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CCJ FROM LOWELL. PLEASE HELP, FEEL ILL.

lloyd323 asked:

First off i would like to thank this website for existing and it’s outstanding valuable members. I have been reading through the forums and you guys deserve a medal for all the advice given and helping venerable and worried people! Seriously. I don’t think people can thank you enough.

I am in bit of a situation and it would be like a gift from heavon if anybody can help. It’s currantly ruiening my life in a lot of ways at the moment. I wish for no one to have to ever go through this. I don’t won’t to go into to much detail about this anyway as im sure you have heard it all before.

It’s a debt from roughly 4 years ago,maybe 5 at maxium. I got the credit card from vanquis. I was paying them monthly for two or 3 years with there interest rates and then all of a sudden, my life taken a turn for the worst. The credit limit was for £1,750. I was told to ignore letters from vanquis over the past year or two from friends and family. It has eventually been passed down to LOWELL’S and somehow it has now rised to £2603.21! This was yesterday that i realised it had gone up to this amount as i recieved a CCJ!! I think my heart skiped a few to many beats and i feel ill from the worry and lack of sleep.

So a few more details. I have never made contact in any way what so ever with vanquis or lowells since i last made a payment to vanquis over 2 years ago. The CCJ consists of 4 forms in total which they want me to fill out within a limited timeframe. A response pack,admission form,defence & counterclaim form and thee claim form. The county court is Northampton. The solicitors is Bryan carter solicitors LLP,Weybridge,Surrey. It is a CCJ claim form for a total of £2603.21. This is including a court fee of £105.00 and a solicitor’s cost of £80.00. They did send a default. I chose to bury my head in the sand and hope it would all dissapear. I heard they had to send this before they can send a CCJ? The claimant is LOWELL PORTFOLIO LTD.

This is what the particulars of claim section says on the letter – “THE CLAIMANTS CLAIM IS FOR THE SUM OF 2239.07, BEING MONIES DUE FROMTHE DEFENDANT TO THE CLAIMANT UNDER AN AGREEMENT UNDER AN AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974 BETWEEN THE DEFENDENT AND VANQUIS
UNDER ACCOUNT REFERENCE (load of numbers) AND ASSIGNED TO THE CLAIMANT ON 19/12/2013 NOTICE OF WHICH HAS BEEN GIVEN TO THE DEFENDENT.
THE DEFENDENT FAILED TO MAINTAIN CONTRACTUAL REPAYMENT UNDER THE TERMS OF THE AGREEMENT AND A DEFAULT SERVICE HAS BEEN SERVED WHICH HAS NOT BEEN COMPLIED WITH.
AND THE CLAIMENT CLAIMS 2239.07
THE CLAIMANT ALSO CLAIMS STATUTORY INTEREST PURSUANT TO S.69 OF THE COUNTY COURT ACT 1984 AT A RATE OF 8% PER ANNUM FROM THE DATE OF ASSIGNMENT OF THE AGREEMENT TO DATE BUT LIMITED TO A MAXIMUM OF ONE YEAR AND A MAXIMUM OF 1000 AMOUNTING TO 179.14″

So that’s what it says. on on the left hand side to that it says amount claimed 2418.21 court fee 105.00 solicitors costs 80.00 TOTAL AMOUNT 2603.21

Any advice on where to go from here would be a godsend. I am so desperate that i am even happy to pay someone on here money to help get rid of this. It’s just knocked me for 6 this time.

I can’t thank you enough in advance for any help what so ever, this would really put a lot of stress off our family. And we HIGHLEY highley, appreciate any possible help.

If you need any other information what so ever please let me know i will try my best to provide it. I can also scan the letter if needed. Thank you again.

Pennywise replied:

Well Welcome to GOODF mate – you’ve come to the right place 😀

The claim needs defending within a time frame, and can be set aside, someone with the know once read this post will point you in the right direction, so get rid of that feeling in the pit of your belly mate, thats how the otherside want you.

Take Good Advice and above all Have Fun with it! 😀

lloyd323 replied:

I hope your right 😐 I thank you for your comforting words. I will try my best to take your advice and get out of this pit!

Tiggy replied:

Firstly, that’s not a CCJ, that’s a claim form and as long as it’s within the correct timescales you now have the opportunity to defend yourself against this claim.

What’s the date of issue on the form?

memegirl replied:

Listen to tiggy shes brill …saved me from a cliff edge 😉

lloyd323 replied:

Gosh i have been trying so hard to get my scanner to work but no success. I have managed to take a photo of the letter So you can confirm if it’s a CCJ or not and what i should do from here?

The blanked out bits that you see in the picture attached are my name and adress,barcodes and claim no. The date of issue was on the 14th this month. But it did take a few days to arrive after the issue date.

