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Re: Claim 2 (Lowells)
Also ready to complete defence for this one. Could someone please confirm this is OK:
1. I received the claim [CLAIM NO] from the Northampton County Court on 18th April 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 Credit Card agreement regulated under the Consumer Credit Act 1974.
4. The Claimants statement of case states that the account was assigned from Vanquis to Lowell Portfolio Ltd Investments Limited on August 4th 2013. The Defendant does not recall receiving notice of this assignment. The claimant is required to prove the account was legally assigned according to the Law of Property Act 1925.
5. The Defendant contends that any alleged debt would be statute barred by virtue of section 5 of the Limitations Act 1980 in that she has not made payment nor made any acknowledgment of this debt in more than 6 years up to the date of issue of this claim.
6. 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.
7. On the 22nd April 2017 I sent a formal request for a copy of the original agreement to Lowell Portfolio Limited pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.
8. On the 22nd April 2017 I sent a request for inspection of documents mentioned in the claimant’s 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 has not sent any of these documents to me.
10. 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.
11. 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.
12. 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.
13. 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.
14. 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.
Also ready to complete defence for this one. Could someone please confirm this is OK:
1. I received the claim [CLAIM NO] from the Northampton County Court on 18th April 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 Credit Card agreement regulated under the Consumer Credit Act 1974.
4. The Claimants statement of case states that the account was assigned from Vanquis to Lowell Portfolio Ltd Investments Limited on August 4th 2013. The Defendant does not recall receiving notice of this assignment. The claimant is required to prove the account was legally assigned according to the Law of Property Act 1925.
5. The Defendant contends that any alleged debt would be statute barred by virtue of section 5 of the Limitations Act 1980 in that she has not made payment nor made any acknowledgment of this debt in more than 6 years up to the date of issue of this claim.
6. 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.
7. On the 22nd April 2017 I sent a formal request for a copy of the original agreement to Lowell Portfolio Limited pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.
8. On the 22nd April 2017 I sent a request for inspection of documents mentioned in the claimant’s 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 has not sent any of these documents to me.
10. 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.
11. 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.
12. 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.
13. 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.
14. 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.
Comment