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  1. #1
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    Default Lowell DQ stage

    Hi everyone, I would very much appreciate if you could help me through a claim from Lowell that is being made against me. This has been ongoing since October last year. I will cut the long story short, I have filed my defence to include request for CPR 18 for further information and CCA last year asking for deed of assignment and default notice e.t.c. Since then I only received one letter from Lowell with the usual we are requesting your documents bla bla. Anyway the claim was stayed around December time as no contact even till this date has been made from Lowell.

    I received a DQ from the court few days ago dated 1st March bearing in mind that on the moneyclaim site still no contact from Lowell is listed nor have I received any DQ from Lowell, now I am in the understanding that it is best to fill this out agreeing to mediation then when they contact inform the court that I have not been sent the documents I requested thus them returning back to the court.

    I just want to know if there is anything I can do to help me carry on with this with regards to the no communication from Lowell since that last letter back in November informing they are requesting my documents. This debt is not stature barred in anyway it defaulted around June 2015 and the amount is for just over 4000 including court costs.

    I just don't want to make a mistake at this stage that could go against me in anyway. Thanks and I hope I can go on this journey with help from the more informed peeps on this site and get rid of these buggers.

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    Default Re: Lowell DQ stage

    Quote Originally Posted by skinnyg View Post
    Hi everyone, I would very much appreciate if you could help me through a claim from Lowell that is being made against me. This has been ongoing since October last year. I will cut the long story short, I have filed my defence to include request for CPR 18 for further information and CCA last year asking for deed of assignment and default notice e.t.c. Since then I only received one letter from Lowell with the usual we are requesting your documents bla bla. Anyway the claim was stayed around December time as no contact even till this date has been made from Lowell.

    I received a DQ from the court few days ago dated 1st March bearing in mind that on the moneyclaim site still no contact from Lowell is listed nor have I received any DQ from Lowell, now I am in the understanding that it is best to fill this out agreeing to mediation then when they contact inform the court that I have not been sent the documents I requested thus them returning back to the court.

    I just want to know if there is anything I can do to help me carry on with this with regards to the no communication from Lowell since that last letter back in November informing they are requesting my documents. This debt is not stature barred in anyway it defaulted around June 2015 and the amount is for just over 4000 including court costs.

    I just don't want to make a mistake at this stage that could go against me in anyway. Thanks and I hope I can go on this journey with help from the more informed peeps on this site and get rid of these buggers.
    Anybody ?

  3. #3
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    Default Re: Lowell DQ stage

    Hi skinnyg & welcome to LB.

    If that DQ has been issued by the court, you should respond per instructions & by the stated deadline.
    What did you ask for in your CPR 18?
    Did you send a CPR 31.14 request to the Claimant's sols?
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

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    Default Re: Lowell DQ stage

    Quote Originally Posted by charitynjw View Post
    Hi skinnyg & welcome to LB.

    If that DQ has been issued by the court, you should respond per instructions & by the stated deadline.
    What did you ask for in your CPR 18?
    Did you send a CPR 31.14 request to the Claimant's sols?
    Hi and thanks for replying

    Ok, so I just should agree to mediation on the form then?

    In my CPR 18 I used a template modified :

    1.Theagreement, including the specific Terms at the point the allegedAgreement was made and any subsequent changes. You will appreciate byreason of the provisions of CPR 39.a (3.3) requires Theoriginals of the documents contained in the trial bundle, togetherwith copies of any other court orders should be available at thetrial.Further, that any general conditions incorporated in the contractshould also be attached.

    2.Thedeed of assignment and/or the deed of Novation
    3.Thenotice of assignment
    4.Thedefault warning letter
    5.Thedefault notice
    5.1Termination Notice

    This was sent to the solicitors yes, and I also sent a CCA request to Lowell them selfs, Lowell did not reply but the solicitor did back last year, explaining they are looking for the documents e.t.c There is more to the letter of course but those are the specifics I asked for

    Also I noticed on moneyclaim site that there is no communication from lowell, i.e DQ sent to claimant, surely there should be some communication from them :

    Claim HistoryYour defence was submitted on 15/11/2016 at ...