I was also thinking, do you think they are calling my bluff or this is the real deal?? I just don’t know what to think, my heads all over the place at the moment.

Thank you everybody for your replys so far 🙂

royboyone replied:

That is the real deal, so take tiggy’s advice, she is the Court Buster. 🙂

thor replied:

Hay there, welcome 😀

So you are dealing with Lowell and there ambulance chasing Lawyer carters. I will tell you carter is a real dickhead.. Sorry I mean a real fucking dickhead. He never has any paperwork that he need to prove his claim 95% of the time over the last few months he has lost so many mine included I even took that moron for £2000 for his own costs 😆 😆 Funny as hell I so enjoyed doing that to him.

This his what he does he files theses bullshit claims in the hope he can bully and scare you and when you don’t give in he then files for a discontinuance.

Carter is as bent as fuck don’t let him scare you. I will let tiggy add more she will be a long in a while.

Its going to get worse for a while so batten down the hatches. It will get better ok

Tiggy replied:

That’s a claim form issued through County Court Business Centre, now you have to get your head around defending this claim.

Firstly, have you Acknowledged Service with the intention to defend, has to be submitted within 19 days of date if issue (14 days + 5 service days), but do it on line ASAP.

Then you send off a Request for Further information called a CPR 18 (civil procedure rule 18), what you’re doing here is saying ‘you’ve brought a claim against me now PROVE I owe YOU, the claimant this money’ there’s an example on this link. Remember, they buy these debts for 10p for every pound (so in your case £200) but chase you for the full amount, time to get pissed off and challenge them. When they don’t supply the info. you can apply for an order of Court for them to do so or their claim stands to be struck out (known as an Unless Order).
viewtopic.php?f=5&t=86170&start=10#.VZ_B-YZ4WK1

Then you need to work on submitting your Defence, needs to be submitted 33 days from date of issue, go though each line of the Particulars and rebut everything, there’s an example of a defence on this link.
viewtopic.php?f=5&t=87401&start=10#.VZ_BgIZ4WK1

Finally, don’t panic, if the worst comes to the worst and you lose this, you can apply to the Court for a Variation Order and offer a low (£1) a month. After 6 years stop paying as they can’t enforce it after 6 years, £72 paid – bargain !!

lloyd323 replied:

ok ok. So i read through this several times and i’ll take this one step at a time. So to Acknowledged Service with the intention to defend do i go onto the website they have sent me on the letter correct? Which is moneyclam.co.uk?

Thanks tiggy. You should take this up as a full time job if you haven’t already. Your advice is so valuble and appreciated.

Tiggy replied:

Yes, acknowledge through mcol and you’re more than welcome xx

lloyd323 replied:

Ok i was filling in the Acknowledgment of Service – Intention section. I wasn’t sure wether or not to tick this box

“Contest Jurisdiction:-
You can choose to contest jurisdiction of the claim made against you.
I intend to contest jurisdiction”

Do i tick the box to this section or not?? Sorry if its a dumb question.

Tiggy replied:

No, don’t contest jurisdiction! You’re Acknowledging Service with the intention to defend !!!

lloyd323 replied:

wow. thanks for quick reply!!! And to confirm i intend to defend ALL this claim and not PART of the claim?

Tiggy replied:

All xx

lloyd323 replied:

ok so this is what’s happened so far

A claim was issued against you on 14/07/2015

Your acknowledgment of service was submitted on 20/07/2015 at 20:14:20

Your acknowledgment of service was received on 21/07/2015 at 08:00:56

Is this ok so far?

I have a few questions about the next part. I followed the links you sent and please excuse me for not 100% understanding. Is the letter below the correct one i am meant to send to the soliciters? And if so do i just copy this onto paper (filling in the blanks) and send it recorded delivery?Do i need any fancey letter headings or anything else needed?

Dear Sir,

Re: (Claimant’s name) v (Your name) Case No:

CPR 31.14 Request

On (date) I received the Claim Form in this case issued by you out of the (Name) County Court.
I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored] [delete if no such request was delivered]
Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

1 The agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.
2 The deed of assignment*
3 The notice of assignment*
4 the default warning letter*
5 The default notice*
6 The termination notice*
7 [any other documents mentioned in the Particulars of Claim]*
* delete if not mentioned or mentioned by inference in the Particulars of claim.
[Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise]#
# delete if claim for a sum exceeding £5,000.00

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document’s authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

I do hope this will not be necessary and look forward to hearing from you.

Yours faithfully


I would also suggest you send a letter requesting a copy of the Original Agreement.

Here is the CC Agreement request letter:


Their address. Your Address.

Date:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY IN ANY FORM

F.A.O: [Name of person on letter/s contacting you]

Dear Sir/Madam

Account/Ref No:

With reference to the above agreement, I/we would be grateful if you would send me/us a copy of this credit agreement and a full breakdown of the account including any interest or charges applied.

