*** DISCONTINUED *** Letter Of Claim BW Legal

[Stu]

Re: Letter Of Claim BW Legal

Ok found the answer to that question...

1. The credit agreement regulated by the Consumer Credit Act 1974 between myself and Shop Direct Finance Company.
2. Notice of Assignment from Shop direct finance company to Lowell Portfolio 1 LTD.
3. Copy of any formal demand before the claim was issued through the county court (Pre action protocol).
4. Full statement of account showing how the sum claimed has been reached.


In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I , as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

Is THIS WHAT i SHOULD BE REQUESTING FOR MY poc

[Kati]

Re: Letter Of Claim BW Legal

right stu ... you can ask for the agreement the default notice and the notice of assignment by the looks of the PoC.

your defence will be due 33 days after the 'date of issue' which gives us (http://www.timeanddate.com/date/date...aw=&ad=33&rec=)

From Tuesday, 10 May 2016

Added 33 days

---

Result: Sunday, 12 June 2016

K xx

[Stu]

Re: Letter Of Claim BW Legal



No mention of extended time limits do I take it as they're not giving any ??

[nemesis45]

Re: Letter Of Claim BW Legal

No mention of extended time limits do I take it as they're not giving any ??

You can ask for an extension if you wish.

The claimant doesn't the documents to enforce the debt and have not asked for an agreed extension they are making a rod for there own backs.

For the CCA 12 +2 Working Days is all they have and the court process will continue as normal.

nem

[Stu]

Re: Letter Of Claim BW Legal

You can ask for an extension if you wish.

The claimant doesn't the documents to enforce the debt and have not asked for an agreed extension they are making a rod for there own backs.

For the CCA 12 +2 Working Days is all they have and the court process will continue as normal.

nem

Im not going to bother asking for the extension Nem if I don't need to just going to wait until end of the week and file the defence if I can file it that quick ??

[Stu]

Re: Letter Of Claim BW Legal

Well their time is up tomorrow for the cca and cpr request... If I was to file my defence tomorrow .. 17 days before its due (Is this advisable?)

This is my defence .. Does it need anything ?
1: I received the claim Claim number ********** from the Northampton County Court on 10th of May 2016


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


3: This claim is for an agreement regulated under the Consumer Credit Act 1974 with shop direct finance company.


4:The last payment or acknowledgment of this debt was made over six years ago and no further acknowledgment or payment has been made since that time. Therefore the accountis Statute Barred under s.5 of the Limitations Act of 1980.


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 Shop Direct finance company to Lowell on 26th of July 2010. The Defendant does not recall receiving notice of this assignment.


8: It is denied that Shop Direct finance company 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 13th of May 2016 I sent a request for inspection of documents mentioned in the claimant's 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 13 of May 2016 I sent a formal request for a copy of the original agreement to Lowell Portfolio 1 pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.


12: 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.


13: 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 failed to respond to my request letter dated 23rd of May 2016. This would have given the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.


14: 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.


15: 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.


16: 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.


17: It is denied that the Claimant is entitled to the relief as claimed or at all.

[nemesis45]

Re: Letter Of Claim BW Legal

Well their time is up tomorrow for the cca and cpr request... If I was to file my defence tomorrow .. 17 days before its due (Is this advisable?)

This is my defence .. Does it need anything ?
1: I received the claim Claim number ********** from the Northampton County Court on 10th of May 2016


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


3: This claim is for an agreement regulated under the Consumer Credit Act 1974 with shop direct finance company.


4:The last payment or acknowledgment of this debt was made over six years ago and no further acknowledgment or payment has been made since that time. Therefore the accountis Statute Barred under s.5 of the Limitations Act of 1980.


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 Shop Direct finance company to Lowell on 26th of July 2010. The Defendant does not recall receiving notice of this assignment.


8: It is denied that Shop Direct finance company 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 13th of May 2016 I sent a request for inspection of documents mentioned in the claimant's 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 13 of May 2016 I sent a formal request for a copy of the original agreement to Lowell Portfolio 1 pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.


12: 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.


13: 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 failed to respond to my request letter dated 23rd of May 2016. This would have given the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.


14: 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.


15: 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.


16: 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.


17: It is denied that the Claimant is entitled to the relief as claimed or at all.

Hello Stu,

Given the history of Lowell finding one off " mystery " payments when a debt is stated to be SB I would submit now it could draw out a response that needs
" investigation"!

nem

[Stu]

Re: Letter Of Claim BW Legal

Cheers Nem, their 12 + 2 is up tomorrow so I will submit it after tomorrow's post then if you think that's best .... Other than that is good to go you think?

[nemesis45]

Re: Letter Of Claim BW Legal

Cheers Nem, their 12 + 2 is up tomorrow so I will submit it after tomorrow's post then if you think that's best .... Other than that is good to go you think?

Yes I think so Stu!

As said one cannot trust Lowell et al they will try to block a stat barred defence if they can.

nem

[Stu]

Re: Letter Of Claim BW Legal

Ok Nem ill get it done one other if I can when I submit my defence I know its not just what I have above don't I have to put Lowell V Stu82 and something else can you advise please buddy

[nemesis45]

Re: Letter Of Claim BW Legal

Ok Nem ill get it done one other if I can when I submit my defence I know its not just what I have above don't I have to put Lowell V Stu82 and something else can you advise please buddy

Header for Defence.

Claim No................................


Between ........................................ Claimant


and

Stu82 .................................................. ....Defendant.

nem

[Stu]

Re: Letter Of Claim BW Legal

Any advise on a problem I may have caused...

I sent CCA request 13th May no responce from them 12+2 after the date of sending so I filled my defence yesterday 28th but it came to light after reading another thread yesterday that the 12+ 2 doesn't start until claimant receives the request..

they didn't receive it until the 17th when it was signed for is this a major issue or no issue at all ??

[Amethyst]

Re: Letter Of Claim BW Legal

By the time the claimant has received the defence it is likely to be past the 12+2 days anyway, and to be honest the 12+2 is irrelevant in court proceedings as they can come up with the documents at any point up to judgment, just while they remain in default of the request ( from day 12+2 onwards - which is why we send as early as possible in the court process) they cannot enforce ( ie get a judgment).

[Stu]

Re: Letter Of Claim BW Legal

Brilliant thanks for the info Amethyst was a tad worried but mind at ease now ....

[charitynjw]

Re: Letter Of Claim BW Legal

Any advise on a problem I may have caused...

I sent CCA request 13th May no responce from them 12+2 after the date of sending so I filled my defence yesterday 28th but it came to light after reading another thread yesterday that the 12+ 2 doesn't start until claimant receives the request..
Can you remember where you read this?

they didn't receive it until the 17th when it was signed for is this a major issue or no issue at all ??

Hi stu

CPR 6 & associated PD gives deemed service as 2 business days.
However, if the contrary can be proven, I would hazard a guess that the proven date would be the relevant one.