br74649 vs lowell portfolio 1

[br74649]

Re: br74649 vs lowell portfolio 1

I currently don't intend to counterclaim, but really they write the swim stuff to everyone, we don't have to show an agreement, it's not CCA, these games they play do cause me stress and anxiety. Happy to remove

[charitynjw]

Re: br74649 vs lowell portfolio 1

Unfortunately, with claims of this type it is almost impossible to claim/counterclaim for distress.

[br74649]

Re: br74649 vs lowell portfolio 1

Thanks very much for your help

[Amethyst]

Re: br74649 vs lowell portfolio 1

Just tidied it up a bit for you.


1: The Defendant received the claim XXXXX from the Northampton County Court Bulk Centre on 20th May 2017

2: Each and every allegation in the Claimant’s statement of case is denied unless specifically admitted in this defence.

3: The Claimant's statement of case contends that their claim is for a defaulted balance under an agreement between the Defendant and BT PLC.

4: The Defendant is unaware of any agreement between himself and BT PLC.

5: It is denied that any sum is owed, or has been owed in the past, to BT PLC. There has been no statement supplied showing how the alleged sum has been calculated.

6: The Defendant has never had a telephone or other service that may have been supplied by BT PLC terminated.

7: The Claimant's statement of case fails to state the address that the alleged service was supplied to, the type of service provided nor any date of termination. The Defendant is unable to research the Claimant's claims without further information.

8: The Claimants statement of case states that the account was assigned from BT PLC to Lowell Portfolio. The Defendant does not recall receiving any notice of such an assignment.

9: The Defendant avers that the Claimant’s pleadings are an abuse of process. The Claimant’s pleadings are lacking detail, despite a request for information by the Defendant, the Claimant has not provided any details as to how the sums claimed have accrued. Accordingly the Defendant contends that the pleadings are wholly inadequate for a contested matter and that the Claimant should be required to plead its case coherently and accurately as required by the CPR 16 and PD 16. The Defendant reserves the right to replead his defence should the Claimant replead its claim adequately

10: The Defendant accepts the claim was issued in the Northampton County Court Bulk Centre and that there are restrictions on pleading. However the bulk centre rules clearly state that if you cannot plead in the allowed number of characters then you should not use the Bulk Centre or in the alternative the Claimant was at liberty to issue and set out that particulars were to follow.

11: In summary the Claimant’s statement of case fails to give adequate information to enable the Defendant to properly assess his position with regards the claim

12: In order to try and find out more information about the Claimant's claim, on the 18th May 2017 the Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case to the Claimant's solicitor, as he is entitled under Civil Procedure Rule 31.14.

13. It was requested that Claimant provide copies of the alleged agreement and proof of Assignment, as mentioned in the Claimant's particulars of claim, along with evidence of the termination of service.

A: The Claimant's solicitor replied with a copy of a notice of instruction, and a copy of a letter from the Claimant instructing Lowells solicitors, both dated 7th April 2017. This is not evidence of assignment of the debt from BT PLC to Lowell, only that Lowell Portfolio have instructed Lowell Solicitors to act for them.

B: None of the documentation requested was supplied.

C: The Claimant's letter contends that as this account is not regulated by the Consumer Credit Act 1974 the creditor is not obliged to provide a copy of the alleged agreement.

14: The Defendant disagrees, where a claim has not yet been allocated a track, CPR 31.14 states that a party may inspect a document mentioned in the particulars of claim. The claimant has disclosed an agreement, termination and an assignment. The defendant requested inspection of the disclosed documents.

15: 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. The Claimant has not provided any information relating to the claim despite requests.

16: I request the court orders the Claimants to provide relevant documentation in order for the Defendant to fully plead his case else the Claim should stand struck out.

17: In the event that the relevant documents are received from the Claimant’s the Defendant will be in a position to amend his defence, and would ask that the Court orders the Claimant to bear the costs of the amendment.

18: 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.

[br74649]

Re: br74649 vs lowell portfolio 1

Thanks so much for this amethyst, I will send it straight off.

Thanks everyone, this forum is wonderful

Kindest Regards

T