I/we understand that under the Consumer Credit Act 1974 [sections 77-79], I am/we are entitled to receive a copy of any credit agreement and a statement of account on request.

I/we enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act 1974. Please note, this money is not to be used for any purpose except as the required administration fee for the above request.

I/we understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.

I/we understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act. Please be aware that until you provide a copy of the credit agreement the following applies.

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.
* You may not add further interest or any charges to the account.
* You may not pass the account to a third party.
* You may not register any information in respect of the account with any credit reference agency.
* You may not issue a default notice related to the account.
* You may not issue a court summons.

You should also be aware that unless or until you provide me/us with the the agreement requested under the Consumer Credit Act 1974, it will remain Unenforceable at Law, and any legal proceedings taken out whilst the agreement request remains outstanding, will be Vexatious and Unlawful. Be aware also that the Financial Conduct Authority Regulations apply:

7.3.18: A firm must not threaten to commence court action, including an
application for a charging order or (in Scotland) an inhibition or an order
for sale, in order to pressurize a customer in default or arrears difficulties
to pay more than they can reasonably afford.

7.11.6: A firm must not suggest or state that action can or will be taken when
legally it cannot be taken.

I/we look forward to hearing from you within the allotted time scale.

Yours faithfully/By: Etc.


Check below to see if the agreement is unenforceable if Pre – April 2007:

To stop any confusion and have a readily available check list for Consumer Credit Agreements BEFORE 2007, here are the requirements for such agreements – if one of the requirements is missing, then the agreement is unenforceable. In no particular order:

* The Agreement must contain a Credit Limit, or a reference that the Credit Limit will be set at a later date, or a statement that no Credit Limit is required.

* The Agreement must declare the APR% rate, monthly and/or annually.

* The Agreement must contain a date/or indication of a date such as weekly, monthly or annually, for payments to be made, or state a date will be decided upon later, or that monthly statements will be provided to show the date of required payment.

* The Agreement must contain a notice of your right to cancellation – usually 14 days from the date signed.

* The Agreement must contain ALL Terms and Conditions in existence on the date of signing.

* The agreement must be legible, and the type face distinguishable from the background colour.

* The Agreement must be signed by both parties – Debtor and Creditor/or their representative and dated.

* Any copy of the Agreement lawfully requested by the debtor under section 78 of the Consumer Credit Act 1974, must be a valid and true Certified Copy of the Original Agreement – in this instance, reconstituted agreements are not valid, true copies and unacceptable.

* ALL of the above, must be contained within a single, signed document and parts may not be sent separately, or issued under separate cover.

If any of the above is not included, or if the Agreement is not legible, then the Agreement is unenforceable at law.


You will also need to see if the DCA have followed Civil procedure Rules and if not, that may count towards having their claim set aside or struck out. Here is a link to CPR:

Tiggy replied:

No that’s a CPR 31, the 18 is further down

lloyd323 replied:

i seeeeeee.

so this one below then. Can i send the £1 via postal order as id rather not send check with my bank details on it? I don’t trust them.

Their address. Your Address.

Date:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY IN ANY FORM

F.A.O: [Name of person on letter/s contacting you]

Dear Sir/Madam

Account/Ref No:

With reference to the above agreement, I/we would be grateful if you would send me/us a copy of this credit agreement and a full breakdown of the account including any interest or charges applied.

I/we understand that under the Consumer Credit Act 1974 [sections 77-79], I am/we are entitled to receive a copy of any credit agreement and a statement of account on request.

I/we enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act 1974. Please note, this money is not to be used for any purpose except as the required administration fee for the above request.

I/we understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.

I/we understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act. Please be aware that until you provide a copy of the credit agreement the following applies.

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.
* You may not add further interest or any charges to the account.
* You may not pass the account to a third party.
* You may not register any information in respect of the account with any credit reference agency.
* You may not issue a default notice related to the account.
* You may not issue a court summons.

You should also be aware that unless or until you provide me/us with the the agreement requested under the Consumer Credit Act 1974, it will remain Unenforceable at Law, and any legal proceedings taken out whilst the agreement request remains outstanding, will be Vexatious and Unlawful. Be aware also that the Financial Conduct Authority Regulations apply:

7.3.18: A firm must not threaten to commence court action, including an application for a charging order or (in Scotland) an inhibition or an order for sale, in order to pressurize a customer in default or arrears difficulties to pay more than they can reasonably afford.

7.11.6: A firm must not suggest or state that action can or will be taken when legally it cannot be taken.

I/we look forward to hearing from you within the allotted time scale.

Yours faithfully/By: Etc.

lloyd323 replied:

Ok so only 1 question before i send the letter tomorrow. In the F.A.O: part do i write “LOWELL PORTFOLIO | LTD”?

And can i do postal cheque?

