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**DISCONTINUED** Lowell County Court Business Centre Claim

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  • #16
    Re: Lowell County Court Business Centre Claim

    If you could give me an idea today rob it would be much appreciated as I have to submit it today if anyone could give rob a nudge for me? Thanks in advance

    Comment


    • #17
      Re: Lowell County Court Business Centre Claim

      Hi Josh, I will try and have a read at lunch time, in the meantime have you set out the defence properly in the correct format? I still suggest you make two sub-headings so the court can see the issue as to inadequate pleadings and then the main subject body which is the claim itself, but you don't have to its entirely your choice.

      I have attached a template for you to put your defence into and you can email it to the court in case you haven't done so already - make sure to fill in the heading part including the claim number (i suggest all of the heading section is in capitals for consistency).
      Attached Files
      DISCLAIMER: ANY CONTENT I POST IS INTENDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND IS NOT A REPLACEMENT OR SUBSTITUTION FOR LEGAL ADVICE. I MAKE NO REPRESENTATIONS AS TO THE ACCURACY OF MY POSTS NOR DO I ASSUME ANY RESPONSIBILITY. USE OF ANY CONTENT IS SOLELY AT YOUR OWN RISK AND COST AND I ACCEPT NO LIABILITY. YOU SHOULD SEEK INDEPENDENT LEGAL ADVICE BY GOING TO Law Society's Find A Solicitor OR CONTACT YOUR LOCAL Citizen's Advice Bureau.

      Comment


      • #18
        Re: Lowell County Court Business Centre Claim

        I haven't as of yet, I will have a look through at lunch also. I will file it around 5 this evening so if you'll be around then I'm sure I'll have more questions to ask. Should I email it or send it via their website where I awknowlaged the claim?

        Comment


        • #19
          Re: Lowell County Court Business Centre Claim

          You can try and fit it on the defence form online but I am not sure if you will be able to fit it on due to the restricted word count. If not you could send to CCBC@hmcts.gsi.gov.uk and/or send it by post and keep a receipt for proof of postage.
          DISCLAIMER: ANY CONTENT I POST IS INTENDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND IS NOT A REPLACEMENT OR SUBSTITUTION FOR LEGAL ADVICE. I MAKE NO REPRESENTATIONS AS TO THE ACCURACY OF MY POSTS NOR DO I ASSUME ANY RESPONSIBILITY. USE OF ANY CONTENT IS SOLELY AT YOUR OWN RISK AND COST AND I ACCEPT NO LIABILITY. YOU SHOULD SEEK INDEPENDENT LEGAL ADVICE BY GOING TO Law Society's Find A Solicitor OR CONTACT YOUR LOCAL Citizen's Advice Bureau.

          Comment


          • #20
            Re: Lowell County Court Business Centre Claim

            Please find attached my updated Defence. [MENTION=71570]R0b[/MENTION]

            If you could go over this and help me with any tweaking. hopefully everything is where it should be.

            Again thank you for your help
            Attached Files

            Comment


            • #21
              Re: Lowell County Court Business Centre Claim

              most of it all seems appropriate but a few bits of suggested wording place which may help to expand your defence, but you can adapt it to suit whichever way you wish.

              THE INADEQUATE PLEADINGS

              4. The Claimant's statement of case is fundamentally defective and fails to comply with CPR 16.7 and the rules on pleading a claim and is liable to be struck out. [The Defendant put the claimant on notice of these defects in or around [date] yet the Claimant has ignored this and failed to rectify its pleadings. The formulated Particulars of Claim are generalised and vague and in particular, the pleadings fail to identify:

              (a) the date upon which the Defendant entered into the agreement
              (b) details of the agreement
              (c) the date in which it is alleged the claimant failed to maintain the payments
              (d) who gave notice of the assignment and on what date; and
              (e) the Claimant has failed to particularise the damages it seeks.

