Lowell Count Court Claim

**R0b** · 24th August 2016, 08:51:AM

Re: Lowell Count Court Claim

My first suggestion would be to not listen to anything Get out of Debt says anymore. The 3 letter rule is useless and is of no effect at all, it will not prevent the Vanquish obtaining a judgment and will make you look a bit silly in front of the judge.

Some questions that need answering to help further:

- Have you received a Court claim form from Lowell or have they simply sent you letters?

- Please can you provide a copy of the N244 form you sent to court? The EX160 is help with fees if you can't afford to pay it, I am assuming you didn't pay the £255 application fee for the N244? If you haven't do not pay it until we have worked out what mess you have got yourself into.

- It would also be helpful if you could provide us copies of the letters from Lowell (all personal info removed)

You can upload photos by clicking on the Go Advanced button and there is a paperclip option, or you can go to postimage.org, upload and provide the thumbnail link for forum.

**MrsMouse** · 24th August 2016, 13:27:PM

Re: Lowell Count Court Claim

Hi Rob
Thank you for replying. I'm really stressed because we are due to go for a fortnight's holiday from 3rd - 15th September 2016 and we will be without internet for most the part. Its very remote.

Anyway, I actually had notification from the Northampton Court and I filled in the bottom slip stating that I acknowledged receipt and wanted to defend myself for the total amount.

I have just been fighting my new printer scanner to work out how to get the file sizes required and attach 2 letters off Lovell (Lowlife), 1 letter from the court and my witness statement for the N244. Not sure if you needed anything else. It didn't seem to want to accept anymore.

With regard to the EX160, I have printed it out, but as usual there is that section that asks what benefits you are on. I am disabled, unable to work as I cannot tell what I will be like from morning to afternoon, never mind day to day. Can't move some days, can't think or stay awake or focus others.. Bit rubbish really. I am receiving PIP only, which makes things interesting when filling in any forms in because it is not a benefit and is tax free. My hubby is on minimum wage and we are receiving tax credits whilst also trying to explain to the council that they have overestimated his monthly income and we use separate rooms due to my disability and his sleep disorder.

My main concern is that I am unsure whether Lowlife want a response within 14 days of their letter (working days I assume) or 14 days of the documents being issued to me from Vanquis. If it is the former then I only have 2 days before they steamroller me.

Hope this helps and look forward to hearing from you, even if it is to tell me its a load of crap I've been told to issue to the court.

Attached Files

Application Notice Attachments.doc (29.0 KB, 1 view)

**R0b** · 24th August 2016, 13:47:PM

Re: Lowell Count Court Claim

Have you submitted a defence to court? As I calculate, it should have been submitted 2 days ago. If you have not done that then you need to get onto it double pronto before they file for default judgment and you owe the money.

Also your personal info is on the first letter, I'll ask [MENTION=49370]Kati[/MENTION] to change if she has time.

I suggest you look at this link, start drafting your defence and post it up and we can try and submit something before end of today/tomorrow. Do you know what the agreement is related to and whether that amount is correct or whether it might be statute barred?

http://legalbeagles.info/forums/show...t-Court-Claims

**Amethyst** · 24th August 2016, 14:02:PM

Re: Lowell Count Court Claim

I've sorted the letters [MENTION=23709]rob[/MENTION], thank you xxx

This seems to be a standard credit card claim for a Vanquis Card, approx £1.5k, and a CCA request has been sent with £1, and no agreement has been sent to you.

I think I'd like to check the GOODF CCA request doesn't have any FMOTL rubbish in it, so if you can link me to that or post a copy of the letter that'd be good.

[MENTION=90139]MrsMouse[/MENTION] Do you have a link to your thread on GOODF, just so we can see a bit of background to enable us to help you better.

App seems to be for compliance with CPR 18 and the CCA s.78 request.

So we'd need to know what you asked for in your Part 18 as it doesn't appear to be included in the app.

