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Thread: Lowell Portfolio 1 LTD, BW Legal court form, need help and advice please

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  1. #26
    maestro's Avatar

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    Default Re: Lowell Portfolio 1 LTD, BW Legal court form, need help and advice please

    Quote Originally Posted by Diana M View Post
    That's not really "funny".

    It means (or may mean) that they've remedied any s 86 (b) or (c) non compliance issues which may/may not have made their their claim unenforceable in court (until or unless remedied).

    Did you plead s 86 in your Defence?

    Has interest been added to the account since it was defaulted?

    Hopefully you've got other solid legal arguments to defend this claim (my apologies for not reading back through your thread yet but I wanted to answer your direct question).

    Di

    Sorry poor choice of wording re "funny".

    I cant see that I have s 86 b/c on my defence.

    Defence:

    [COLOR=rgba(0, 0, 0, 0.701961)]Claim number: XXXXXXX

    Between
    [/COLOR][COLOR=rgba(0, 0, 0, 0.701961)]Lowell Portfolio 1 Ltd[/COLOR][COLOR=rgba(0, 0, 0, 0.701961)]and XXXXX
    of: XXXXX

    1: I received the Claim No. XXXXX on 13th May 2017 from Northampton county court business centre.

    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 loan agreement regulated by the Consumer Credit Act 1974.


    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 HFC Bank Ltd to Lowell Portfolio 1 Ltd on 23rd December 2011. The Defendant does not recall receiving notice of this assignment.


    7: It is denied that HFC Bank 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.


    8: On the 13th May 2017 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to BW Legal. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.


    9: BW Legal has not sent any of these documents to me.


    10: On 13th May 2017 I sent a formal request for a copy of the original agreement to Lowell Portfolio 1 Ltd pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.


    11: The Claimant has failed to comply with s77 (1) Consumer credit act 1974 and by virtue of s77 (4) 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 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 statements above are true to the best of my knowledge and belief:

    Written by xxxxxxx (Defendant)
    Dated: 13th June 2017
    [/COLOR]

  2. #27
    maestro's Avatar

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    Default Re: Lowell Portfolio 1 LTD, BW Legal court form, need help and advice please

    I'm not totally sure of the length of the loan as I dont have any paperwork for it, but for some reason 60months sounds like the right amount of time I would have agreed too.

    - - - Updated - - -

    I'm panicing now!!!!
    I have to get my witness statement in soon.

  3. #28
    Diana M's Avatar

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    Default Re: Lowell Portfolio 1 LTD, BW Legal court form, need help and advice please

    Quote Originally Posted by maestro View Post
    I'm not totally sure of the length of the loan as I dont have any paperwork for it, but for some reason 60months sounds like the right amount of time I would have agreed.

    Have you sent a Subject Access Request to the original creditor to get the full history of the loan?

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forum’s site rules don’t allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  4. #29
    maestro's Avatar

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    Default Re: Lowell Portfolio 1 LTD, BW Legal court form, need help and advice please

    Quote Originally Posted by Diana M View Post
    Have you sent a Subject Access Request to the original creditor to get the full history of the loan?

    Di
    No, I'll get one drawn up.

    I'm amazed that they can send me an arreas letter that is not from the original creditor, and this can remedy the s87?!!
    In my defence I requested the regulated agreement, Assignment notice and Default notice, none of which I have recieved in the past 4 months - Im guessing if they have them from the creditor they will send them a couple of days before the hearings.

    Do you have any idea what they will argue?

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