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Lowell Claim Form

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  • #46
    Re: Lowell Claim Form

    Morning

    Reading ....
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

    Comment


    • #47
      Re: Lowell Claim Form

      Have you missed out the date/claimant bits on para 10?

      10. On the [Date] I sent a formal request for a copy of the
      original agreement to [Claimant] pursuant to section 77/78 of
      the Consumer Credit Act 1974 along with the statutory £1 fee.
      #staysafestayhome

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

      Comment


      • #48
        Re: Lowell Claim Form

        Check numbering - you have para 4 twice.



        maybe amend 4 -

        4: It is denied that the Defendant has entered into an agreement with O2(UK)Ltd for provision of credit.

        then I might add in another para - around para 5

        5: The Claimant has given no detail of how the amount claimed has arisen or been calculated. The Defendant does not recognise the amount claimed.
        #staysafestayhome

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

        Comment


        • #49
          Re: Lowell Claim Form

          Para 15:- The Defendant therefore reserves the right to file and serve an amended statement of case if necessary upon receipt of these documents.


          would this not be a better paragraph Ame? thoughts?

          Comment


          • #50
            Re: Lowell Claim Form

            3: This claim appears to be for an O2(UK)Ltd agreement regulated under the Consumer Credit Act 1974.
            If it were me I'd scrub that bit in bold. The Claimant hasn't mentioned the CCA in their Particulars.
            I'd also not mention either way whether there was any credit involved (para #4).
            Maybe amend to
            'The Claimant has given no detail of the type of agreement, how the amount claimed has arisen or how it has been calculated. The Defendant does not recognise the amount claimed.'
            [MENTION=6]Amethyst[/MENTION]?
            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


            • #51
              Re: Lowell Claim Form

              Thank so much for your help, really appreciate this! How is this now?

              "1: I received the claim ******** from the Northanpton County Court on 09-06-2017




              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 an O2(UK)Ltd agreement




              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. The Claimant has given no detail of how the amount claimed has arisen or been calculated. The Defendant does not recognise the amount claimed.




              6. The Claimants statement of case states that the account was
              assigned from O2(UK)Ltd to Lowell Portfolio on 28-09-2012. The
              Defendant does not recall receiving notice of this assignment.




              7. It is denied that O2(UK)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 19-06-2017 I sent a request for inspection of documents
              mentioned in the claimants statement of case under Civil Procedure
              Rule 31.14 to Lowells Solicitors. I requested the Claimant provide
              copies of the Agreement.




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




              10. On the 19-06-2017 I sent a formal request for a copy of the original agreement to O2(UK)Ltd pursuant to section 77-78
              the Consumer Credit Act 1974 along with the statutory £1 fee.




              11. The Claimant has failed to comply with s77-s78 Consumer Credit
              Act 1974 and by virtue of s77 (4) / s 78 (6) Consumer Credit Act
              1974 cannot enforce the agreement.




              12: I have asked the Claimant if we may formally agree to extend
              the time period allowed for filing of my defence pending receipt
              of documents (as allowed under CPR 15.5), but they have failed to
              respond to this request.




              13. 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.




              14. 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.




              15. 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.




              16. 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


              • #52
                Re: Lowell Claim Form

                *bump*

                Comment


                • #53
                  Re: Lowell Claim Form

                  That sounds good to me. I know it seems a bit vague but there isn't really much else you can do until they provide any form of evidence / documents relating to the claim.
                  #staysafestayhome

                  Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                  Received a Court Claim? Read >>>>> First Steps

                  Comment


                  • #54
                    Re: Lowell Claim Form

                    I just received another letter from Lowell Solicitors,

                    "Important!
                    Notice of Pending County Court Judgment (CCJ)

                    As you are aware, we represent Lowell Portfolio I Ltd and we have issued Legal Proceedings in the form of a County Court Clam which you have failed to repsond to with either a proposal for payment or a reason why this debt is disputed.

                    If you do not contact us or respond to the Claim, we will ask the court to enter a CCJ against you after 13/07/2017. If a CCJ is registered against you and you do not make payment in full within one calendar month, it will remain on your Credit File for 6 years and will make it more difficult for you to obtain further credit, such as a mortgage, credit card, car finance or mobile phone contracts"

                    Then goes on to say what will happen if a CCJ is granted and that I need to contact them if I wish to pay the balance.

                    Is this just them trying to scare me once more? As I have obviously responded, as I sent them a CCA request and they even repsonded to it saying "will will send evidence once received"

                    Comment


                    • #55
                      Re: Lowell Claim Form

                      They just won't have received notification that your defence has been entered yet (it has been entered now hasn't it? )
                      #staysafestayhome

                      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                      Received a Court Claim? Read >>>>> First Steps

                      Comment


                      • #56
                        Re: Lowell Claim Form

                        Entered this morning!

                        Comment


                        • #57
                          Re: Lowell Claim Form

                          Just checked, I had saved it this morning but not submitted, just submitted it now. I know it had to be submitted by 8th June

                          - - - Updated - - -

                          ***8th July I mean!

                          Comment


                          • #58
                            Re: Lowell Claim Form

                            In fact your Defence deadline is not until 4 pm 10th July (i.e. next Monday) so you filed it early

                            Take no Notice of that letter.

                            Di

                            Comment


                            • #59
                              Re: Lowell Claim Form

                              Phew, thank you! I started to worry then.

                              I am now extremely anxious now that I've submitted my defense! I want to ask a load of "what if" and "what next" questions but not sure if it's just going to make me worry even more.
                              Just hoping they accept my defense and drop this case, is this at all likely or will we not know until I hear something?

                              Comment


                              • #60
                                Re: Lowell Claim Form

                                Hi, I have just received another letter off Lowell.

                                "Please find enclosed a copy of the Directions Questionnaire which we have now lodged with the Court. You will shortly receive a copy of the same directly from the Court for completion and return. The Court will use the information contained in both our copy and yours to make decisions about how the case should proceed"

                                In the questionnaire, they have said they agree the small claims track is the appropriate track for this case. They are not asking for the courts permission to use written evidence of an expert. There will be 0 witnesses, including themselves, that will give evidence on their behalf.

                                What should I say on my questionnaire when it arrives? Lowell have still not provided any evidence at all, this is the first I have heard from them since submitting my defense.

                                Thanks

                                Comment

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