The Claimant has failed to provide any of the information requested or any of the documents mentioned within the Particulars of Claim.

documents mentioned would be CPR 31.14.

Don't worry, if we can see all the info how you got to this point we'll be able to help you. Can you just log in to MCOL and check it says there is a bar in place, or at least that it doesn't say there is any default judgment.

Application ( just for ease)

Attachments

3.
Unless the claimant complies with the request for further information made under CPR Part 18 on 25.07.2016 and the request for the copy of the agreement made under Section 78.1 of the Consumer Credit Act on 25.07.2016 by 4pm 14 days from the date of this order, the claim will stand to be struck out with prejudice and Judgment awarded in favour of the defendant.

10.
I am the defendant in this case and make this Witness Statement in support of the application for an order that the Claimant do comply with the request for further information pursuant to CPR 18 and supply a copy of the Agreement made under Section 78.1 of the Consumer Credit Act.

1. On 25.07.2016 I made a written request to the Claimant solicitors requesting that the Claimant provides further information in respect to their proof of claim. [EXHIBIT A]

2. On 25.07.2016 I made a written request to the Claimant requesting the Claimant as the alleged Creditor provide a copy of the agreement, the request was made under Section 78.1 of the Consumer Credit Act [EXHIBIT A]

3. The Claimants claim is based upon the Defendants alleged breach of contract and therefore the contract is entirely central to the Claimants case.

4. Section 78.1 of the Consumer Credit Act states:

78 Duty to give information to debtor under running-account credit agreement.

(1)The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a) the state of the account, and
(b) the amount, if any currently payable under the agreement by the debtor to the creditor, and
(c) the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.
Further, Section 78.6 (a) of the Consumer Credit Act states:

If the creditor under an agreement fails to comply with subsection (1)—
(a) he is not entitled, while the default continues, to enforce the agreement;

As I understand it, the prescribed period for providing the copy agreement (under the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 (SI 1983/1569)) is 12 days, these 12 days have long since expired.

5. Also, under CPR Rule 18 requires the further information by provided within 14 days from receipt of a written request. The Claimant has failed to provide any of the information requested or any of the documents mentioned within the Particulars of Claim.

6. In respect to the CPR 18, I refer to the ruling of Rix LJ in Expandable v Rubin [2008] EWCA Civ 59 (at paragraph 24)

“The general ethos of the CPR is for a more cards on the table approach to litigation. If a party thinks it worthwhile to mention a document in his pleadings, witness statements or affidavits, I do not see why, subject as I say to the question of privilege, the court should put difficulties in the way of inspection. I look upon the mention of a document in pleadings etc as a form of disclosure. The document in question has not been disclosed by list, or at any rate not yet, but it has been disclosed by mention in what, for the purposes of litigation, is another important and formal category of documents. If so, then the party deploying that document by its mention should in principle be prepared to be required to permit its inspection, and the other party should be entitled to its inspection.”

Whilst I understand under CPR Part 27.2(f) that CPR Part 18 is not applicable to Small Claims Track, I also understand under CPR 27.2.3 that ‘The court of its own initiative may order a party to provide further information if it considers it appropriate to do so’ and I respectfully, apply to the Court for this purpose.

7. The Claimant has mentioned within the Particulars of Claim the credit Agreement, the default Notice (ie the Cause of Action and the need for the default notice under Sections 87-89 of the Consumer Credit Act) and the assignment, neither the Deed of Assignment or the chain of Notices under the hand of the Assignee or the Assignor for been provided nor how said documents were serviced upon me in accordance with Section 196 of the Law of Property Act 1925, has yet it been provided despite my entitlement to inspect these documents and my best efforts to obtain them, as such I therefore, most respectfully request the Court issue the following order:

Unless the claimant complies with the request for further information made under CPR Part 18 on 25.07.2016 and the request for the copy of the agreement made under Section 78.1 of the Consumer Credit Act on 25.07.2016 by 4pm 14 days from the date of this order, the claim will stand to be struck out with prejudice and Judgment awarded in favour of the defendant.