I think i’m ready to rock and roll! Just need to print it now. This is scary as well as exciting! 😆

Thank you 🙂

EDIT:- And to confirm send it to soliciters. Is there anything else i missed?

Tiggy replied:

It’s a debatable question, this is Section 78 of the Consumer a Credit Act, look at the two sections highlighted, so you send the £1 to ‘the Creditor’ and if ‘the creditor’ can’t supply the agreement he can’t enforce it. SO, who’s the creditor? You don’t want to send this request to Vanquis as they are likely to have the agreement, so you have to send it to Cabot, BUT in doing so does that Acknowledge Cabot as ‘the Creditor’ and therefore, meaning Cabot has the right to bring this action against you ? But without the payment of £1 it could be argued you can’t state the agreement is unenforceable.

So two options 1. Send the request to Cabot and risk it
2. Don’t send the request off at all (after all it’s been requested within the CPR 18 anyway).

So entirely up to you, I’ve personally never sent a CCA request off, I’ve relied on the Civil Procedure Rules to make documentation requests, but that doesn’t mean it isn’t a valid thing to do. Xx

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 and payment of a fee of [F1£1], 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.

(2)If the creditor possesses insufficient information to enable him to ascertain the amounts and dates mentioned in subsection (1)(c), he shall be taken to comply with that paragraph if his statement under subsection (1) gives the basis on which, under the regulated agreement, they would fall to be ascertained.

(3)Subsection (1) does not apply to–

(a)an agreement under which no sum is, or will or may become, payable by the debtor, or

(b)a request made less than one month after a previous request under that subsection relating to the same agreement was complied with.

(4)Where running-account credit is provided under a regulated agreement, the creditor shall give the debtor statements in the prescribed form, and with the prescribed contents–

(a)showing according to the information to which it is practicable for him to refer, the state of the account at regular intervals of not more than twelve months, and

(b)where the agreement provides, in relation to specified periods, for the making of payments by the debtor, or the charging against him of interest or any other sum, showing according to the information to which it is practicable for him to refer the state of the account at the end of each of those periods during which there is any movement in the account.

[F2(4A)Regulations may require a statement under subsection (4) to contain also information in the prescribed terms about the consequences of the debtor–

(a)failing to make payments as required by the agreement; or

(b)only making payments of a prescribed description in prescribed circumstances.]

(5)A statement under subsection (4) shall be given within the prescribed period after the end of the period to which the statement relates.

(6)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;F3. . .

(b)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)This section does not apply to a non-commercial agreement, and subsections [F4(4) to (5)] do not apply to a small agreement.

lloyd323 replied:

im sorry you have completely lost me now lol. I had a quick read last night before bed so i never sent the letter as i was trying to understnad what was trying to tell me.

Are you saying send that letter saying “I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY IN ANY FORM” to the soliciter or are you saying don’t send that letter and send a different one?

Could you please explain to me in lay-man terms 😕

EDIT:- I am happy to just go on your advice, so what ever you think is best for me i will do. I trust your judgement completely. I am happy for you to decide for me.

Tiggy replied:

Sorry, it’s one of those catch 22 situations, you could be damned if you do (send it as you potentially acknowledge Cabot as being the creditor and able to take you to Court) or you don’t, which could mean you can’t claim the agreement is unenforceable.

I really can’t advise you on whichnway to go, anyone else have any views ?

lloyd323 replied:

ok it seems like no one else is advising so i think i will send the letter of:- “I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY IN ANY FORM”

and i will send it to the soliciter as there is less chance they will have the evidence that i owe it. If anyone else advises differnt before end of today then please let me know. Thank you all.

EDIT:- I have done the letter it’s ready to print. Can someone please confirm all details are filled out correctly.

BRYAN CARTER SOLICITERS LLP
11 DE HAVILLAND DRIVE
WEYBRIDGE, SURREY
KT13 OYP

MY ADDRESS

23rd July 2015

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY IN ANY FORM

F.A.O: LOWELL PORTFOLIO | LTD

Dear Sir/Madam

Claim No: FILLED OUT IN MY COPY
Issue date: 14th July 2015

With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement and a full breakdown of the account including any interest or charges applied.

I understand that under the Consumer Credit Act 1974 [sections 77-79], I am entitled to receive a copy of any credit agreement and a statement of account on request.

I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act 1974. Please note, this money is not to be used for any purpose except as the required administration fee for the above request.

I understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.

I understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act. Please be aware that until you provide a copy of the credit agreement the following applies.

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.
* You may not add further interest or any charges to the account.
* You may not pass the account to a third party.
* You may not register any information in respect of the account with any credit reference agency.
* You may not issue a default notice related to the account.
* You may not issue a court summons.

