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*** DISCONTINUED *** Catalogue debt

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  • #76
    Re: Catalogue debt

    Oh thank you so much for clarifying that, I could not see it! Thank you soo much everyone!! So would it be all ok now to email? I know [MENTION=61310]diana[/MENTION]M has said I can do it Monday but I will be very busy at work that day and I don't want to forget. Do you think I can add the bit about struck out with prejudice so it does not come to float again?

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    • #77
      Re: Catalogue debt

      See Above $73

      Comment


      • #78
        Re: Catalogue debt

        Originally posted by charitynjw View Post
        Did they?
        [MENTION=5553]charitynjw[/MENTION] ....sorry, I sent the letters ad aviced here and have not heard at all? Which one should I therefor choose?

        Comment


        • #79
          Re: Catalogue debt

          Originally posted by charitynjw View Post
          Did they?
          [MENTION=5553]charitynjw[/MENTION] See #54 I followed your advice there....did I misunderstand. I sent CCA and CPR and have had no response to any.

          Comment


          • #80
            Re: Catalogue debt

            apologies for being so pushy but just need to have this done. @ DianaM [MENTION=5553]charitynjw[/MENTION] do I just delete point 12?
            Last edited by nafta; 10th February 2017, 15:36:PM.

            Comment


            • #81
              Re: Catalogue debt

              Originally posted by nafta View Post
              apologies for being so pushy but just need to have this done. @Diana M @charitynjw do I just delete point 12?
              I completely understand your wish to get your Defence filed early (if Monday 4 pm is the deadline) but since this claim is for over £10k you need to get it right or you may be at risk of the other side's legal costs if you lose the case since it's likely to be allocated to the Fast Track.

              It's good that you're feeling involved in the task because some people just print off a template and send it without understanding or considering the contents. So feel free to ask as many questions as you like

              Di

              Comment


              • #82
                Re: Catalogue debt

                Originally posted by Diana M View Post
                I completely understand your wish to get your Defence filed early (if Monday 4 pm is the deadline) but since this claim is for over £10k you need to get it right or you may be at risk of the other side's legal costs if you lose the case since it's likely to be allocated to the Fast Track.

                It's good that you're feeling involved in the task because some people just print off a template and send it without understanding or considering the contents. So feel free to ask as many questions as you like

                Di
                [MENTION=61310]diana[/MENTION]M thank you so much! I have used the Template given and deleted the options I though I did not need. However I need to know each point is correct and nothing is missing or wrong. I know about point 4 as [MENTION=3599]MIKE770[/MENTION] nicely helped me clarify it. However there is a query about point 12 which refers to advice in post#54 I might have misunderstood.
                I wrote and sent the two letters as advice in here and have note heard a thing. nothing. Does point 12 apply? if it does which part does? are all the other point good to go? I have read here that struck out with prejudice means that they can never bring it back? Is this correct? should I put that on my defence?

                Many thanks again!!

                Comment


                • #83
                  Re: Catalogue debt

                  Originally posted by nafta View Post
                  apologies for being so pushy but just need to have this done. @ DianaM @charitynjw do I just delete point 12?
                  Did they agree to a 28 day extension?
                  If not (& I can't see from your previous posts that they did), choose the appropriate option for para 12.
                  12: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined
                  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


                  • #84
                    Re: Catalogue debt

                    Originally posted by charitynjw View Post
                    Did they agree to a 28 day extension?
                    If not (& I can't see from your previous posts that they did), choose the appropriate option for para 12.
                    @charitynjw Ok see if I am understanding this one finally. On the CPR 15.5 I did say that if they wanted more time to provide me with this documents they should do this in writing , so I guess I did invite them. But because they have not replied at all it means they have declined. Right? Do all the other points look right? if so I will email this on Monday morning before going to work.


                    Lowell Portfolio I Ltd v nafta
                    Court Claim No. XXXXXXXX




                    1: I received the claim xxxxxxx from the Northampton CountyCourt Business centre on 10 Jan 2017

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

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

                    4: The Claimants statement of case fails to give adequateinformation to enable me to properly assess my position with regards the claim.

                    5. The particulars of claim fail to state when the agreementwas entered into.

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

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

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

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

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

                    11. The Claimant has failed to comply with s 78 (1) ConsumerCredit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannotenforce the agreement.

                    12: I have asked the Claimant if we may agree to extend thetime period allowed for filing of my defence pending receipt of documents (asallowed under CPR 15.5), but they have declined.

                    13. Under Civil Procedure Rule 16.5 (4) Where the claimincludes a money claim, a defendant shall be taken to require that anyallegation relating to the amount of money claimed be proved unless heexpressly admits the allegation. Therefore It is expected that the Claimant berequired to prove the allegation that the money is owed as claimed.

                    14. I request the court orders the Claimants to provide thenecessary documentation in order for me to fully plead my case else the Claimshould stand struck out.

                    15. In the event that the relevant documents are receivedfrom the Claimants I will then be in a position to amend my defence, and wouldask that the Claimants bear the costs of the amendment.

                    16. It is denied that the Claimant is entitled to the reliefas claimed or at all.

                    Statement of Truth

                    The Defendant believes that the facts stated in this Defenceare true.



                    Signed …………………………………………

                    Dated .................................................. ....

                    Comment


                    • #85
                      Re: Catalogue debt

                      Seems ok now, nafta.
                      Some of the wording seems to have run together, so separate them before sending.
                      If you are emailing it to the court, put (Lowell) v (nafta) Court Claim No (XXXXXXXX) in the subject box.
                      & sign & date the statement.
                      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


                      • #86
                        Re: Catalogue debt

                        Originally posted by charitynjw View Post
                        Seems ok now, nafta.
                        sign & date the statement.
                        Silly question but do I just type my name?

                        Comment


                        • #87
                          Re: Catalogue debt

                          legal document = sign

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                          • #88
                            Re: Catalogue debt

                            Originally posted by MIKE770 View Post
                            legal document = sign
                            thanks @ MIKE770 ok so the print sign and scan to send as email?

                            Comment


                            • #89
                              Re: Catalogue debt

                              yes "!"""" Recorded delivery

                              Comment


                              • #90
                                Re: Catalogue debt

                                I am going to send this by email to the address I have been given. It still needs signing by pen right? I know I am being told all this things but [MENTION=87380]Diana M[/MENTION] said I need to make no mistakes . I will send it by email tomorrow morning. I know the defence is right now just double checking this thing about the signature so I can print it and sign it and then scan it. By email I will send it as an attachment? Many thanks to all!!

                                Comment

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