Lowell vs Reiss

[Reiss]

Re: Lowell vs Reiss

Excellent advice will do just that and be patient and see if they come back with anything.

Will keep you all posted of course!

Thanks a million for everything so far.

- - - Updated - - -
[MENTION=5553]charitynjw[/MENTION] Hahahahaha love it!!! lololol

[Reiss]

Re: Lowell vs Reiss

Hi, Everyone hope you are all well!!

Update:

Not heard anything or received anything from Lowell

The Po box address letter has been signed for (NN2 1BU) < (Solicitors lowell)

As for the other address (claimant) nothing has been signed for so they have not received it.

I have put a note on my phone that Defence should be in by 16th October, i will start preparing for that and have it ready for launch.

Kind Regards

[Reiss]

Re: Lowell vs Reiss

Hi all, thought to get this rough version posted before my defence date which will be 28 days on Tuesday 18th October.

Section 4 is incomplete.




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1: I received the claim C3H**** from the Northampton County Court on 20 September 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 a Credit agreement regulated under the Consumer Credit Act 1974.

4: [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.

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 Vanquis to Lowell Portfolio I LTD on 30/08/2012. The Defendant does not recall receiving notice of this assignment.

7. It is denied that Vanquis 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 02/10/2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Lowell Portfolio I LTD. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

9. Lowell Portfolio I LTD has not sent any of these documents to me.

10. On the 02/10/2016 I sent a formal request for a copy of the original agreement to Lowell Portfolio I LTD 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: 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.]

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.

[charitynjw]

Re: Lowell vs Reiss

At first blush

You have two #4's

#8 - Didn't you send the CPR request to the solicitors?

Also, as it's originally Vanquis, I guess it's a credit card debt so s78 CCA would be applicable.(#s 10 & 11)

#12 - either or......delete the one which isn't applicable.

[Reiss]

Re: Lowell vs Reiss

Hi [MENTION=5553]charitynjw[/MENTION] thanks for the rapid response back, yes i did also the CPR and have proof of the postage also.

I have amended the section you mentioned above which looks like this:

#4. i have gone with>> 4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

#8. Should i add anything here?

#10. On the 02/10/2016 I sent a formal request for a copy of the original agreement to Lowell Portfolio I LTD pursuant to section s78 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 Consumer Credit Act 1974 cannot enforce the agreement.

#12. I have not made any contact regarding this or no if they have decline? (is there something i should be doing or enquiring about?)

Thanks for the help really appreciate it

[charitynjw]

Re: Lowell vs Reiss

Hi @charitynjw thanks for the rapid response back, yes i did also the CPR and have proof of the postage also.

I have amended the section you mentioned above which looks like this:

#4. i have gone with>> 4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

4: [It is admitted/denied] that the Defendant has [previously] entered into [an agreement/agreements] with [Original Creditor /Claimant] for provision of credit.
Alter to suit your case.....if you admit entering into the agreement, say so. If not, deny.
The original creditor stated is Vanquis.


5: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

Alter the following numbering.

#8. Should i add anything here?
If sent to Lowell Solicitors, change accordingly.

#10. On the 02/10/2016 I sent a formal request for a copy of the original agreement to Lowell Portfolio I LTD pursuant to section s78 of the Consumer Credit Act 1974 along with the statutory £1 fee.
Ok

#11. The Claimant has failed to comply with s78(1) Consumer Credit Act 1974 and by virtue of s78(6) Consumer Credit Act 1974 cannot enforce the agreement.
Ok, but to dot i's etc I would put these details.

#12. I have not made any contact regarding this or no if they have decline? (is there something i should be doing or enquiring about?)
Not if you have sent our CPR 31.14 request template (or similar) inviting them to the the 28 day extension.
If they have not agreed, use the 'declined' part.
If they did agree but have not sent compliant documents, use that part.
If they have agreed & complied, delete the paragraph & alter numbering.