You should also be aware that unless or until you provide me with the the agreement requested under the Consumer Credit Act 1974, it will remain Unenforceable at Law, and any legal proceedings taken out whilst the agreement request remains outstanding, will be Vexatious and Unlawful. Be aware also that the Financial Conduct Authority Regulations apply:

7.3.18: A firm must not threaten to commence court action, including an application for a charging order or (in Scotland) an inhibition or an order for sale, in order to pressurize a customer in default or arrears difficulties to pay more than they can reasonably afford.

7.11.6: A firm must not suggest or state that action can or will be taken when legally it cannot be taken.

I look forward to hearing from you within the allotted time scale.

Yours faithfully
MY NAME

lloyd323 replied:

Ok so i sent my letter on and now i’m working on my defense.

I followed your link for defense. viewtopic.php?f=5&t=87401&start=10#.VbZf7PnYDDc

I am stuck with 2 parts. Could someone please help.

“Section V. e) Details of the costs paid by the Claimant to the Original Owner for the Alleged Assignment of the Agreement on xxxxxxxx (as referenced in Section 1 of the Particulars of Claim).”

I seriously dont not have a scooby doo about this. Everytime i got a letter, i would open it, and then bin it 🙁 instead shall i just say “Details of the costs paid by the Claimant to the Original Owner for the Alleged Assignment of the Agreement (as referenced in Section 1 of the Particulars of Claim).” ????

And the other part i am stuck on is basically the same.

“Section V. b) As claimant has stated the debt was ‘assigned to the claimant on xxxxxxx’ a copy of the Legal Assignment, including, but not limited to a copy of the Deed of Assignment and / or Deed of Tripartite Novation.”

Again no clue. Sorry. shall i put this instead? As claimant has stated the debt was ‘assigned to the claimant’ a copy of the Legal Assignment, including, but not limited to a copy of the Deed of Assignment and / or Deed of Tripartite Novation. ???

Thanks again. I do appreciate any help. Everyday that goes by i continue to worry about this . I wish it would go. I keep telling my self that im in safe hands on this website and it helps a little with the stress & worry.

Tiggy replied:

You’re asking THEM to disclose to the Court exactly how much they paid for this debt

Again, you’re asking THEM to prove they legally own this debt.

You’re getting confused over the use of the word claimant, remember, Lowell are the Claimants in this case, you are the defendant. So where it says claimant it’s meaning …

As Lowell has stated the debt was assigned to them on xxxxx

lloyd323 replied:

Yes i see now, i was indeed getting confused over the word claimant. So Lowell are the Claimants.

So what date would i put in? Or shall i leave it blank?

As Lowell has stated the debt was assigned to them on xxxxx (which date? Or shall i leave it blank?)

Tiggy replied:

Look on their Particulars of Claim (the blue claim form) it should be on there. Remember you’re defending against what they’ve put on that claim form xx

lloyd323 replied:

Just an update.

My letter should have arrived today to the soliciter and i have just submitted my defence. 😀 I guess it is just a waiting game now. I will inform you as soon as something happens and let you know the outcome.

Thank you for all your help so far in this journey 😀

memegirl replied:

You are at the same point as me in my first case so have a nosey at my posts which I am just as stumped as you …

Now I have got my head around the first one m ready for the next ..

I have 2 I have defended .

1 I’m expecting them to start court proceedings and just had a letter from the lovely lowells ..

And a few lurkers trying it on.

Believe me once you get your head around it it gets easier . I’m more than ready for the next one . And becuase they have all come within months of each other I just look back at what I did for the last one although it’s all quite fresh .

I would say get a box .. get a load of plastic envelope files from pound land ..4 for £1

And keep it all organised from now on..

Also I email myself the templates on my phone . I copy/paste and amend so they can be printed off in email form .. that way I can do them anywhere and access them any time .. just cut off your details and use as a letter 🙂

rsp13 replied:

Hello,

Just thought I would share with you that Lowell/Bryan Carter attempted to take me to court for over £5k. I defended and did not acknowledge any dealings with them. I sent them an SAR and paid £10 which come back and showed they had no evidence. They still proceeded with their claim until a week before the court date which they then pulled out, closed my account and marked my default as satisfied.

Good luck. 🙂

thor replied:

Carter always discontinues in the end he has lost so many its a joke.

royboyone replied:

Well Done. 😆 😆

lloyd323 replied:

And we have a reply!!! Just as i was thinking of posting in the success story section because i never heard anything back. Such a shame, i was starting to feel better in my self as well. 🙄

Ok so i sent the letter off claiming i have no knowledge of this debt and to prove it’s mine! That letter i sent was on 27th July next day delivery recorded. They recieved it 28th July. This is the reply letters below i got back from them and i would of course appreciate some help with them as i don’t know what i’m doing. I seriously need to give you all a BIG THANK YOU for getting me this far. Also i need to point out that i need to do this rapidly as i’m out the country from September the 8th – October 16th.

