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  • GUIDES & LETTERS

    Shortcuts for Consumer Credit Court Claims.

    Check your dates || PRE-ACTION || First Steps || Acknowledge a Claim || Guides || Example Defence || CCA Request Letter || CPR 31.14 Request Letter || Set Aside Application || Subject Access Request Letter

    If you received a court claim and want to start a new thread in this forum please read THIS POST about your first steps and make a new thread in the forum

    PLEASE DO NOT SEND THINGS WITHOUT READING THEM FIRST. IF YOU DO NOT UNDERSTAND SOMETHING - ASK !! - We LIKE QUESTIONS !!!

    We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
    If your case is over 10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.

    NOTE: If you receive a court claim note these dates in your calendar ...
    Acknowledge Claim - within 14 days from Service
    Defend Claim - within 28 days from Service (IF you acknowledged in time)
    If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.

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Lowell v Hairbear

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  • #16
    Re: Lowell v Hairbear

    Thanks Diana

    I have made a start on the defence it seems very basic but if any one can help I would be very grateful

    1: I received the claim xxxx from the Northampton County Court on xxxx

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

    3: This claim appears to be for a Credit Cardagreement regulated under the Consumer Credit Act 1974.s admitted/denied] that the Defendant has [previously] entered into [an aeement/agreements] with [Original Creditor /Claimant] for provision of credit.

    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 HBOS PLC toLowell Portfolio LTD on24/06/2013. The Defendant does not recall receiving notice of this assignment.

    6. It is denied that HBOS PLC 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.

    7: On the 19/02/2017 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Lowell Solicitors LTD. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

    8. Lowell Solicitors LTDhas not sent The Default Notice or the Notice of Agreement.



    9. 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.

    10. 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.

    11. 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.

    12. 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

    Comment


    • #17
      Re: Lowell v Hairbear

      If anyone geta chance could the have a lookover the defence in my last post

      Thanks

      Hairbear

      Comment


      • #18
        Re: Lowell v Hairbear

        Hi anyone please take the time to look at my defence (2 posts back)

        Comment


        • #19
          Re: Lowell v Hairbear

          Not too sure about #8.
          What haven't they sent?
          The Notice of Assignment or the agreement?
          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

          Comment


          • #20
            Re: Lowell v Hairbear

            Thanks Charitynjw

            Typo should have been Notice of Assignment
            Any other advice

            Thanks
            Hairbear

            Comment


            • #21
              Re: Lowell v Hairbear

              This was the defence I filed


              IN THE NORTHAMPTON COUNTY COURT (CCBC)

              CLAIM NO xxxxxx CLAIMIANT

              AND xxxxxxx DEFENDANT


              1.I received the claim xxxxxxxx from the Northampton County Court

              on 17-02-2017

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

              3. This claim appears to be for a Credit Card agreement regulated
              under the Consumer Credit Act 1974.

              4. I neither admitted nor denied that the Defendant has previously
              entered into an agreement with Egg Banking plc for provision of
              credit.

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

              6. The Claimants statement of case states that the account was
              assigned from HBOS PLC to Lowell Portfolio LTD on 24/06/2013. The
              Defendant does not recall receiving notice of this assignment.

              7. It is denied that HBOS PLC 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 19/02/2017 I sent a request for inspection of documents
              mentioned in the claimants statement of case under Civil Procedure
              Rule 31.14 to Lowell Solicitors LTD. I requested the Claimant
              provide copies of the Agreement, Default Notice and Notice of
              Assignment.

              9. Lowell Solicitors LTD has not sent The Default Notice or the
              Notice of Assignment.


              10. 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.

              11. 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.

              12. 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.

              13. 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.

              Comment


              • #22
                Re: Lowell v Hairbear

                I received this reply from Lowell, I think I now need to negotiate with them any suggestions or links to letters I could use to base a reply on.

