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Claim form Northampton county court business centre

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  • #31
    Re: Claim form Northampton county court business centre

    Ok I'll give it a look over and see what I can come up with.
    Cheers Ben

    Comment


    • #32
      Re: Claim form Northampton county court business centre

      Here's a copy of the cca related template with my particulars

      1: I received the claim C1HK6*** from the Northampton County Court on 10/12/2016

      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 Account agreement regulated under the Consumer Credit Act 1974.
      /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 shopdirect to Lowell portfolio ltd on 13/1/2012. The Defendant does not recall receiving notice of this assignment.

      7. It is denied that shopdirect 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 21/12/2016 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.

      9. Lowell solicitors limited have not sent any of these documents to me.

      10. On the 21/12/2016 I sent a formal request for a copy of the original agreement to Lowell portfolio ltd pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

      11. 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.


      12. 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.

      13. 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.

      14. 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.

      15. 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


      • #33
        Re: Claim form Northampton county court business centre

        Hi Ben & Happy New Year to you.

        When did you last pay into or acknowledge the debt (in writing)?
        Do you have the original documentation? (Agreement, T&Cs etc)?
        If not, a SAR to the original creditor might be useful.
        CAVEAT LECTOR

        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb


        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.


        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

        Comment


        • #34
          Re: Claim form Northampton county court business centre

          Good afternoon charity, and the same to you.
          As for the documentation in regards to the account, I have moved address several times since these dates so unfortunately not. As paying again I have no idea... other than to have a look over on the noddle website to see if it has dates of the last payment otherwise again clueless.
          Thanks Ben

          Comment


          • #35
            Re: Claim form Northampton county court business centre

            Good afternoon again, upon looking at the noddle website it seems it has never been paid as it's defaulted from 1/2012.

            Thanks Ben
            Last edited by Go1denboi89; 3rd January 2017, 21:19:PM.

            Comment


            • #36
              Re: Claim form Northampton county court business centre

              Good evening I have just checked the postage status of the the cpr request and it's showing still progressing through the Royal Mail network. Will this effect my defence? As I it seems it hasn't been received by the claimant. Thanks Ben

              Comment


              • #37
                Re: Claim form Northampton county court business centre

                Originally posted by Go1denboi89 View Post
                Good evening I have just checked the postage status of the the cpr request and it's showing still progressing through the Royal Mail network. Will this effect my defence? As I it seems it hasn't been received by the claimant. Thanks Ben
                You have sent it and have proof you did so it may well have been held up by the holidays.
                Carry on as normal.

                nem

                Comment


                • #38
                  Re: Claim form Northampton county court business centre

                  many a time people have receipt for Recorded Delivery ( good enough for any court) just take it they received it. Royal (Non Royal) Mail is slap dash on the system of getting receipts (A Paid For Service ( in their case Non Service), many a time I have letter mentioning the letter sent via Recorded so these companies do get them, and proof of sent is good enough!

                  Comment


                  • #39
                    Re: Claim form Northampton county court business centre

                    Ok I will continue as I am, as for the defence? Is that ok? And I'm guessing that's what I use unless I receive any correspondence in the meantime? Do I need to file for an extension to the courts?
                    Thanks Ben

                    Comment


                    • #40
                      Re: Claim form Northampton county court business centre

                      Originally posted by Go1denboi89 View Post
                      Ok I will continue as I am, as for the defence? Is that ok? And I'm guessing that's what I use unless I receive any correspondence in the meantime? Do I need to file for an extension to the courts?
                      Thanks Ben
                      Hi Ben

                      Remove brackets from defence para #5.
                      No re extension to the defence timetable unless the Claimant/sols agree to it. (& it does you no favours anyway)
                      CAVEAT LECTOR

                      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                      You and I do not see things as they are. We see things as we are.
                      Cohen, Herb


                      There is danger when a man throws his tongue into high gear before he
                      gets his brain a-going.
                      Phelps, C. C.


                      "They couldn't hit an elephant at this distance!"
                      The last words of John Sedgwick

                      Comment


                      • #41
                        Re: Claim form Northampton county court business centre

                        Ok cool I've got it on a word doc on my phone so I'll edit it sign and date the 6th then submit it.
                        Thanks Ben

                        Comment


                        • #42
                          Re: Claim form Northampton county court business centre

                          It doesn't have to be in until the !0th of Jan, I believe.
                          If so, I'd wait a few days just in case anything turns up in the post.
                          CAVEAT LECTOR

                          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                          You and I do not see things as they are. We see things as we are.
                          Cohen, Herb


                          There is danger when a man throws his tongue into high gear before he
                          gets his brain a-going.
                          Phelps, C. C.


                          "They couldn't hit an elephant at this distance!"
                          The last words of John Sedgwick

                          Comment


                          • #43
                            Re: Claim form Northampton county court business centre

                            I have a letter from lowells stating if I don't respond by the 6th they have a ccj entered against me? I was under the impression or so I think mike said the 6th would be the deadline?
                            Thanks Ben

                            Comment


                            • #44
                              Re: Claim form Northampton county court business centre

                              Form was issued on 8/12/2016. I worked it out to be the 10th January for the deadline.
                              Ok will wait in the mean time thanks
                              Ben
                              Your post #19
                              If court claim issue date is 08/12/2016, defence due latest 10/01/2017
                              CAVEAT LECTOR

                              This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                              You and I do not see things as they are. We see things as we are.
                              Cohen, Herb


                              There is danger when a man throws his tongue into high gear before he
                              gets his brain a-going.
                              Phelps, C. C.


                              "They couldn't hit an elephant at this distance!"
                              The last words of John Sedgwick

                              Comment


                              • #45
                                Re: Claim form Northampton county court business centre

                                Ok thank you I shall file on the 10th
                                Cheers Ben

                                Comment

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