This is what the soliciter sent.

This is what the court sent.

Can you please help with the question on this.

Can you please answer the questions i have put onto the paper.

In the letter i sent them it said in one section:-

“I understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.”

Now like i said before i sent it out 27th July next day recorded delivery. Recieved on 28th July.

They dated the letter 17th August (which it never arrived antill 25th August) either way lets call it the 17th to give them the benifit of doubt. Which still with that leaniancey works out with my calculations as 14 working days from 28th July – 17th August, over the 12 working day period allowance. So i thought id point that out to you guys as i’m this is breaking some sort of condition.

Also everything i requested, NONE OF IT was ever sent to me. Just this letter. No copy of the signed argeement and what ever else it is i asked for.

Ok so the main thing here for me is can any of you please help me fill out this letter the court has sent me as i really don’t know what to write and i’m under pressure with time. I need help with sections A1,B,C1,D2,D3 which are highlighted in the letter. Thank you very much. This website is priceless!

Tiggy replied:

A1 yes
B complete
C yes
D1 put I. Your local county court
D2 N
D3 1

Did you ask for information using either CPR 18 or 31 ?

lloyd323 replied:

Hello again tiggy!! 😀 Good to see you around still. Thanks for answering the questions.

To answer your question about what information i asked i have copied it below as i don’t know the difference between the CPR 18 and 31. With this letter I sent below, the only reply i got was the one i scanned in to you today.

So the questions is…….do i also send the soliciter or the court another letter saying that BRYAN CARTER failed to comply with what i asked for???If so what shall i send and to whom??? Thank you 😀

BRYAN CARTER SOLICITERS LLP
11 DE HAVILLAND DRIVE MY NAME AND ADDRESS
WEYBRIDGE, SURREY
KT13 OYP

25th July 2015

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY IN ANY FORM

F.A.O: LOWELL PORTFOLIO | LTD

Dear Sir/Madam

Claim No: MY CLAIM NUMBER
Issue date: 14th July 2015

With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement and a full breakdown of the account including any interest or charges applied.

I understand that under the Consumer Credit Act 1974 [sections 77-79], I am entitled to receive a copy of any credit agreement and a statement of account on request.

I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act 1974. Please note, this money is not to be used for any purpose except as the required administration fee for the above request.

I understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.

I understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act. Please be aware that until you provide a copy of the credit agreement the following applies.

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.
* You may not add further interest or any charges to the account.
* You may not pass the account to a third party.
* You may not register any information in respect of the account with any credit reference agency.
* You may not issue a default notice related to the account.
* You may not issue a court summons.

You should also be aware that unless or until you provide me with the the agreement requested under the Consumer Credit Act 1974, it will remain Unenforceable at Law, and any legal proceedings taken out whilst the agreement request remains outstanding, will be Vexatious and Unlawful. Be aware also that the Financial Conduct Authority Regulations apply:

7.3.18: A firm must not threaten to commence court action, including an application for a charging order or (in Scotland) an inhibition or an order for sale, in order to pressurize a customer in default or arrears difficulties to pay more than they can reasonably afford.

7.11.6: A firm must not suggest or state that action can or will be taken when legally it cannot be taken.

I look forward to hearing from you within the allotted time scale.

Yours faithfully
MY NAME

Tiggy replied:

It was all here, send a CPR 18 request ! The reason for it is all laid out – so you can get this claim struck out. The letter you’ve sent cannot be used to get the claim struck out.

lloyd323 replied:

shit to bed 🙁 i am totally confusing my self now. Talk about total panic. I have seen the CPR 18 request now im wondering if i sent that to defense instead of soliciters!!! I remember going through that letter and filling in the blanks. Where i sent it, i have no clue if it was soliciters or to the defence now. I can’t check what’s in my defence at the moment because the website is under maintenance!!!

Ok lets just say i haven’t sent the CPR 18. to soliciter. If i was to send the CPR 18 today next day delivery recorded to the SOLICITER would it make a difference at this stage?? Thank you.

lloyd323 replied:

ok no reply so im guessing send it then I suppose i have nothing to lose. 😕

Tiggy replied:

Yes send it, but of more concern is what you submitted as your defence. You need to make sure it was a defence and NOT the CPR 18.

lloyd323 replied:

I sent it yesterday. I am a little more confident i sent the correct defense, but then again it’s me we are talking about here! The website is still undergoing maintanance. Does anyone know when it’s meant to be back up and running? Is there any other way i can view my submitted defence?

EDIT;-

Reading back on my previous posts i’m 90% sure i submitted the follwing below (with the blanks filled in). Please tell me i did the right thing this time. I don’t know wether to put a laughing face in or a sad face at this point.

