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Lowell/shop direct court paper ...what next

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  • #16
    Re: Lowell/shop direct court paper ...what next

    ....
    Attached Files
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

    ~~~~~

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

    I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
    But please include a link to your thread so I know who you are.

    Specialist advice can be sought via our sister site JustBeagle

    Comment


    • #17
      Re: Lowell/shop direct court paper ...what next

      Originally posted by Kati View Post
      email them to me with a link top this thread and I'll put them up (kati@legalbeagles.info)

      33 days from date of issue ... we usually use this site to check dates - http://www.timeanddate.com/date/dateadd.html

      First steps are here http://legalbeagles.info/forums/show...it-Court-Claim



      tagging @nemesis45 xx
      Good Morning Kat & Maid Marian,

      I look out for the document (s) and go from there.

      nem

      Comment


      • #18
        Re: Lowell/shop direct court paper ...what next

        Originally posted by nemesis45 View Post
        Good Morning Kat & Maid Marian,

        I look out for the document (s) and go from there.

        nem
        I must have been posting them as you were typing Nem ... they're at post #17 xx
        Debt is like any other trap, easy enough to get into, but hard enough to get out of.

        It doesn't matter where your journey begins, so long as you begin it...

        recte agens confido

        ~~~~~

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

        I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
        But please include a link to your thread so I know who you are.

        Specialist advice can be sought via our sister site JustBeagle

        Comment


        • #19
          Re: Lowell/shop direct court paper ...what next

          Originally posted by Kati View Post
          I must have been posting them as you were typing Nem ... they're at post #17 xx
          Thanks @Kati

          Just had a download of the latest W10 on this computer it took 2hrs+ now all e-mails received since 0945 have not been transferred so if anyone is waiting for a reply from me please tag [MENTION=55034]nemesis45[/MENTION] and I'll pick it up.

          nem
          Last edited by Kati; 7th June 2016, 16:10:PM.

          Comment


          • #20
            Re: Lowell/shop direct court paper ...what next

            Thanks - so the claim was done on the 10th shall I wait until 12th to do my defence ?

            Comment


            • #21
              Re: Lowell/shop direct court paper ...what next

              Originally posted by màid_Màrián View Post
              Thanks - so the claim was done on the 10th shall I wait until 12th to do my defence ?
              You can submit now as it's best to allow a little extra time for the post.

              nem

              Comment


              • #22
                Re: Lowell/shop direct court paper ...what next

                Thanks - so the claim was done on the 10th shall I wait until 12th to do my defence ?

                Comment


                • #23
                  Re: Lowell/shop direct court paper ...what next

                  Ok Guys this is what I have so far ...is it ok ??? please note I took section 5 out as I wasn't sure what to put??? I will put something pending your advice or leave it out and amend other numbers lol ...does this cover it ? **iv removed claim numbers lol ..also do I hand sign it or put a font ? Thanks

                  1. 1: I received the claim ****** from the Northampton County Court on 12/05/2016

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

                    3: This claim is for £1196.95a home shoppingagreement regulated under the Consumer Credit Act 1974.[It is admitted/denied] that the Defendant has [previously] entered into [an agreement/agreements] with [Original Creditor /Claimant] 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.


                    6. The Claimants statement of case states that the account was assigned from Shop Direct Finance to Lowell Portfolio on 26/05/2016. The Defendant does not recall receiving notice of this assignment.

                    7. It is denied that Shop Direct Finance 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 14/05/2016 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 14/05/2016I sent a formal request for a copy of the original agreement to Lowell Portfolio Ltdpursuant to section 77-79 of the Consumer Credit Act 1974 along with the statutory £1 fee.

                    11. The Claimant has failed to comply with section 77-79 Consumer Credit Act 1974 and by virtue of section 77-79 Consumer Credit Act 1974 cannot enforce the agreement.

                    12: I have asked the Claimants solicitors 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.

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

                  Comment


                  • #24
                    Re: Lowell/shop direct court paper ...what next

                    OK also ... iv just looked at the claim for ... do I write my defence on here or print it out and attach it ? Thanks

                    Comment


                    • #25
                      Re: Lowell/shop direct court paper ...what next

                      Originally posted by màid_Màrián View Post
                      Thanks - so the claim was done on the 10th shall I wait until 12th to do my defence ?
                      Anytime, but make sure that you allow for weekend postal delays.

                      nem

                      Comment


                      • #26
                        Re: Lowell/shop direct court paper ...what next

                        Hi nem IS what iv typed out look OK? And do I hand write it out or print and send with court form ?

                        Comment


                        • #27
                          Re: Lowell/shop direct court paper ...what next

                          Originally posted by màid_Màrián View Post
                          OK also ... iv just looked at the claim for ... do I write my defence on here or print it out and attach it ? Thanks
                          Print out and send to the court by signed for post.
                          nem

                          Comment


                          • #28
                            Re: Lowell/shop direct court paper ...what next

                            That's what I thought - thanks will keep you all updated you've been a huge help

                            Comment


                            • #29
                              Re: Lowell/shop direct court paper ...what next

                              Ok i'm going to post today - can someone please please read what id put for my deence above and confirm its ok ?? I am correct using 77-79 in points 10 + 11 yes ?? I don't want to get this wrong lol

                              Comment


                              • #30
                                Re: Lowell/shop direct court paper ...what next

                                Hi guys, so I posed all my defence off and recieved a letter dated 13th June from the court saying the recieved and would inform the claimant.

                                Today (18th) I recieved a letter dated 15th from BW legal stating the client (lowell) wishes to continue with the case

                                What's next ?

                                Thanks

                                Comment

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