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Originally posted by Akhan88
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Shop Direct H/O address is fine. Postal Order from the post office. -
Hi have Acknowledged online and got PDF it don't say any date when I have to submit my defence but 29 was suppose to be date of service so 27th Oct is deadline ? I have sent 3 letters out today as well so by then I shud have received something back from them and be back in uk to prepare to submit defence. Does the mediation usually happen after the defence submission? RegardsOriginally posted by echat11 View PostComment
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Originally posted by Akhan88 View Post
Hi i have received some documents, they have sent me agreement seems ok as it has ny name and my old address i was residing at that time and with terms and conditions, also a letter dated jan 2021 where it says they have bought the debt from shop direct i believe that's the notice of Assignment but no default notice and it says they have asked the original creditor and they would send me once they get it from them but I know they dont have that as they never served me one hence how I won my complaint through financial ombudsman. So what should I do next ?
Regards
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What should I do next prepare my defence even without them supplying me default notice? RegardsComment
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Yes, prepare your Defence.Originally posted by Akhan88 View Post
Although they have provided documents, doesn't mean they are compliant, so the documents need to be checked thoroughly for anomalies.
e) This is an example Defence, copy and paste back to this thread without personal details.
https://legalbeagles.info/library/gu...-court-claims/
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Here is the letters I recieved please check and let me know if its compliantAttached FilesComment
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And theseAttached FilesComment
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They don't need to be looked at, at this time.Originally posted by Akhan88 View Post
They become relevant, regards Mediation, Witness Statement, Hearing etc.
With your Defence you are addressing their Statement of Case.Comment
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So should I just used all of that template as it is and put my details in it. Should I wait and submit defence a but later to benefit from more days as I'm still away till 22nd or just submit now?Comment
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You can lodge with the Court via MCOL online on the 22nd October, don't forget.Originally posted by Akhan88 View Post
Don't forget to copy and paste it here without personal details.Comment
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Ok thanksComment
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Hi I'm writing the defence now and on one point it says the Claimant solicitors has not sent the requested documents but they have other than default notice so I should amend to just that or leave it to all requested document. Also on another point it says as defendant I have asked Claimant to extend the period but I haven't yet so I shud delete that bit or leave as it is ?Comment
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a) The Claimant has failed to provide all the requested documents.Originally posted by Akhan88 View Post
b) Delete the 'Extension' point.Comment
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DEFENCE
1.The Defendant received the claim xxxxx from the Northampton County Court on 29th September 2025.
2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3.This claim is for Catalogue Account agreement regulated under the Consumer Credit Act 1974.
4.It is admitted that the Defendant has [previously] entered into [an agreement/agreement] with [Original Creditor /Claimant] for provision of credit.
5.The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards to the claim.
6.The Claimant’s Particulars of Claim [fail to state when the agreement was entered into.
7.The Claimants statement of case states that the account was assigned from Shop Direct to Lowell on 11.01.2021. The Defendant does not recall receiving notice of this assignment.
8.It is denied that Shop Direct 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. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.
9.On the 30.09.2025 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to OVERDALESSOLICITORS. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.
10.Claimant’s Solicitors have not sent all of these documents to the Defendant.
11.On the 30.09.2025 The Defendant sent a formal request for a copy of the original agreement to LOWELL PORTFOLIO I LTD pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.
12.The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.
16.The Defendant respectfully requests the court orders the Claimants to provide the necessary 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, the Defendant will then be in a position to amend his defence, and would ask that the Claimants 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
[I believe][the (claimant or as may be) believes] that the facts stated in this [name document being verified] are true. I understand] [The (claimant or as may be) understands that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.
Signed ________________________________
Dated ______________________________
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