IN THE COUNTY COURT BUSINESS CENTRE
Case No

XXXXXXX Limited – Claimant

Vs

XXXXXXXX – Defendant

Defence

I. The Defendant denies monies are owed to the Claimant as alleged in the Particulars of Claim and does not recognise the assertion that any debt has been Legally Assigned to the Claimant and as such the Claimant is put to the strictest of proof, including but not limited to:

I. Pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974) the Original Signed Consumer Credit Agreement, along with a copy of the original Terms & Conditions and any subsequent changes in said Terms & Conditions (referred to as the ‘Regulated Agreement’ within the Particulars of Claim) and show how the Defendant has entered into an agreement.

II. Show how the Claimant has reached the amount claimed by proving a full Statement of the Account referred to, including details of all payments made and calculation of how interest was charged against each item listed, leading to the Alleged Debt of £xxxxx.

III. Also, as this is an Alleged Debt, I believe Penalty Charges may have been applied to the Account and as such may be unlawful under the Unfair Consumer Contract Terms Regulations 1999. Therefore, I would request details of each and every Penalty Charge applied to the Account along with details of their lawfulness (i.e. if the charge is stated as being for ‘Administration’ what Administration was undertaken to support the Penalty Charge being applied) along with details of any Interest imposed against each Penalty Charge applied.

IV. Show how and when the agreement was breached and provide notice by way of Notice of Sums in Arrears served by the Original Owners along with a copy of the Default Notice from the original owners of the Alleged Debt and Certified Copies of how this was served upon the Defendant.

V. Show how the Claimant has the legal right, either under statute or equity to issue a claim by providing the following:

a) A copy of the Default Notice referred to in the Particulars of Claim and Certified Copies of how this was served upon the Defendant, again as referred to in the Particulars of Claim.

b) As claimant has stated the debt was ‘assigned to the claimant on xxxxxxx’ a copy of the Legal Assignment, including, but not limited to a copy of the Deed of Assignment and / or Deed of Tripartite Novation.

c) A copy of how the Defendant was served with the aforementioned Legal Assignment.

d) A copy of the Alleged Notice of Assignment sent by the original creditor to the Defendant and details of how this was Served upon the Defendant.

e) Details of the costs paid by the Claimant to the Original Owner for the Alleged Assignment of the Agreement on xxxxxxxx (as referenced in Section 1 of the Particulars of Claim).

VI. As per Civil Procedure rules 16.5(4), it is expected that the Claimant prove the allegation (as set out in the Particulars of Claim) that the money is owed.

VII. Also, should any amount be inclusive of interest, the Defendant denies interest is payable in accordance with Section 69 of County Courts Act 1984 and again the Claimant is put to the Strictest of Proof.

VIII. Also, in my defence, I am not a Solicitor and after having read the Particular of Claim I cannot see any legislation has been quoted in support of the Claimants claim against me, which leaves me unsure under which Statutory Instrument this Claim has been brought. Therefore, again to be able to properly defend this claim I would request full details of the actual legislation the Claimant believes gives them a right to make this claim, as surely no claim can succeed without this being quoted in the Particulars of Claim?

Statement of Truth

I believe the facts stated in this defence are true.

………………………………….. 2015
(your NAME)

Tiggy replied:

No that’s fine.

Once you’ve submitted your defence the MCOL system shuts down xx

lloyd323 replied:

Wow i can’t believe they replied so quick this time around!!! I have there response already. It came yesterday. I’m not sure if i am meant to reply to this letter or not? I have scanned it in and placed it below. So to date my defence is done and they got the CPR 18 request. The courts have granted my local court but no court date yet. Also for your own information i put a note with my court papers that i sent, saying they have not complied with my CPR 18 request.

So what happens from here? Do i send a reply to the soliciters or the court? Also they miss spelled my name in this letter, can i use that against them?

I have left a few questions on the document. Thanks again Tiggy for all you help.

Tiggy replied:

It’s not up to them to decide what’s proportionate or not, that’s up to the Court and all you’ve done is ask for information in respect to their particulars of claim.

As they’ve indicated the claim will continue, I would suggest an application to the Court for an Unless Order (ie Unless you produce the information requested in the CPR 18 served xx/xx/xxxx by 4pm, 14 days from the date of this order, your claim will stand to be Struck Out, with Prejudice and Judgment awarded to the Defendant.)

You use Court Form N244, it costs £50 or free if on benefits or low income.

lloyd323 replied:

Ok Tiggy, i have taken your advice about the n244 form and i have been busy trying my best to understand it. I have also read the notes for the guidence form n244 online. I think i understand most of what to fill in but i have put some arrows below for the n244 questions to help confirm if i got it correct or not.

