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Claim form - Lowell Portfolio / Lowell solicitors.

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  • #46
    Re: Claim form - Lowell Portfolio / Lowell solicitors.

    Originally posted by charitynjw View Post
    Imho, put the Claimant's name & address, & the court claim details, on the letter, but send it via the sols.
    Sorry to sound daft - how would I do that? ie what would the format look like?

    Comment


    • #47
      Re: Claim form - Lowell Portfolio / Lowell solicitors.

      Hi all, I ended up sending letters to both Lowell Solitiors and Lowell Portfolio, better safe than sorry.

      I am now drafting my defense. Any help would be greatly appreciated. I am aware some date fields are missing, I don't have those dates to hand right now but will have a rummage around tomorrow to pinpoint those exactly. I would appreciate some feedback in the meantime. Thanks very much in advance.

      Code:
      1: I received the claim [Claim Number] from the [Northampton] County Court on [Date Received]
      
      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 mobile agreement not regulated under the Consumer Credit Act 1974.
      
      
      4: [It is denied] that the Defendant has [previously] entered into [an agreement] with [T-Mobile] 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 Claimants statement of case states that the account was assigned from [t-Mobile] to [Lowell Portfolio] on [12/08/2016]. The Defendant does not recall receiving notice of this assignment.
      
      6: On the [Date] I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to [Claimant's Solicitor]. I requested the Claimant provide copies of the [Agreement, Default Notice and Notice of Assignment] .
      
      
      7. [Claimant's Solicitor] has not sent the agreement to me.
      
      8. 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.
      
      
      9. 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.
      
      
      10. 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.
      
      
      11. It is denied that the Claimant is entitled to the relief as claimed or at all.
      Last edited by captain sam; 17th March 2017, 06:48:AM.

      Comment


      • #48
        Re: Claim form - Lowell Portfolio / Lowell solicitors.

        Any help please? Defense is due tomorrow....

        Thanks in advance

        Comment


        • #49
          Re: Claim form - Lowell Portfolio / Lowell solicitors.

          @Amethist

          Comment


          • #50
            Re: Claim form - Lowell Portfolio / Lowell solicitors.

            Having said early on in your defence that the CCA 1974 does not apply, you can't then go on to refer to it in later points.

            Comment


            • #51
              Re: Claim form - Lowell Portfolio / Lowell solicitors.

              Originally posted by Arcadian View Post
              Having said early on in your defence that the CCA 1974 does not apply, you can't then go on to refer to it in later points.

              I removed what was point 7. How is it looking now? Any help appreciated.

              Comment


              • #52
                Re: Claim form - Lowell Portfolio / Lowell solicitors.

                Originally posted by cptsam View Post
                I removed what was point 7. How is it looking now? Any help appreciated.
                Point 8 also refers to the CCA.

                Comment


                • #53
                  Re: Claim form - Lowell Portfolio / Lowell solicitors.

                  Originally posted by Arcadian View Post
                  Having said early on in your defence that the CCA 1974 does not apply, you can't then go on to refer to it in later points.
                  Thanks, amended. What about point 3&4?

                  Comment


                  • #54
                    Re: Claim form - Lowell Portfolio / Lowell solicitors.

                    Originally posted by cptsam View Post
                    Thanks, amended. What about point 3&4?
                    Not sure about that. As I understand it you are not contesting that an agreement was entered into, but that there were subsequent, unevidenced attempts to make charges for services that remain unclear?

                    Comment


                    • #55
                      Re: Claim form - Lowell Portfolio / Lowell solicitors.

                      Originally posted by Arcadian View Post
                      Having said early on in your defence that the CCA 1974 does not apply, you can't then go on to refer to it in later points.
                      Thanks [MENTION=95271]Arcadian[/MENTION]

                      Anyone can help please? I need to submit defense today by 4pm....

                      Comment


                      • #56
                        Re: Claim form - Lowell Portfolio / Lowell solicitors.

                        For information of thread, this is what was submitted. I hope I haven't done anything fundementally wrong...

                        Code:
                        1: I received the claim xxx from the Northampton County Court on 15 February 2017.
                        
                        
                        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 mobile agreement not regulated 
                        under the Consumer Credit Act 1974.
                        
                        
                        
                        
                        4: It is denied that the Defendant has previously entered into an 
                        agreement with T-Mobile. 
                        
                        
                        
                        
                        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 Claimants statement of case states that the account was 
                        assigned from T-Mobile to Lowell Portfolio on 12/08/2016. The 
                        Defendant does not recall receiving notice of this assignment.
                        
