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*** DISCONTINUED *** Catalogue debt

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  • #46
    Re: Catalogue debt

    12 February 4 p.m. do it by 4 p.m. 11th February for safety, not before, as it may give them ideas what reasons you listed in your defence they can work on for their advantage i..e. contents of your defence acted upon there and then and possibly corrected therefore your defence would be faulty

    Comment


    • #47
      Re: Catalogue debt

      Originally posted by nafta View Post
      Hi, just been looking at things and was wondering if someone here could double check things for me.
      Claim court papers are dated 10th January 2017. I submitted online intending to defend in full. Letters posted on the 18/01/17. Have just checked tracking and Cohen Solicitors received theirs on the 19/01/17 and Lowell received theirs 20/01/17.

      I know I have 33 days for defence but is this from date on claim papers? based on this dates which date do I have to submit my defence? Also I have not received any replies to my letters. One is within 7 days and the other one 12 working days. Does this mean that If by end of next week I have not received anything I can submit defence or do I have to wait till the very end?
      The chances of response from them is pretty well nil at this stage - their way of doing business, for paperwork they do not have, do not read too much into it at present but shortly you will have the opportunity to mention failures by them>

      Comment


      • #48
        Re: Catalogue debt

        Sorry I have been a bit absent but unfortunately I am also having to deal with an appeal for my husband'd PIP assessment. Just a quick update on this one though. I have not received a thing and I posted both letters on the 18th Jan and I know they were received the 19th one and 20th the other.
        My question is, I am due to submit defence on the 12 but I was adviced to do it a day earlier the 11th, however this is a Saturday? should I submit defence on the Friday 10th?

        nafta

        Comment


        • #49
          Re: Catalogue debt

          Hi, I have not heard at all and I have to submit defence this week. can someone help me with it. Not sure how to go about it? I have till friday but I want to be prepare so I know what to do and there are no last minute hiccups?

          Nafta

          Comment


          • #50
            Re: Catalogue debt

            [MENTION=1937]nemisis[/MENTION]45

            Comment


            • #51
              Re: Catalogue debt

              Originally posted by nafta View Post
              Hi, I have not heard at all and I have to submit defence this week. can someone help me with it. Not sure how to go about it? I have till friday but I want to be prepare so I know what to do and there are no last minute hiccups?

              Nafta
              Hello nafta,

              So still no documents?

              Yes submit on the 11th.

              Take a look at the defence templates in the green box at the top of the" court claim " forum to get an idea of content and format then make a draft and post here then we can go through it with you.
              nem

              Comment


              • #52
                Re: Catalogue debt

                Defence Example

                Comment


                • #53
                  Re: Catalogue debt

                  Thank you all for directing me to the example. Is this something I will see when I log in to submit defence? Because it is a catalogue debt I will be deleting anything that says 77? What is point 12?

                  Comment


                  • #54
                    Re: Catalogue debt

                    Originally posted by nafta View Post
                    Thank you all for directing me to the example.
                    Is this something I will see when I log in to submit defence?
                    No, it is a template example produced by this forum.
                    Adapt it to suit your case & submit it via MCOL, or as an attachment to an email to court, or send via land mail (Using SignedFor post & allowing 2 days for posting).


                    Because it is a catalogue debt I will be deleting anything that says 77?
                    Correct.

                    What is point 12?
                    In the CPR request which you sent, you invited them to extend the court deadline by 28 days.
                    They have not responded, so in effect have not accepted.
                    Adapt para #12 accordingly.
                    ####
                    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


                    • #55
                      Re: Catalogue debt

                      thank you [MENTION=5553]charitynjw[/MENTION] will I be able to attach it when submitting via MCOL? i know it sounds silly but not very familiar with the MCOL

                      Comment


                      • #56
                        Re: Catalogue debt

                        You should be able to......give it a go!
                        I believe you are limited to the number of characters you can submit; if there's a problem, just email it (put [Claimant's name] v [nafta] Court Claim No. XXXXXXXX in subject box), or send via land mail.
                        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


                        • #57
                          Re: Catalogue debt

                          Here is my defence so far...
                          any corrections? I also don't know what to do about point 12?

                          Lowell Portfolio I Ltd v [nafta]
                          Court Claim No. XXXXXXXX




                          1: I received the claim xxxxxxxx from the Northampton County Court Business centre on 10 Jan 2017

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

                          3: This claim is for a Catalogue Account agreement regulated under the Consumer Credit Act 1974.

                          4: It is denied that the Defendant has previously entered into an agreement with Shop Direct 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 particulars of claim fail to state when the agreement was entered into.

                          6. The Claimants statement of case states that the account was assigned from Shop Direct to Lowell Portfolio I Ltd on 12 Feb 2016. The Defendant does not recall receiving notice of this assignment.

                          7. It is denied that Shop Direct served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

                          8: On the 18 Jan 2017 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Cohen Cramer Solicitors. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment .

                          9. Cohen Cramer Solicitors has not sent any of these documents to me.

                          10. On the 18 Jan 2017 I sent a formal request for a copy of the original agreement to Lowell Portfolio I Ltd pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

                          11. The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

                          12: The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.

                          13. 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.

                          14. 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.

                          15. 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.

                          16. 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 …………………………………………
                          Last edited by nafta; 9th February 2017, 13:51:PM.

                          Comment


                          • #58
                            Re: Catalogue debt

                            Hi, have you left your claim number in the first line of your defence?

                            Comment


                            • #59
                              Re: Catalogue debt

                              @Elaineg thanks!
                              So do you think this is all ok? About point 12? what should I do. Will it be ready to submit? should I head it in any other way? Should I also say "to be struck out with prejudice" at this stage?
                              [MENTION=61310]diana[/MENTION]M [MENTION=5553]charitynjw[/MENTION]

                              Comment


                              • #60
                                Re: Catalogue debt

                                About point 12? what should I do.
                                See post #54.
                                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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