Lowell Portfolio -County Court Business Centre.

[Stu]

Re: Lowell Portfolio -County Court Business Centre.

Dispute in full ... CCA request to the claimant Ie Lowell with £1 postal order with "Statutory fee only" on both sides, dont forget to get a copy of it (Photo maybe) and proof of the posting signed for mail and store safley

[owenccn]

Re: Lowell Portfolio -County Court Business Centre.

I've done CCR.Am now doing the CPR request.
Would this be 8/6/16? I require inspection of documents you mention in your statement of case ahead of filing my defence on XX XXXX 201X.
Also
which of these should i put.My head is spinning reading through the jargon :-( Just worried about getting it wrong
1. Agreement / Contract
2. Default Notice
3. Assignment
4. Formal Demand

[nemesis45]

Re: Lowell Portfolio -County Court Business Centre.

[QUOTE=owenccn;647356]I've done CCR.Am now doing the CPR request.
Would this be 8/6/16? I require inspection of documents you mention in your statement of case ahead of filing my defence on XX XXXX 201X.
Also
which of these should i put.My head is spinning reading through the jargon :-( Just worried about getting it wrong
1. Agreement / Contract
2. Default Notice
3. Assignment
4. Formal Demand Is this actually specified in the POC, if not the sols will most likely pleasure in rejecting the request.

nem

[Kati]

Re: Lowell Portfolio -County Court Business Centre.

I've done CCR.Am now doing the CPR request.
Would this be 8/6/16? I require inspection of documents you mention in your statement of case ahead of filing my defence on XX XXXX 201X.
Also
which of these should i put.My head is spinning reading through the jargon :-( Just worried about getting it wrong
1. Agreement / Contract
2. Default Notice
3. Assignment
4. Formal Demand

You can ask for things mentioned in the PoC:



so ... the AGREEMENT the DEFAULT NOTICE and the ASSIGNMENT XX

[owenccn]

Re: Lowell Portfolio -County Court Business Centre.

Thank you so much.
Where would i find this? then im off to the post office :-) I require inspection of documents you mention in your statement of case ahead of filing my defence on XX XXXX 201X.

You can ask for things mentioned in the PoC:



so ... the AGREEMENT the DEFAULT NOTICE and the ASSIGNMENT XX

- - - Updated - - -

Ah found it 8/6/16...do i sign the letters or just write name? x

[Kati]

Re: Lowell Portfolio -County Court Business Centre.

http://legalbeagles.info/forums/show...ic-information

The image I posted is your PoC (from the claim form I posted earlier ) ... it gets sent to the claimants solicitor xx

[nemesis45]

Re: Lowell Portfolio -County Court Business Centre.

[QUOTE=owenccn;647371]Thank you so much.
Sign the letter or they may be ignored or returned.

Defence due date 28 days from service of the claim.

nem




- - - Updated - - -

[owenccn]

Re: Lowell Portfolio -County Court Business Centre.

Hi not heard anything from Lowells at all.Sent all of the above recorded delivery and photographic evidence of everything sent as well.Its now 2 days until court date and just wondered what i should put in my defence as going to sit and do it today.Is it common for them not to reply with info asked for?many thanks.

[charitynjw]

Re: Lowell Portfolio -County Court Business Centre.

Hi not heard anything from Lowells at all.Sent all of the above recorded delivery and photographic evidence of everything sent as well.Its now 2 days until court date and just wondered what i should put in my defence as going to sit and do it today.
An example of the 'No documents' defence is in the green bits at the top of this thread.
If the Claimant has not responded to the CCA request, they cannot proceed any further with the claim until they do comply.
Have they agreed to a 28-day extension?

Is it common for them not to reply with info asked for?
Fairly common.
many thanks.

You can post up a copy of your defence if you'd like us to give it a look over before sending. (But make sure it is filed at court on time).

[charitynjw]

Re: Lowell Portfolio -County Court Business Centre.

Also, can you remember the last time you paid into this account, or acknowledged it in writing?

[owenccn]

Re: Lowell Portfolio -County Court Business Centre.

Just filling in defense and confused which S? it will be as cant see it on the court form -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
also
Dont understand this.. [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.] or [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.]
Do i just copy and paste the 2nd half as theyve not responded at all.

[Amethyst]

Re: Lowell Portfolio -County Court Business Centre.

Shop Direct is running credit so you would use s.78 s.77 is fixed term - so a loan.

On the extension part - put;

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), to give them opportunity to evidence their claim, but they have failed to respond.

[owenccn]

Re: Lowell Portfolio -County Court Business Centre.

Is this ok so far ?


1: I received the claim ******** from the Northampton County Court on 11/05/2016

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 catalogue agreement regulated under the Consumer Credit Act 1974.

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 on 19/09/2014 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 11/05/2016 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 assignment.

9. Lowell Solicitors Limited has not sent any of these documents to me.

10. On the 11/05/2016 I sent a formal request for a copy of the original agreement to Lowells Portfolio Limited pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with S78 Consumer Credit Act 1974 and by virtue of s78(6) Consumer Credit Act 1974 cannot enforce the agreement.

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), to give them opportunity to evidence their claim, but they have failed to respond.

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. No breakdown or statement of how the sums claims are made up has been provided.

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. The Claimant should have had sight of documents on which it intends to rely before issuing the claim and they have had ample opportunity to provide the documents before the deadline for the filing of this defence.

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 .................................................. ....

[Amethyst]

Re: Lowell Portfolio -County Court Business Centre.

I've amended on your post xxx

[owenccn]

Re: Lowell Portfolio -County Court Business Centre.

I really can't thank you enough. You've helped me so much xx

I've amended on your post xxx