Statement of Truth

I believe the facts stated in this Witness Statement are true.

Signed ………………………………….. Dated: ………………………

**MrsMouse** · 24th August 2016, 15:36:PM

Re: Lowell Count Court Claim

Hi,
Took me a few reads to work out what GOODF meant. Head has gone.:tinysmile_hmm_t2:
If you are asking for the letters I sent to Lowlife, I attach them now.

I did send my defense in but it came right back as I had not been told at the time to include the EX160 that I have now printed out. The paperwork returned to me has been date stamped by the court with an accompanying letter telling me I need the form.

Not sure if this is the link. I copied what appeared in the task bar when I opened my post. This is probably all my fault. I'm so foggy at times.

http://www.getoutofdebtfree.org/foru...3#.V72-XNbUgyU

Thanks to everyone for getting in touch!

Sorry, what is MCOL? Yes this is a credit card dating back to 2013.

Attached Files

**MrsMouse** · 25th August 2016, 06:57:AM

Re: Lowell Count Court Claim

Hi,
If this is the last day to get everything back in the post then I am beaten because a DD we requested be taken out on Friday has gone out and we have been cleaned out. By the time it is put back, which they offered to do, it wouldn't be there until Friday, so way too late.

**Amethyst** · 25th August 2016, 07:06:AM

Re: Lowell Count Court Claim

Thanks for link will have a look.

MCOL is money claim online - the court website where you acknowledge and defend if you don't do it on paper xx

**Amethyst** · 25th August 2016, 07:09:AM

Re: Lowell Count Court Claim

*** Don't worry we'll help all we can - but you need to get in touch with the court today and check that you still have time to put in your defence - can you give them a call and let me know what they say please. ***

*** Also In those three letters there isn't a part 18 request nor a CCA request - were they separate letters ? or is that all you have sent ? ***

following is a bit of a ramble sorry - just do above bit first and we'll go from there .....

I'd say put your defence in today and forget the application. Just save a lot of stress. Example defence Defence Example - if you change part 31.14 to part 18 and adapt to suit and post back on here we can give it a once over, I'll go back read all your stuff on GOODF and here so far to make sure it's all correct xxx Then you can submit by email or on MCOL today.

And use your proper name, forget anything about this ''Samantha of the family: Dean'' stuff - okay. Not your fault at all and it's fixable xxxx

In those three letters there isn't a part 18 request nor a CCA request - were they separate letters ?

They have made a claim with the County Court who issued the claim on 20th July.

So defence date would have been around 20th August - fingers crossed the application made the court put a barr on the claim so default judgment couldn't be obtained by the other side.

**MrsMouse** · 25th August 2016, 13:06:PM

Re: Lowell Count Court Claim

Hi,
I was on hold for 10 minutes going from 20th to me pretty quickly. At least they weren't playing Greensleeves or Panpipe wifty-wafty music :tung: The assistant told me judgement could have been issued any time now as they could have done it 22nd. However they notice I have been attempting to send details in. She is emailing relevant details if it helps me.

I have attached the CCA form I sent with the witness statement and had returned due to lack of EX160. Letter No1 went with it as Exhibit A/B.

Just been struggling to log in to MCOL and called the court helpline, but because I am the defendant I cannot submit my application online! It has to be done by post!! This means it will have to go tomorrow because I have no money to do it today.

What is Part 18?

Attached Files

**MrsMouse** · 25th August 2016, 13:48:PM

Re: Lowell Count Court Claim

This just gets better!!!

Just been struggling to log in to MCOL and called the court helpline, but because I am the defendant I cannot submit my application online! It has to be done by post!! This means it will have to go tomorrow because I have no money to do it today.

**Amethyst** · 25th August 2016, 13:51:PM

Re: Lowell Count Court Claim

Okay good. So you can get a defence submitted.