    Your defence was received on 16/11/2016 at ...


    DQ sent to you on 01/03/2017

    Edited times for anonymity

    Last edited by skinnyg; 7th March 2017 at 18:48:PM.

  5. #5
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    Default Re: Lowell DQ stage

    It is usually best to agree to mediation.
    If the Claimant/sols have not provided you with requested disclosure documents, Mediation Service, when they contact you, will probably not be willing to mediate, in which case they will inform the court & the case will proceed accordingly.

    What is the alleged debt for? (Credit card, loan, overdraft, mobile phone etc.).
    Who was the original creditor?
    If possible, could you post up a copy of the Particulars of Claim & your filed defence? (Redact personal identifiers).
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

  6. #6
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    Default Re: Lowell DQ stage

    It is for a credit card of around 3750 but now with added court costs of course so around 4000, the original creditor is Lloyds. The only default I have on my report is from Lowell nothing from Lloyds.

    Here is my original defence :

    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
    £40**.**

    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 **/08/2015' 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 **/08/2015 (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. I would also like to take this opportunity to remind you
    under Civil Procedure Rule Part 39 PD 39a (3.3) any documents upon
    which the claimant intends to rely the ORIGINALS should be brought
    to any subsequent hearing for examination.

    1. On **th October 2016 the Claimant submitted a claim to
    Northampton County Court stating their particulars of claim.

    2. I returned the Acknowledgement of Service on **nd October 2016

    3. On **th October 2016 I wrote to the Claimants Solicitor
    requesting further information and verification of the alleged
    debt and of their alleged assignment, as well as request the
    original documents upon which the claimant intends to rely are
    brought to any subsequent hearing for examination by reason of the
    provisions of CPR 39.a (3.3).

    4. On **th October 2016 I wrote to the Claimant to request a copy
    of the agreement under section 77-79 of the Consumer Credit Act
    for which my request has been ignored.

    5. To date I have not received an acknowledgement of my CPR18 nor
    does it appear any of the requested documents have been
    forthcoming even though the letter of request has been signed for
    as per Royal Mail. I have had no contact with the claimant at any
    time.

    6. The Defendant denies the claim and I have tried to ascertain
    the validity of the alleged claim. However, the Claimant has
    failed to answer any of my questions or respond in a reasonable
    time frame.

    I respectfully request the Claimant's claim be Struck Out due to
    their lack of evidence, or Struck Out with prejudice as the
    agreement is unenforceable due to a lack of an agreement or
    production of requested original documents.

    Statement of Truth

    I believe the facts stated within this defence to be true.

    ********* **/**/2016



    Just trying to dig out the original claim letter with the particular of claims for you also , thank you very much
    Last edited by skinnyg; 7th March 2017 at 19:30:PM.

  7. #7
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    Default Re: Lowell DQ stage

    Was this defence taken from GOODF or a similar site?
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

  8. #8
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    Default Re: Lowell DQ stage

    Yes it was, I have modified some of it though, could this be a bad thing ?

  9. #9
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    Default Re: Lowell DQ stage

    Not entirely.

    Was tripartite novation mentioned in the Particulars of Claim?

    Also, as far as I know, the '99 Unfair Terms regs were superseded by the Consumer Rights Act 2015?
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

  10. #10
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    Default Re: Lowell DQ stage


  11. #11
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    Default Re: Lowell DQ stage

    UTCCRs might be applicable, depends on the date of the agreement.

    The PoC might help.
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

  12. #12
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    Default Re: Lowell DQ stage

    Doh ! Well, the original agreement was in 2011 here are the POC from County Court claim form...
    Attached Images Attached Images

  13. #13
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    Default Re: Lowell DQ stage

    Re the penalty charges, what makes you say that they are/were unfair?
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

  14. #14
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    Default Re: Lowell DQ stage

    I guess my argument would be that I do not recognise any penalty charges on a debt that I do not acknowledge claimed against me from Lowell. I thought these would be in relation to the court charges/interest they are talking about. I can honestly see now I may have slightly messed up on this defence and should of probably come here for help in the first place. I could not get any straight forward help from other sites and ended up winging it a bit myself..

