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Money claim by Lowell portfolio LTD

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  • #31
    Re: Money claim by Lowell portfolio LTD

    No worries. And don't be stressing about this claim all month ! Everything is sort-out-able xxx
    #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: Money claim by Lowell portfolio LTD

      :stars: thanks ı wıll try not to lol xxx

      Comment


      • #33
        Re: Money claim by Lowell portfolio LTD

        Hi Kati
        I have received a letter back today I have forwarded it to you email for you post on here it seems it was taken out 2010 so 6 years ago please tell me what I have to do now as I only have 14 days to left thank you x

        Comment


        • #34
          Re: Money claim by Lowell portfolio LTD

          Got it [MENTION=87499]Shelly85[/MENTION] xx

          tagging @nemesis45 for advice xx
          Attached Files
          Last edited by Kati; 21st July 2016, 19:07:PM.
          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


          • #35
            Re: Money claim by Lowell portfolio LTD

            Ok that's great Thankyou

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            • #36
              Re: Money claim by Lowell portfolio LTD

              Originally posted by Kati View Post
              Got it @Shelly85 xx

              tagging @nemesis45 for advice xx
              Thank you @Kati.

              A standard letter, but if an agreement or contract is mentioned in the statement of claim then the claimant will have to disclose it if the claim goes forward to a hearing.

              nem
              Last edited by Kati; 21st July 2016, 19:08:PM.

              Comment


              • #37
                Re: Money claim by Lowell portfolio LTD

                ok sorry i dont know what to do next then what does this mean thank you

                Comment


                • #38
                  Re: Money claim by Lowell portfolio LTD

                  Originally posted by Shelly85enes View Post
                  ok sorry i dont know what to do next then what does this mean thank you

                  @nemesis45

                  Comment


                  • #39
                    Re: Money claim by Lowell portfolio LTD

                    Originally posted by Shelly85enes View Post
                    ok sorry i dont know what to do next then what does this mean thank you
                    here's a link to a template defence (http://legalbeagles.info/forums/show...t-Court-Claims) have a go at adapting it for your claim and post it up on here 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


                    • #40
                      Re: Money claim by Lowell portfolio LTD

                      letter received after claim form and defence draft [MENTION=55034]nemesis45[/MENTION] xx
                      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


                      • #41
                        Re: Money claim by Lowell portfolio LTD

                        how are theses uersmiley: number 5 on the defence letter i was unsure of xx

                        Comment


                        • #42
                          Re: Money claim by Lowell portfolio LTD

                          Originally posted by Kati View Post
                          letter received after claim form and defence draft @nemesis45 xx
                          Not the first time in the last few weeks the Letter of Claim/ Notice of Issue has turned up after the claim has been issued and progressed my feeling is this is just general incompetence arising from lack of supervision of trainee paralegals there seems to be no leadership or guidance from a qualified member of staff.

                          nem

                          Comment


                          • #43
                            Re: Money claim by Lowell portfolio LTD

                            Originally posted by nemesis45 View Post
                            Not the first time in the last few weeks the Letter of Claim/ Notice of Issue has turned up after the claim has been issued and progressed my feeling is this is just general incompetence arising from lack of supervision of trainee paralegals there seems to be no leadership or guidance from a qualified member of staff.

                            nem

                            yes very bad i thought to. so should ı mentıon this ın the defence letter ...
                            also number 5 ın the defence letter how should that be or should i leave ıt as ıt ıs..
                            ıf so ıs ıt ready to send.
                            and who do ı send ıt to now thank you xx

                            Comment


                            • #44
                              Re: Money claim by Lowell portfolio LTD

                              Originally posted by Kati View Post
                              letter received after claim form and defence draft @nemesis45 xx
                              [MENTION=49370]Kati[/MENTION]
                              Good morning Kati.
                              My security software says that the defence attachment is blocked due to a " risk"???? Is there a way round this?

                              Nemxx

                              Comment


                              • #45
                                Re: Money claim by Lowell portfolio LTD

                                Originally posted by nemesis45 View Post
                                @Kati
                                Good morning Kati.
                                My security software says that the defence attachment is blocked due to a " risk"???? Is there a way round this?

                                Nemxx
                                try this


                                IN THE NORTHAMPTOM COUNTY COURT (CCBC) CASE NO:XXXXXXXXX



                                LOWELL Solicitors CLAIMANT
                                And
                                XXXXXXXXXXX DEFENDANT









                                Defence



                                1: I received the claim XXXXXXXXfrom the LOWELLSOLICTORS Northampton County Court on
                                05/07/2016

                                2: Each and every allegation in theClaimants statement of case is denied unless specifically admitted inthis Defence.

                                3: This claim is for 02 uk ltd mobiletelephone contrak agreement regulated under the Consumer CreditAct 1974.

                                4: The claimants statement of case fails to giveadequate information to enable me to properly assess my position withregards the claim.

                                [5. The particulars of claimfail to state when the agreement was entered into.]

                                6.The Claimants statement of case states that the account was assignedfrom o2uk LT account to lowell porfolio 1ltd on 16th may 2016 The Defendant does notrecall receiving notice of this assignment.

                                7. It isdenied that lowell portfolio 1 ltd served any Defaultnotice on the Defendant pursuant to s87 Consumer Credit Act 1974. TheClaimant is required to prove that a compliant Default Notice wasserved upon the Defendant.

                                8: On the 7th July2016 I sent a request for inspection of documents mentionedin the claimants statement of case under Civil Procedure Rule 31.14to LOWELL SOLICTORS I requested the Claimant providecopies of the [Agreement, Default Notice and Notice ofAssignment] .

                                9. LOWELL SOLICTORS hasnot sent any of these documents to me.

                                10. On the 7thJuly 2016 I sent a formal request for a copy of the originalagreement to 02 uk (ltd) pursuant to section [77or 78] of the Consumer Credit Act 1974 along with thestatutory £1 fee.

                                11. The Claimant has failed to complywith [s77 (1) / s 78 (1)] Consumer Credit Act 1974and by virtue of [s77 (4) / s 78 (6)] ConsumerCredit Act 1974 cannot enforce the agreement.



                                [12: I have asked the Claimant if we may agree to extend the timeperiod allowed for filing of my defence pending receipt of documents(as allowed under CPR 15.5), but they have declined.] or [TheParties agreed to an extension tothe time period allowed for filingof my defence under CPR 15.5 to allow the Claimants additional timeto produce the relevant documentation to evidence their claim,however they have failed to do so.]

                                13. Under Civil Procedure Rule 16.5 (4) Where the claimincludes a money claim, a defendant shall be taken to require thatany allegation relating to the amount of money claimed be provedunless he expressly admits the allegation. Therefore It is expectedthat the Claimant be required to prove the allegation that the moneyis owed as claimed.

                                14. I request the court orders theClaimants to provide the necessary documentation in order for me tofully plead my case else the Claim should stand struck out.

                                15.In the event that the relevant documents are received from theClaimants I will then be in a position to amend my defence, and wouldask that the Claimants bear the costs of the amendment.

                                16.It is denied that the Claimant is entitled to the relief as claimedor at all.

                                Statement of Truth

                                TheDefendant believes that the facts stated in this Defence aretrue.


                                Signed
                                XXXXXXXXXXX

                                Dated
                                22/07/2016


                                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

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