                        
                        6: On 4 March 2017 I sent a request for inspection of documents 
                        mentioned in the claimants statement of case under Civil Procedure 
                        Rule 31.14 to Claimant's Solicitor. I requested the Claimant 
                        provide copies of the Agreement and Notice of Assignment.
                        
                        
                        7. Claimant's Solicitor has not sent the Agreement to me.
                        
                        
                        8. 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.
                        
                        
                        
                        
                        9. 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.
                        
                        
                        
                        
                        10. 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.
                        
                        
                        
                        
                        11. It is denied that the Claimant is entitled to the relief as 
                        claimed or at all.

                        Comment


                        • #57
                          Re: Claim form - Lowell Portfolio / Lowell solicitors.

                          Originally posted by Arcadian View Post
                          Not sure about that. As I understand it you are not contesting that an agreement was entered into, but that there were subsequent, unevidenced attempts to make charges for services that remain unclear?
                          Originally posted by captain sam View Post
                          For information of thread, this is what was submitted. I hope I haven't done anything fundementally wrong...

                          Code:
                          1: I received the claim xxx from the Northampton County Court on 15 February 2017.
                          
                          
                          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 mobile agreement not regulated 
                          under the Consumer Credit Act 1974.
                          
                          
                          
                          
                          4: It is denied that the Defendant has previously entered into an 
                          agreement with T-Mobile. 
                          
                          
                          
                          
                          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 Claimants statement of case states that the account was 
                          assigned from T-Mobile to Lowell Portfolio on 12/08/2016. The 
                          Defendant does not recall receiving notice of this assignment.
                          
                          
                          6: On 4 March 2017 I sent a request for inspection of documents 
                          mentioned in the claimants statement of case under Civil Procedure 
                          Rule 31.14 to Claimant's Solicitor. I requested the Claimant 
                          provide copies of the Agreement and Notice of Assignment.
                          
                          
                          7. Claimant's Solicitor has not sent the Agreement to me.
                          
                          
                          8. 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.
                          
                          
                          
                          
                          9. 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.
                          
                          
                          
                          
                          10. 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.
                          
                          
                          
                          
                          11. It is denied that the Claimant is entitled to the relief as 
                          claimed or at all.
                          Apologies, I've been out this afternoon.

                          Eveything looks fine apart from the fundamental point 4. As I previously stated, if you know that an agreement was entered into, it seems like a mistake to deny it.

                          You are only contesting the extra charges and the fact that you don't know where they originate from, as I understand. So why specifically deny that the defendant has entered into any agreement?

                          Comment


                          • #58
                            Re: Claim form - Lowell Portfolio / Lowell solicitors.

                            Originally posted by Arcadian View Post
                            As I previously stated, if you know that an agreement was entered into, it seems like a mistake to deny it.

                            You are only contesting the extra charges and the fact that you don't know where they originate from, as I understand. So why specifically deny that the defendant has entered into any agreement?
                            I do hope I've misunderstood the advice you're giving the OP on what they should include/exclude in their Defence.

                            You appear to say that the Defendant should not question (put the Claimant on strict proof) the existence of any agreement between them (Defendant) and the original creditor simply because the agreement wouldn't have been regulated by the Consumer Credit Act?

                            Plenty of agreements/contracts are unregulated by the CCA and their validity can still be challenged in court.

                            Only questioning the extra charges could be considered as an admission of the claim, and the Defendant only asking the court to rule on quantum (how much exactly do they owe).

                            Di

                            Comment


                            • #59
                              Re: Claim form - Lowell Portfolio / Lowell solicitors.

                              Originally posted by Diana M View Post
                              I do hope I've misunderstood the advice you're giving the OP on what they should include/exclude in their Defence.

                              You appear to say that the Defendant should not question (put the Claimant on strict proof) the existence of any agreement between them (Defendant) and the original creditor simply because the agreement wouldn't have been regulated by the Consumer Credit Act?

                              Plenty of agreements/contracts are unregulated by the CCA and their validity can still be challenged in court.

                              Only questioning the extra charges could be considered as an admission of the claim, and the Defendant only asking the court to rule on quantum (how much exactly do they owe).

                              Di
                              That's correct, you've misunderstood.

                              Comment


                              • #60
                                Re: Claim form - Lowell Portfolio / Lowell solicitors.

                                Originally posted by Arcadian View Post
                                That's correct, you've misunderstood.
                                I think you are the one who has misunderstood the OP's legal situation when advising them to only contest the quantum of the claim.

                                Originally posted by Arcadian View Post
                                You are only contesting the extra charges and the fact that you don't know where they originate from, as I understand. So why specifically deny that the defendant has entered into any agreement?
                                Diana M

                                Comment

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