              5. The Claimant is in the business of purchasing bad debt and is aware of the rules on pleadings. The Defendant will submit that it is prejudiced because there is insufficient details of the claim in order for him to properly consider his position and the Defendant therefore invites the Court the strike out the claim.

              6. In the alternative, the Defendant respectfully asks the Court to make an order that unless the Claimant complies with disclosure of paragraph 4 of the Defence within 14 days, the Claim shall stand as struck out. In the event that the Claimant does comply, the Defendant shall have permission to amend his defence with the Claimant bearing the costs of any amendments.

              THE CLAIM

              For the reasons set out above, it is denied that the Claimant is entitled to the damages claimed or at all.

              The Defendant will submit that the Claimant's wilful refusal to provide the documents as requested can be taken as an inference that they are not in possession of said documents. In such circumstances, the Claimant's claim is therefore an abuse of process, and the Defendant will refer to the decision of Cook J in Nomura v Granada:

              "the key question must always be whether or not, at the time of issuing a Writ, the claimant was in a position properly to identify the essence of the tort or breach of contract complained of and if given appropriate time to marshall what it knew, to formulate Particulars of Claim. If the claimant was not in a position to do so, then the claimant could have no present intention of prosecuting proceedings, since it had no known basis for doing so ... If a claimant cannot do that which is necessary to prosecute the claim by setting out the basis of it, even in a rudimentary way, a claimant has no business to issue a Claim Form at all "in the hope that something may turn up".

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

              This is just a quick glance at your defence but there are some provisions I don't think are necessary: 7, 12, 13, 18-21 can be amalgamated into 1 or 2 paragraphs, though if you choose to mention it at the beginning no need to repeat it below.

              Other points to note is that the relevant section would likely be s.77 as a fixed term agreement rather than a running account credit though you could mention both since there is insufficient detail and if it was stated on your request letter.

              I would amend para 17 at the beginning with reference to para 13.

              No need to put capitals in the middle of sentences, lowercase is fine and also no need for bold words either. The defence should be seen as a professional document and presentation does count when it comes before a judge.

              don't use "I" but use Defendant / Claimant instead

              If you intend on using some of the above, you may need to amend some paragraphs so have a good read of them and see if it fits/makes sense. Other people may add their own views.

              Hope that helps
              Last edited by R0b; 17th February 2017, 10:25:AM.
              DISCLAIMER: ANY CONTENT I POST IS INTENDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND IS NOT A REPLACEMENT OR SUBSTITUTION FOR LEGAL ADVICE. I MAKE NO REPRESENTATIONS AS TO THE ACCURACY OF MY POSTS NOR DO I ASSUME ANY RESPONSIBILITY. USE OF ANY CONTENT IS SOLELY AT YOUR OWN RISK AND COST AND I ACCEPT NO LIABILITY. YOU SHOULD SEEK INDEPENDENT LEGAL ADVICE BY GOING TO Law Society's Find A Solicitor OR CONTACT YOUR LOCAL Citizen's Advice Bureau.

              Comment


              • #22
                Re: Lowell County Court Business Centre Claim

                Hi Rob ive had a look over your points and hope this looks better?
                [MENTION=71570]R0b[/MENTION]
                Attached Files

                Comment


                • #23
                  Re: Lowell County Court Business Centre Claim

                  I have amended the capitals of ANY in para 14.

                  Comment


                  • #24
                    Re: Lowell County Court Business Centre Claim

                    Im hoping its not going to need much work as i doubt ill be able to put it up again i have about 20-30minutes before i have to leave so will need to submit it by then.

                    I appreciate everything your doing to help me out here Rob!

                    Comment


                    • #25
                      Re: Lowell County Court Business Centre Claim

                      Originally posted by R0b View Post
                      You can try and fit it on the defence form online but I am not sure if you will be able to fit it on due to the restricted word count. If not you could send to CCBC@hmcts.gsi.gov.uk and/or send it by post and keep a receipt for proof of postage.
                      Regarding the subject in the email what shall i put? the Claim No?
                      Shall i attach it as a PDF or send just as plain text in an email?

