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Re: Received CCJ from Lowell HELP !
Ok quick update , I received a letter fromthe solicitors yesterday saying they're going to contact their client for more information, pretty standard from what I,ve been reading !
I plan to submit my defence on 3/5/2016 but no idea what to put ?
Not heard anything from Lowell regarding the cca request and they,ve definitely received it (signed for)
Thanks
Sent both letters to bw legal and lowell on 18/4/16 by the way and received on the 20/4/16Comment
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Re: Received CCJ from Lowell HELP !
Hi Marra,Originally posted by Marra2 View Post
Have a look at the specimen statement in the green box above it will give you an insight on format and content of a defence.
Also check out some threads with defences on similar claims to yours.
Make a draft and post here then we can go through it with you.
nemComment
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Re: Received CCJ from Lowell HELP !
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1: I received the claim xxxxxx from the Northampton County Court on 5/4/2016
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 Mobile Telecoms Agreement regulated under the Consumer Credit Act 1974.
4: [It is denied that the Defendant has previously entered into an agreement with EE 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 EE to Lowell on 30/09/2010. The Defendant does not recall receiving notice of this assignment.
7. It is denied that EE 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 18/04/2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to BW Legal. I requested the Claimant provide copies of the [Agreement, Default Notice and Notice of Assignment
9. BW Legal has not sent any of these documents to me.
10. On the 18/04/2016 I sent a formal request for a copy of the original agreement to Lowell pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.
11. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] 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 .................................................. ....
How,s this looking ?
Please note I,m not going to give Lowell or BW Legal more time to submit the relevant paper work !Comment
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Re: Received CCJ from Lowell HELP !
Good well done Marra,
You may be told that telecoms agreements are not CCA 1974 regulated But as a regulated agreement is mentioned in the claim you are right to mention it and request a copy.
Just check you have double space between all paras..
Good luck!!
nemComment
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Re: Received CCJ from Lowell HELP !
wonder what they come up with?Comment
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Re: Received CCJ from Lowell HELP !
Lowell solicitors seem to be very confused and/or incompetent ( more so than Carter) Shop Direct accounts stated to be unregulated and telecoms " service contracts" stated to be regulated!!:tinysmile_cry_t:Originally posted by MIKE770 View Post
nemComment
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Re: Received CCJ from Lowell HELP !
Originally posted by nemesis45 View Post
must be kindergarten trainee! hope they continue as they will loose, & old adage Leeds Loosers will standComment
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Re: Received CCJ from Lowell HELP !
Defence submitted today as follows obviously with the correct claim number and signed !
1: I received the claim xxxxxxx from the Northampton County Court on 5/4/2016
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 Mobile Telecoms Agreement regulated under the Consumer Credit Act 1974.
4: It is denied that the Defendant has previously entered into an agreement with EE for provision of credit.
5: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
6. The particulars of claim fail to state when the agreement was entered into.
7. The Claimants statement of case states that the account was assigned from EE to Lowell on 30/09/2010. The Defendant does not recall receiving notice of this assignment.
8. It is denied that EE 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.
9: On the 18/04/2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to BW Legal. I requested the Claimant provide copies of the [Agreement, Default Notice and Notice of Assignment
10. BW Legal has not sent any of these documents to me.
11. On the 18/04/2016 I sent a formal request for a copy of the original agreement to Lowell pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.
12. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.
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
Dated 3/5/2016Comment
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Re: Received CCJ from Lowell HELP !
Quick update [MENTION=55034]nemesis45[/MENTION]
Received letter from court confirming my defence has been submitted on 3rd may and today 17th may received letter from Lowell returning my postal order for £1 and here is what the letter says !
We are in receipt of your written request for a copy of your executed credit agreement under S77(1) and /or 78(1) of the consumer credit act 1974.
Please note that the balance requested for payment is a service agreement and not a credit agreement as defined by the consumer credit act 1974. Our client has no obligation toprovide a signed agreement under the provisions of the act.
In the case of mobile contracts,inserting the sim card and usage of the equipment is taken as acceptance of the terms and conditions of the contract.
Telecommunication accounts can be obtaine by telephone,over the internet and by mail order and , therefore we are not obliged to provide you with a copy of any such agreement. The terms and conditions of the telecommunications contracts are considered binding upon insertion of the sim card.
Therefore please find enclosed your £1 fee which you sent us for information under the consumer credit act 1974.
This account is currently being managed by B.W Legal and we kindly ask you to correspond directly with them regarding this account.
They hold a copy statement of your account which they should send to you shortlyin regards to the consumer credit act 1974.
Yours sincerely
James Crabtree
Customer services manager
Just noticed from this letter they have spelt my name wrong and on the cheque ! So I checked allthe court correspondence and my name is misspelt on every letter even the original claim form !
Thanks in advanceComment
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Re: Received CCJ from Lowell HELP !
Any advice for this or shall I ignore it ?Comment
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Re: Received CCJ from Lowell HELP !
Hello Mara, apologies for the delay in replying just checked and didn't get the tag!Originally posted by Marra2 View Post
Lowell really stupid their particulars pf claim clearly state a " regulated " agreement.
I suggest a formal complaint to Andrew Bartle Lowell's COO copy to the solicitors, there's been to many instances like this for is to be a "clerical error".
nemComment
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Re: Received CCJ from Lowell HELP !
Hi [MENTION=55034]nemesis45[/MENTION] Received letter from solicitors today ,it says " Our client intends to continue with the claim " copy sent to the court which is attached !
I,m confused now they haven't even responded to my defence ????Comment
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Re: Received CCJ from Lowell HELP !
Just been on money claim online and it says DQ was sent to you on 1/6/2016 What is DQ please ? [MENTION=55034]nemesis45[/MENTION]Comment
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