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Thread: *** DISCONTINUED *** Catalogue debt

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  1. #51
    nemesis45's Avatar

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    Default Re: Catalogue debt

    Quote 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
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





  2. #52
    MIKE770's Avatar

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    Default Re: Catalogue debt


  3. #53
    nafta's Avatar

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    Default 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?

  4. #54
    charitynjw's Avatar

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    Default Re: Catalogue debt

    Quote 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
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    "They couldn't hit an elephant at this distance!"
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  5. #55
    nafta's Avatar

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    Default Re: Catalogue debt

    thank you @charitynjw will I be able to attach it when submitting via MCOL? i know it sounds silly but not very familiar with the MCOL

  6. #56
    charitynjw's Avatar

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    Default 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

  7. #57
    nafta's Avatar

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    Default 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 at 13:51:PM.

  8. #58
    Elaineg's Avatar

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    Default Re: Catalogue debt

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

  9. #59
    nafta's Avatar

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    Default 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?
    @dianaM @charitynjw

  10. #60
    charitynjw's Avatar

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    Default 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

  11. #61
    nafta's Avatar

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    Default Re: Catalogue debt

    @charitynjw Thank you!! I have now edited that. Do you think it is now ready to go? Should I put he court name at the top? what about the struck out "with prejudice" bit? You mention I could send it by email. Where would I find the address?

  12. #62
    nafta's Avatar

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    Default Re: Catalogue debt

    @dianaM @charitynjw @nemesis45
    I know you are all very busy help many others but if I could have someone answer my last post so I can submit defence?

    thanks
    nafta

  13. #63
    charitynjw's Avatar

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    Default Re: Catalogue debt

    If it were me I'd probably go with the 2nd of your para #4's (unless you are certain that you've never had a Shop D account).
    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. #64
    nafta's Avatar

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    Default Re: Catalogue debt

    Thank you @charitynjw what do you mean with paragraph 4? So about the email address ? I cannot find it on the claim forms? where will I find it? And about the prejudice bit? any thoughts? Sorry about all the little questions but I need to submit and want to make sure it is all done right.

  15. #65
    charitynjw's Avatar

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    Default Re: Catalogue debt

    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

  16. #66
    sloane82's Avatar

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    Default Re: Catalogue debt

    Hi how much is the debt for, and what is it for?

  17. #67
    nafta's Avatar

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    Default Re: Catalogue debt

    @ sloane82 It is for around £9000 a catalogue

  18. #68
    nafta's Avatar

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    Default Re: Catalogue debt

    Quote Originally Posted by charitynjw View Post
    If it were me I'd probably go with the 2nd of your para #4's (unless you are certain that you've never had a Shop D account).
    @charitynjw I still don't understand this point about para#4? I have used the sample template and there is not paragraph 4? IS everything else good to go? I need to submit before 4pm as tomorrow is Saturday?

  19. #69
    MIKE770's Avatar

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    Default Re: Catalogue debt

    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.

    which way are you going????

  20. #70
    Diana M's Avatar

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    Default Re: Catalogue debt

    Quote Originally Posted by nafta View Post
    I need to submit before 4pm as tomorrow is Saturday?
    If your Defence filing deadline falls on a weekend you can file it by 4 pm on the next working day i.e. Monday.

    What is you Defence filing deadline?

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forum’s site rules don’t allow me to give advice by PM but if you need to contact me please email [email protected]. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  21. #71
    MIKE770's Avatar

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    Default Re: Catalogue debt

    4 - para 2 was advice but question you which way you are going???

  22. #72
    nafta's Avatar

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    Default Re: Catalogue debt

    Quote Originally Posted by MIKE770 View Post
    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.

    which way are you going????
    thanks @ MIKE770 The second one.. I cannot see in my defence which point I have to amend? I am sorry maybe I am getting anxious.

    - - - Updated - - -

    Quote Originally Posted by Diana M View Post
    If your Defence filing deadline falls on a weekend you can file it by 4 pm on the next working day i.e. Monday.

    What is you Defence filing deadline?

    Di
    Deadline 12th but advised here to do it on the 11th which is tomorrow Saturday hence thinking of doing it today?

  23. #73
    MIKE770's Avatar

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    Default Re: Catalogue debt

    his 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. DELETE THIS ONE????
    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.

    you will see two No 4s delete the 1st one .

  24. #74
    nafta's Avatar

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    Default Re: Catalogue debt

    Can someone point me to my defence and advice me which point is the one I had to amend? I am sorry I am n ot understanding?

  25. #75
    charitynjw's Avatar

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    Default Re: Catalogue debt

    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.
    Did they?
    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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