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*** DISCONTINUED*** Help.. Received a Claim form!

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  • #31
    Re: Help.. Received a Claim form!

    okay dated 10th Dec - your defence is due next tuesday xxx Tuesday, 12 January 2016
    #staysafestayhome

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

    Received a Court Claim? Read >>>>> First Steps

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    • #32
      Re: Help.. Received a Claim form!

      [MENTION=6]Amethyst[/MENTION] thanks for clearing that up for me, can't thank you guys enough wouldn't have first clue what do do without this site
      For now should i just keep trying to get hold of the court to see what actions Lowell have taken? (tried again a few times this afternoon but again no luck in getting through)
      Matt

      Comment


      • #33
        Re: Help.. Received a Claim form!

        Originally posted by mattty View Post
        @Amethyst thanks for clearing that up for me, can't thank you guys enough wouldn't have first clue what do do without this site
        For now should i just keep trying to get hold of the court to see what actions Lowell have taken? (tried again a few times this afternoon but again no luck in getting through)
        Matt
        Try the court office just before 1000hrs Matty.


        nem

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        • #34
          Re: Help.. Received a Claim form!

          Morning @Amethyst and @nemesis45
          I just managed to get through to the court and got through to the most cold sounding woman ever. This is what was said....

          Me: Hi i have had a claim form and have acknowledged online,i was just wondering if you could tell me what actions Lowell/Lowell solicitors have taken so far?
          Lady(after taking claim number ect) Hi, can you explain what you mean?
          Me: Well after requesting cca and cpr from them i have not received anything back/no communication at all,so i was wondering if you could tell me if they have taken any actions i don't know about?
          Lady: Well your not going to get anything because you have not submitted your defence yet, you have until 4pm tuesday 12th to do so.

          Pretty much end of conversation as i didn't really know what to ask after that. i am now confused..help??
          Matt

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          • #35
            Re: Help.. Received a Claim form!

            [QUOTE=mattty;608285]Morning @Amethyst and @nemesis45
            I just managed to get through to the court and got through to the most cold sounding woman ever. This is what was said....

            Me: Hi i have had a claim form and have acknowledged online,i was just wondering if you could tell me what actions Lowell/Lowell solicitors have taken so far?
            Lady(after taking claim number ect) Hi, can you explain what you mean?

            Seems like nothing has been submitted nor has the claim been stayed, which would be flagged up immediately

            The debt remains unenforceable until the agreement is produced, the non compliance with
            the CCA request forms part of your defence.

            nem

            Comment


            • #36
              Re: Help.. Received a Claim form!

              Thanks [MENTION=55034]nemesis45[/MENTION] she wasn't exactly the nicest person to speak to, must of had a bad morning haha
              Okay guessing if nothing has been submitted or the claim has not been stayed (not sure what that means) then that is a good thing for me?
              Could i be cheeky and ask if you could help me write a defence? or is it just a case of just writing to say that the debt remains unenforceable until the agreement is produced, and had non compliance with cca/cpr requests? Sorry just don't want to sound as if i don't know what i am talking about (even though is slightly don't haha)
              Matt

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              • #37
                Re: Help.. Received a Claim form!

                Originally posted by mattty View Post
                Thanks @nemesis45 she wasn't exactly the nicest person to speak to, must of had a bad morning haha
                Okay guessing if nothing has been submitted or the claim has not been stayed (not sure what that means) then that is a good thing for me?
                Could i be cheeky and ask if you could help me write a defence? or is it just a case of just writing to say that the debt remains unenforceable until the agreement is produced, and had non compliance with cca/cpr requests? Sorry just don't want to sound as if i don't know what i am talking about (even though is slightly don't haha)







                Matt
                OK Matty of course I'll help with a defence, now if you take a look at some threads with
                defences to get some idea of the content and format then compose a rough draft which
                we can work on, it's important that you understand what it all means as a judge may well
                ask to clarify points.

                The experience with the court clerk is unusual there are mostly very polite and helpful I find.

                nem.

                Comment


                • #38
                  Re: Help.. Received a Claim form!

                  Thanks [MENTION=55034]nemesis45[/MENTION], i will sit down this evening and have a good look through and get back to you.
                  Matt

                  Comment


                  • #39
                    Re: Help.. Received a Claim form!

                    Originally posted by mattty View Post
                    Thanks @nemesis45, i will sit down this evening and have a good look through and get back to you.
                    Matt
                    Ok Matty!
                    nem

                    Comment


                    • #40
                      Re: Help.. Received a Claim form!

                      Hi...I have had a go at a defence using some info from here...

                      - - - Updated - - -

                      sorry pressed send too soon haha i think i have got a bit muddles at question 4 and 11? Thanks
                      Matt:help:
                      Also here is a copy of the particulars of the claim
                      Attached Files

                      Comment


                      • #41
                        Re: Help.. Received a Claim form!

                        OK Matt give me a nudge when you have a draft.

                        nem

                        Comment


                        • #42
                          Re: Help.. Received a Claim form!

                          Thanks [MENTION=55034]nemesis45[/MENTION] i though i had attached it when i sent the pic of particulars of claim but here it is again just in case
                          Attached Files

                          Comment


                          • #43
                            Re: Help.. Received a Claim form!

                            Originally posted by mattty View Post
                            Thanks @nemesis45 i though i had attached it when i sent the pic of particulars of claim but here it is again just in case
                            Is it me, but I can't open the attachment!

                            nem

                            Comment


                            • #44
                              Re: Help.. Received a Claim form!

                              @nemesis45 i have no idea why it wont let you open it but have copied and pasted below....

                              1: I received the claim ............... from Northampton County Court on 12/12/15.
                              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 Catalogue Account agreement regulated under the Consumer Credit Act 1974.
                              4: It is denied that the Defendant has previously entered into an agreement with Lowell portfolio(or do i put Grattan here) 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 Grattan plc to Lowell portfolio on 26/06/13. The Defendant does not recall receiving notice of this assignment.
                              7. It is denied that Grattan 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 16/12/15 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Lowell solicitors limited. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment .
                              9. Lowell solicitors limited have not sent any of these documents to me.
                              10. On the 16/12/15 I also sent a formal request for a copy of the original agreement to Lowell portfolio 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 Consumer Credit Act 1974 and by virtue of s 78 Consumer Credit Act 1974 cannot enforce the agreement.
                              12. 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.
                              13. 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.
                              14. 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.
                              15. 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 …………………………………………


                              Dated .................................................. ....
                              Last edited by mattty; 9th January 2016, 10:56:AM.

                              Comment


                              • #45
                                Re: Help.. Received a Claim form!

                                Ok Matty,

                                I'll go through the defence in the morning, getting a bit square eyed been a long day.

                                nem

                                Comment

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