Could you please help with:- Fee account no, 2,3,4,5,9 &10

One last thing. Do i send payment with this letter??? I’m worried when they may ask for this as I am out the country till October 16th as from Tuesday for our honeymoon. I know i keep saying it but THANK YOU!! 😀 Manners never hurt anyone. I think you will be going to heavon tiggy. 😆

Tiggy replied:

Ok, ignore fee account

Defendant

What you want the Court to do (ie issue the Unless Order) see the wording I gave previously).

No

Without a hearing

Just put claimant

Section 10, you put here the efforts you’ve gone through to get the claimant to provide you with further information and thereby prove their claim ( ie sent CPR 18, why you sent it and their refusal to comply with the Request made under Civil Procedure a Rule Part 18 and as such you respectfully request the Court to issue an Order for the Claimant to produce the information requested.

lloyd323 replied:

Thank you very much indeed Tiggy. I have filled it all out and ready to send tomorrow. How do i go about paying this £50?? Do i sent it with the letter or wait for them to send me a bill?

I am not back in England antill 16th October as of Tuesday morning. Will this be a problem??

Tiggy replied:

You may be able to submit the application by email and pay over the phone. Give the Court a ring in the morning and ask. Also, tell them you will be away until the 18th.

lloyd323 replied:

Thanks for the advice Tiggy. will keep you informed of progress 🙂 Appreciate everything you have done.

lloyd323 replied:

Wow long time since any news. Finally we have some. This may actually be the end of it now, i don’t want to get to excited just before Christmas. So i sent the “issue the Unless Order” out to the court back in September as advised along with my fee and yesterday i received this letter below from the solicitor. So my question is do i need to sign this and send it back or are they just letting me know it’s discontinued? Should i take any other steps?

I understand i must of been one of your hardest users who asked continuous questions but i am glad to say i think we all conquered this together. Anything is possible. Especially you tiggy. Without you this debt would have killed me. So

THANKYOU!

Page one of the Letter reads:- “Please find enclosed, by way of service, a Notice of Discontinuance of this case.”

Page 2:-

Tiggy replied:

Is there a consent form attached, otherwise no, that’s it Job Done !!

BRILLIANT, really REALLY pleased 😀 😀 xxxxxu

They’ve discontinued, you can go for costs now !!

lloyd323 replied:

So with that reply i guess this is good news!!!! What a merry Christmas this will be! 🙂

So what do i do with this letter? Do i need to reply?

Tiggy replied:

If there’s no consent form attached then I’d just quickly check with the Court that there’s nothing you need do, then frame it 🙂

Applecart1 replied:

I admit I have not read your entire thread – but Well done!!

Don’t abandon your right to claim costs.

Write to the firm of solicitors immediately, acknowledge that you have received the NOTICE OF DISCONTINUANCE and send them a schedule of your costs for time spent and wasted.

CPR Rule 44 Applies now – Yippee!!

Cases where costs orders deemed to have been made

44.9

(1) Subject to paragraph (2), where a right to costs arises under –

(a) rule 3.7 (defendant’s right to costs where claim is struck out for non-payment of fees);

(a1) rule 3.7B (sanctions for dishonouring cheque);

(b) rule 36.13(1) or (2) (claimant’s entitlement to costs where a Part 36 offer is accepted); or

(c) rule 38.6 (defendant’s right to costs where claimant discontinues),

a costs order will be deemed to have been made on the standard basis.

The Notice of Discontinuance is the same as the court telling you that as the Defendant – you are justified in sending them a nice bill :mrgreen:

Don’t make a mistake of not claiming what they NOW lawfully OWE you. Include the above CPR rule in your letter when you claim your costs from them, just in case they have forgotten about it 🙄 :ugeek:

Link: https://www.justice.gov.uk/courts/proce … bout-costs

MERRY XMAS!!!

Apple

Applecart1 replied:

I’ve now had chance to read your thread – the Notice of Discontinuance – has it been agreed by the court as yet??

I could not tell from the image you posted if it has been before a Judge yet : (

When and if it is – then you can claim costs under the CPR.

Apple

lloyd323 replied:

Well thank you tiggy.

No apple it has not been confirmed by the court yet but i’m sending letters out in the morning to get this confirmed and then once this has happened i WILL take your advice and do the “CPR Rule 44” i have not read it yet but will certainly will once i receive confirmation. So thank you very much for the advise as i had no clue about CPR Rule 44. 😀 everyone has been such a fantastic help so far. I will inform you of the next piece of information i get when i get it. Seems like after all this stress it has finally taken a step in the right direction. I actually felt like a normal person today! It was great! 😀

iamron32 replied:

Hi. I am new in this forum and i got the same situation with lloyd. my question is about the CPR 18, should i send a letter to the solicitor requesting CPR18 after Acknowledging Service with the intention to defend? should i also send a letter ”I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY IN ANY FORM” together with the CPR18 request? pls help. thank you.

Tiggy replied:

Can you start your own thread please.