                Thanks

                Hairbear
                Attached Files

                Comment


                • #23
                  Re: Lowell v Hairbear

                  I received this reply ( see last post) from Lowell, I think I now need to negotiate with them any suggestions or links to letters I could use to base a reply on.

                  Thanks

                  Hairbear

                  Comment


                  • #24
                    Re: Lowell v Hairbear

                    You have acknowledged the claim and submitted a defence to it haven't you ?

                    That letter is a 'we don't know whats going on' letter which I really wouldn't worry about. They can't just get a CCJ once you have defended - they have to respond to your defence. They do that to the court and then you should hear from the court. Did you get a letter from the court saying ' this is now a defended claim' and details of when the claimant had to respond by ?(28 days). Basically that letter from Lowell is not in response to your defence.

                    They haven't sent you copies of your documents as yet have they ? Stick with it
                    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

                    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                    Comment


                    • #25
                      Re: Lowell v Hairbear

                      Originally posted by Amethyst View Post
                      You have acknowledged the claim and submitted a defence to it haven't you ?

                      That letter is a 'we don't know whats going on' letter which I really wouldn't worry about. They can't just get a CCJ once you have defended - they have to respond to your defence. They do that to the court and then you should hear from the court. Did you get a letter from the court saying ' this is now a defended claim' and details of when the claimant had to respond by ?(28 days). Basically that letter from Lowell is not in response to your defence.

                      They haven't sent you copies of your documents as yet have they ? Stick with it
                      Thanks for your reply Amethyst
                      Recieved the courts confirmation of my defence on March 20th.
                      Lowell still have not sent documents so I will sit tight

                      Thanks for your time and help

                      Hairbear

                      Comment


                      • #26
                        Re: Lowell v Hairbear

                        Good Morning Beagles
                        I have received a letter from the court informing me that
                        Lowell are defending their claim
                        That the case is suitable to the small claims track
                        to fill in the Small Claims Directions Questinaire

                        I still have not received the Default notice

                        Any suggestions

                        Many thanks as always

                        Hairbear

                        Comment


                        • #27
                          Re: Lowell v Hairbear

                          Hi Hairbear

                          Complete & return the DQ by the due date if you have received it from the court.
                          Say 'yes' to mediation.

                          Usually, the next step is that Mediation Services will contact you.

                          In the meantime, familiarise yourself with Brandon v American Express & the importance of a valid DN.
                          http://legalbeagles.info/wp-content/...tober-2011.pdf
                          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

                          Comment


                          • #28
                            Re: Lowell v Hairbear

                            Thank you very much Charity for the advice it is very much appreciated

                            regards Hairbear

                            Comment


                            • #29
                              Re: Lowell v Hairbear

                              Hi Charity and Beagles

                              Just an update,

                              I have been reading Brandon v American Express

                              Section 8 87 A default notice must be served to be able to demand earlier payment

                              If Lowell refuse to provide a default notice does this mean that they have breached the CCA.
                              If the original lender would have normally gone down the default route then I would be entitled to receive one

                              I have also received notification of mediation. One of the questions it asks is have you all the information and documentation you require for the case. If I still have not been provided with the default notice by Lowell could this affect mediation

                              If anyone has any advise on dealing with mediation I would be grateful

                              As always I am so very grateful for all the help and advice

                              Cheers HAIR

                              Comment


                              • #30
                                Re: Lowell v Hairbear

                                Lowells will not have served a s87 DN......that should be via the original creditor.
                                It would be mandatory before they can terminate the agreement for non-payment.

                                However, if Lowells can persuade the Judge that the records show that a DN was sent on XX date, & that the DNs sent out were in YY format, & the DN always allowed for the statutory time needed, then the Judge may accept that, in the balance of probabilities, a compliant one was sent.

                                I have not had dealings with mediation, but I'm led to believe that, if documentation requested has not been sent, Mediation Service deem the case unsuitable for mediation. It is usually referred back to court for further instruction. (Perhaps allocation to a hearing venue, as you have received/returned the DQ.......have you?)
                                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

                                Comment

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