Okay this is going to be a little arse about face but we don't have a lot of choice other than just rolling over and negotiating payment on the debt.

Your application relies on the fact that you have sent a CCA ( consumer credit act) request for a copy of the agreement, as well as a CPR Part 18 request for the other documents. In reality you have sent neither, just three scarily pointless letters. Like I said before not your fault.

SO.

DEFENCE - you should be able to fit in on MCOL - once it is submitted, tell me and we can do some backtracking and make sure the actual right requests are in place before this goes any further.

---------------------------------------------------------------------------------------------------------------------------------------------------------
1: I received the claim [Claim Number] from the Northampton County Court Business Centre on [Date you received the claim]

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3: This claim is for a credit card account agreement regulated under the Consumer Credit Act 1974.

4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

5. The Claimants statement of case states that the account was assigned from Vanquis to Lowell on 30/9/2015. The Defendant does not recall receiving notice of this assignment.

7. It is denied that Vanquis 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.

8: On the 25th July 2016 I sent a request for inspection of documents mentioned in the claimants statement of case

9. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

10. The Claimant has not sent any of these documents to me.

11. 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.

12. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

13. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

14. It is denied that the Claimant is entitled to the relief as claimed or at all.
------------------------------------------------------------------------------------------------------
Statement of Truth

The Defendant believes that the facts stated in this Defence are true.

Signed

Dated

**Amethyst** · 25th August 2016, 13:52:PM

Re: Lowell Count Court Claim

Oh and FORGET THE APPLICATION.

You haven't sent a Part 18 request or a CCA request and the application asks the court to order compliance with those requests.

in support of the application for an order that the Claimant do comply with the request for further information pursuant to CPR 18 and supply a copy of the Agreement made under Section 78.1 of the Consumer Credit Act.

and the only letters you sent were the 'three letter process' rubbish from GOODF which are not a CCA or a part 18.

It's a bit of a relief you needed to complete the EX160 else you'd have lost that £255 and potentially additional court costs for the application hearing.

You should be able to submit your defence on MCOL fine. If not shout and I'll tell you how to do it by email.

**MrsMouse** · 25th August 2016, 14:08:PM

Re: Lowell Count Court Claim

Just contacted court as I couldn't get on for love nor money and was told point blank that as I am the defendant I cannot apply online.

**Amethyst** · 25th August 2016, 14:19:PM

Re: Lowell Count Court Claim

You're not making an application, you are defending the claim.

Okay You need to email it - FILL IN THE XXXXX's and YOUR NAME bits - as well as the bold bits in the defence.

SUBJECT - Lowell v YOUR NAME - Claim XXXXX - DEFENCE

send to - ccbcaq@hmcts.gsi.gov.uk

Content of email:

---------------------------------------------------------
Dear Court Manager

Please find below my Defence in the Claim XXXXX. I have been trying to submit my defence through MoneyClaim online but am experiencing problems. I would be grateful if you could confirm receipt.

Kind Regards

YOUR NAME

---------------------------------------------------------

IN THE NORTHAMPTON COUNTY COURT BUSINESS CENTRE

CLAIM XXXXX

LOWELL PORTFOLIO

v

YOUR NAME
Defendant

DEFENCE

1: I received the claim [Claim Number] from the Northampton County Court Business Centre on [Date you received the claim]

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3: This claim is for a credit card account agreement regulated under the Consumer Credit Act 1974.

4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

5. The Claimants statement of case states that the account was assigned from Vanquis to Lowell on [Date]. The Defendant does not recall receiving notice of this assignment.

7. It is denied that Vanquis 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.

8: On the 25th July 2016 I sent a request for inspection of documents mentioned in the claimants statement of case

9. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

10. The Claimant has not sent any of these documents to me.

11. 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.

12. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

13. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

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

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.

Signed - TYPE YOUR NAME

Dated 25th August 2016

Lowell Count Court Claim

Lowell Count Court Claim

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