Thanks for the help really appreciate it

####

[Reiss]

Re: Lowell vs Reiss

Thank you @charitynjw you have definitely made me feel like i am in Year 7 and just got my homework back haha!!

So if approved and all correct when do you recommend to enter this? And is it a simple copy and paste onto MCO?

P.S just to add not heard anything back from them.



1: I received the claim C3H***** from the Northampton County Court on 20 September 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 a Credit agreement regulated under the Consumer Credit Act 1974.

4: It is admitted that the Defendant has previously entered into an agreement with Vanquis 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 Vanquis to Lowell Portfolio I LTD on 30/08/2012. The Defendant does not recall receiving notice of this assignment.

8. It is denied that Vanquis 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 02/10/2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Lowell Portfolio I LTD. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

10. Lowell Portfolio I LTD has not sent any of these documents to me.

11. On the 02/10/2016 I sent a formal request for a copy of the original agreement to Lowell Portfolio I LTD pursuant to section s78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

12. The Claimant has failed to comply with s78(1) Consumer Credit Act 1974 and by virtue of s78(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 declined.

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.

[charitynjw]

Re: Lowell vs Reiss

#8*. Should i add anything here?
If sent to Lowell Solicitors, change accordingly.

*Now #9 & #10 on the amended copy

Don't forget the appropriate header & statement of truth etc per defence example

[Reiss]

Re: Lowell vs Reiss

Thanks [MENTION=5553]charitynjw[/MENTION] i have amended 8. but confused as to what you mean for 9) 10)

8. It is denied that Lowell Portfolio I LTD 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 02/10/2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Lowell Portfolio I LTD. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

10. Lowell Portfolio I LTD has not sent any of these documents to me.

[charitynjw]

Re: Lowell vs Reiss

31.14 requests for disclosure are normally sent to the Claimant's legal representative.

[Reiss]

Re: Lowell vs Reiss

[MENTION=5553]charitynjw[/MENTION] Thank you once again so here is the final copy

1: I received the claim C3H***** from the Northampton County Court on 20 September 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 a Credit agreement regulated under the Consumer Credit Act 1974.


4: It is admitted that the Defendant has previously entered into an agreement with Vanquis 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 Vanquis to Lowell Portfolio I LTD on 30/08/2012. The Defendant does not recall receiving notice of this assignment.

8. It is denied that Lowell Solicitors Limited 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 02/10/2016 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 Notice of Assignment.

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

11. On the 02/10/2016 I sent a formal request for a copy of the original agreement to Lowell Portfolio I LTD pursuant to section s78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

12. The Claimant has failed to comply with s78(1) Consumer Credit Act 1974 and by virtue of s78(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 declined.

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.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.

[charitynjw]

Re: Lowell vs Reiss

I haven't checked the accuracy of any dates.

You might also want to have another look at #8

8. It is denied that Lowell Solicitors Limited 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.

[nemesis45]

Re: Lowell vs Reiss

I haven't checked the accuracy of any dates.

You might also want to have another look at #8

Hi [MENTION=5553]charitynjw[/MENTION]

Good thought, don't know where that actually originated but I see 2 problems.

1. Debt Purchasers ( unless a debt was sold without being defaulted) issue DN's

2. Telecoms service contracts not subject to the provisions of CCA '74 don't require a section 87 DN the practice is for a " Final Invoice " to be sent I believe.

nem

[Reiss]

Re: Lowell vs Reiss

[MENTION=5553]charitynjw[/MENTION] [MENTION=55034]nemesis45[/MENTION] Thanks for the input

I have corrected 8. to Lowell Portfolio I Ltd rather than Lowell Solicitors (if i am correct)
[MENTION=55034]nemesis45[/MENTION] I was issued the Claim Form on the 20 Sep 16, CCA & CPR were both sent recorded delivery on the 5th October 16.

I guess i have to Submit this by tomorrow the latest?

(tomorrow) Tuesday 20th October would be my final day (28 days)

[Reiss]

Re: Lowell vs Reiss

*Correction for 8. Changed name to Vanquis

Sorry my bad