  15. #15
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    Default Re: Lowell DQ stage

    Would you agree? Based on POC, lol ! I mean if this does end up in a hearing but they have no evidence could the favour sway in my way, I think I have left it open for the judge to ask many question in relation to my defence right? I mean there is just too much there ??

  16. #16
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    Default Re: Lowell DQ stage

    Imho, the defence isn't too bad.

    Again re penalty charges, it would depend on how much was charged & what it (they) were for.
    For instance, back in 2006 the OFT (as was) calculated 'fair' default charges, applicable to credit cards, to be (max) £12.

    It might be a tad tricky to state that unfair charges were applied to an agreement while at the same time stating that there was no agreement.......if you see what I mean.
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

  17. #17
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    Default Re: Lowell DQ stage

    Yes I follow you I kind of feel as if I just want to go to a hearing (if it should get that far) and just not say alot, just have the thought process of who are you, where has this claim arrived from, can you prove I owe this money, but as you have just picked that contradiction out then why wouldn't a judge. I guess the bottom line is are Lowell going to get hold of the original statements and CCA agreement, I am just hoping that they are just trying there luck to see if it defaults to a CCJ and if I take it further may end up withdrawing their claim << I can only dream ! Although this has of course happened to others. I really do want to avoid a CCJ if I can though as I am practically 2 years into the default and only have 4 years to go lol ! I would need to fully understand my options of making an agreement with Lowell should they fold there cards with all the documents, and at what point should I try to make an agreement.

    I do have one question though if you don't mind, as this claim was stayed, is it possible that the court can still allocate a DQ out to me without Lowell lifting the claim. I only ask this as it seems to me that Lowell have not made any contact whatsoever. If this is the case, then perhaps the court won't get any contact back from them in regards to the DQ because I am sure they have to fill out one also ?

  18. #18
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    Default Re: Lowell DQ stage

    Last bit first.
    I received a DQ from the court few days ago
    If the stay has not been lifted, the court should not be continuing the case.
    A quick 'phone call to the court to check on the current status might be an idea. (I believe you can also check via MCOL. It sometimes takes them a few days to update their records).

    Bearing in mind that there is £4k(ish) on the table, It wouldn't surprise me if they (Claimant/sols) did try to push this further.
    They may consider it to be a commercially acceptable gamble, especially where the Defendant is a litigant in person.

    That said, they do still have to produce documentation which complies with your CCA request, proof that a compliant CCA s87 Default Notice was sent to you & that there was a legal assignment via s136 Law of Property Act 1925. (I'm assuming, based on many, if not all, of the threads that I've seen in these kind of claims, novation is probably not applicable).

    I also happen to think that you have a right to see the Deed of Assignment. The usual objection is that it is a commercially sensitive document. Personally, I would dispute that; it is an agreement between the assignor & the assignee which may contain terms/conditions that could have implications which might directly affect the debtor. It will be for the judge to decide whether the Deed is a privileged document, not the Claimant or their sols.
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

  19. #19
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    Default Re: Lowell DQ stage

    Yep, got ya ! Well, I will contact the court tomorrow just in case on the slim chance that the stay has not been lifted and could possibly be a mistake, if has been lifted which I agree is the most likely, I will get the DQ sent off tomorrow based on call. I will report back on any updates. I thank you very much for your responses.

  20. #20
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    Default Re: Lowell DQ stage

    Had the call about mediation appointment today obviously it cannot go ahead as I have not received any paper work from the claimant, she did ask if I wanted to delay pushing it forward to a judge to see if I could obtain the information from them I stated that I did not want to. Next step then is to see if Lowell are going to attend a hearing I suppose and if they actually have any evidence.

  21. #21
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    Default Re: Lowell DQ stage

    You may have said but did you actually send a request under S77-79 to the claimant along with the fee of £1 ?

    For a debt of that age , that is the most powerful tool a layman can use, as for the rest I am afraid we start to get technical which is way above my pay grade I'm afraid.

  22. #22
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    Default Re: Lowell DQ stage

    Yes I did send the CCA request, they did not reply to it. I sent that one to Lowell themselves and the CPR 18 request to Lowell Solicitors !

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