Court claim form received Lowell.

[Andz12]

I've received a claim form from Lowell, dated 09 December, regarding a shop direct account. Amount owed £4,116.

I've acknowledged the claim on the money claim website, stating I wish to defend in full.
The account was opened April 07 and the default date was in 2013.
Just looking for some advice as to what my next step should be.

I've had to give up work to care for my husband, who has progressive MS.
My only income is carers allowance at £62 pounds per week, so I'm really not in a financial position to pay the debt at all.

I'm unsure of which letter requests I need to send and to who.

Totally stressed out with it all and would really appreciate some advice.

[charitynjw]

Re: Court claim form received Lowell.

Hi Andz 12 &welcome to LB.

Please read http://legalbeagles.info/forums/foru...-a-Court-Claim

You ought to send a CCA request to the Claimant (enclose £1 fee) & a CPR 31.14 request to the solicitor (no fee).
All the details are in the above link.
For the CCA request, you need s78 CCA, so scrub s77.
If you post up the Particulars of Claim (personal details removed) we can offer more assistance.
Is 9th December the court claim issue date? (Front of claim form).

[Andz12]

Re: Court claim form received Lowell.

Hi.
Thanks for the reply. How do I add a photo attachment?

And yes, the date is the 9th of December on the front of the claim form.

[charitynjw]

Re: Court claim form received Lowell.

Hi.
Thanks for the reply. How do I add a photo attachment?

And yes, the date is the 9th of December on the front of the claim form.

Lol!

No use asking me techie (tekkie?) questions; I'd probably end up nuking your chosen device!
I'll ask @Kati to help you.

[Kati]

Re: Court claim form received Lowell.

Hi.
Thanks for the reply. How do I add a photo attachment?

And yes, the date is the 9th of December on the front of the claim form.

Lol!

No use asking me techie (tekkie?) questions; I'd probably end up nuking your chosen device!
I'll ask @Kati to help you.

you could email it to me with a link to this thread and I'll attach (kati@legalbeagles.info) xx

[Andz12]

Re: Court claim form received Lowell.

Hi Kati.
Think I've sent it.
Thanks for your help xx

[Kati]

Re: Court claim form received Lowell.

....

[Andz12]

Re: Court claim form received Lowell.

I'm going to send the CCA and CPR request first thing tomorrow.
Do I send them both recorded delivery?
Just to clarify, I send the CCA request to the claimant (Lowell)
And the CPR 31.14 to the solicitors (Cohen Cramer)

[charitynjw]

Re: Court claim form received Lowell.

I'm going to send the CCA and CPR request first thing tomorrow.
Do I send them both recorded delivery?
I use SigndFor.
Just to clarify, I send the CCA request to the claimant (Lowell)
Yes
And the CPR 31.14 to the solicitors (Cohen Cramer)
Yes

####

[Andz12]

Re: Court claim form received Lowell.

####

Thank you. I've sent both letters today.
I'll come back when/if I receive correspondence from them, as to what steps I take next.
When will my defence have to be submitted if the date of claim is 9th of December?

[charitynjw]

Re: Court claim form received Lowell.

Thank you. I've sent both letters today.
I'll come back when/if I receive correspondence from them, as to what steps I take next.
When will my defence have to be submitted if the date of claim is 9th of December?

33 days from the claim issue date.
The Claimant/sols might agree to a 28 day extension per your CPR request.
If so, you (Defendant) will need to advise the court.

[Andz12]

Re: Court claim form received Lowell.

Hi. I'm going to file my defence online tomorrow morning.
I just want to check everything is ok before I send it.
I haven't received any response from Lowell or Cohen Cramer as yet for the CCA and CPR requests.'

1. I received the claim (CXxxxx)from the Northampton county court on 09/12:2016
2. Each and every allegation in the claimants statement is denied unless specifically admitted in this defence.
3. The claim appears to be for a catalogue 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 to the claim
5. The particulars of the claim fail to state when the agreement was entered into
6. The claimants statement of case states that the account was assigned from shop direct to Lowell Portfolio l LTD on 11/04/2014 The defendant does not recall receiving notice of this assignment.
7. It is denied that Shop Direct 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 date 16/12/2016 I sent a request for inspection of documents mentioned in the claimants statement of case under civil procedure Rule 31.14 to Lowell Solicitors limited . I requested the claimant to provide copies of the Agreement, Default Notice and Notice of Assignment.
9. Lowell solicitors limited have not sent any of these documents to me.
10. On 16/12/2016 I sent a formal request for a copy of the original agreement to Lowell Portfolio l LTD pursuant to section 78 of the consumer credit Act 1974 along with the statutory £1 fee.
11. The claimant has failed to comply with section 78 (1) consumer credit Act 1974 and by virtue of S78 (6) 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 claim 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. 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.
14. 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.
15. It is denied that the claimant is entitled to the relief as claimed or at all.


[charitynjw]

Re: Court claim form received Lowell.

Hi Andz.

Double space the paragraphs.
Consumer Credit Act & Civil Procedure Rules (para #8) should be capitalised.

[Andz12]

Re: Court claim form received Lowell.

Thanks Charity.
Anything else need tweaking, or is that ok?

[charitynjw]

Re: Court claim form received Lowell.

I haven't checked the dates, Andz, but other than that it looks good.
It would also be a good idea to SAR Shop D for all your data. When (if) Lowells or the sols ever do send details, you can compare what is sent with the details held by Shop D.