                      Also do i need to do anything with my account at moneyclaim.gov? shall i put in the defence box online that i sent by email or just leave it at that?

                      Comment


                      • #26
                        Re: Lowell County Court Business Centre Claim

                        In the subject I would usually go with "Claimant v Defendant - Claim No. XXXX" and in the body you can provide a covering statement that it is a defence. PDF is fine and would recommend sending it by PDF because you need to sign the defence anyway.

                        I Had a quick look at your new defence, I can still see at para. 13 there is bold wording

                        Para. 10 repeats para. 3 so take out para 10.

                        Para. 11 has wording in bold and question marks, they need to be amended too.

                        I would bring up the statement of truth so its at the bottom of the page and not over two pages.

                        If you filing by email you don't need to do it online if it doesn't fit, MCOL will update it.

                        You may be wise to send Lowell a copy of the Defence too and confirm to them it has been filed.
                        DISCLAIMER: ANY CONTENT I POST IS INTENDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND IS NOT A REPLACEMENT OR SUBSTITUTION FOR LEGAL ADVICE. I MAKE NO REPRESENTATIONS AS TO THE ACCURACY OF MY POSTS NOR DO I ASSUME ANY RESPONSIBILITY. USE OF ANY CONTENT IS SOLELY AT YOUR OWN RISK AND COST AND I ACCEPT NO LIABILITY. YOU SHOULD SEEK INDEPENDENT LEGAL ADVICE BY GOING TO Law Society's Find A Solicitor OR CONTACT YOUR LOCAL Citizen's Advice Bureau.

                        Comment


                        • #27
                          Re: Lowell County Court Business Centre Claim

                          Morning [MENTION=71570]R0b[/MENTION]
                          sorry for the late reply, unfortunately I didn't get your last reply before I submitted my defence so therefore it was left as it was without the bold and "?".
                          monday I received this questionnaire form which I've attached.
                          i also received one from Lowell which I will attach below. I need to get this sent out in the post before the 13th
                          im guessing I fill in my part then photocopy and send Lowell a copy too?
                          where does this go from here? I've read another thread you helped someone in and they submitted there's and the judge requested the original paper work from Lowell will this be the same case?
                          Attached Files

                          Comment


                          • #28
                            Re: Lowell County Court Business Centre Claim

                            I know your probably a busy man [MENTION=71570]R0b[/MENTION] hope you can reply to this soon.

                            Thank you in advance

                            Comment


                            • #29
                              Re: Lowell County Court Business Centre Claim

                              Hi guys, would really appreciate some help on this one can someone give [MENTION=71570]R0b[/MENTION] a nudge?

                              Comment


                              • #30
                                Re: Lowell County Court Business Centre Claim

                                Hi Josh sorry, when is the deadline for completing the DQ, 13 March?

                                I'm not sure which thread you mean, but I can only think that I suggested special directions from the judge - it doesn't always work as each judge goes about things in their own way, or they may say you need to make an application but you can attach a draft order with a covering letter and try asking for special directions for Lowell to provide the documents within 14 days or the claim will stand as struck out/dismissed.

                                Depending on what you are asking the court to do, your draft order may differ from others posted on here.
                                DISCLAIMER: ANY CONTENT I POST IS INTENDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND IS NOT A REPLACEMENT OR SUBSTITUTION FOR LEGAL ADVICE. I MAKE NO REPRESENTATIONS AS TO THE ACCURACY OF MY POSTS NOR DO I ASSUME ANY RESPONSIBILITY. USE OF ANY CONTENT IS SOLELY AT YOUR OWN RISK AND COST AND I ACCEPT NO LIABILITY. YOU SHOULD SEEK INDEPENDENT LEGAL ADVICE BY GOING TO Law Society's Find A Solicitor OR CONTACT YOUR LOCAL Citizen's Advice Bureau.

                                Comment

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