a bout the small claims being the right track??
Apologies for length of post! Here's a summary timeline of all letters if this helps!
22/JUL/13 CCJ claim form received from Northampton Bulk Centre.
28/JUL/13 CPR 31.14 request sent by recorded delivery to Howard Cohen
12/AUG/13 AOS submitted online - intending to defend & asking for additional time.
20/AUG/13 Defence submitted online.
24/AUG/13 Letter confirming defence received (dated 20/AUG)
01/SEP/13 Letter received from Howard Cohen (dated 28/AUG) requesting more time to respond to CPR 31.14 request.
04/OCT/13 Notice of proposed allocation to small claims received. (dated 03/OCT)
Must answer this latest letter by 21/OCT.
Any advice would be gratefully received!
Thank you
Purple Haze
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