how to defend claim once its set aside

[s4mcr0]

I do understand it but for some of the sections ill have to send these letters out in time for the 21 day deadline? And do these need to be sent to lowell and littlewoods? I just want to do the best process in place as i can do without the ccj's as my credit score is a mess as it is

[Amethyst]

Will give you a hand what to send where in morning xxx

[Amethyst]

Okay, letters to help with defence, CCA request is important and Lowell must comply with it to be able to enforce the agreement ( ie get judgment in court ), CPR request is, well, basically cause your draft defence says you sent it and they didn't reply... and hopefully will get you more information, and the SAR request to Littlewoods to find out if there were/are any issues with the account that might assist your defence.

send this to Lowell with a £1 postal order,

Your name
Your Address

14th September 2018

Lowell Portfolio
Ellington House,
9 Savannah Way,
Leeds LS10 1AB

Dear Sirs,

REF: Littlewoods / Cabot FInancial v S3MCR0 claim reference XXXXXXX

With reference to the agreement referred to in your above referenced County Court Claim, I would be grateful if you would send me a copy of this credit agreement.
I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a legible copy of my credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.
I understand a copy of the credit agreement should be supplied within 12 working days.
I look forward to hearing from you.

Kind Regards,

S4MCR0

This to Littlewoods

[Your full name and address]

14th SEPTEMBER 2018

Littlewoods
c/o Shop Direct Finance Company Limited
Aintree Innovation Centre,
Park Lane,
Netherton,
Bootle, L30 1SL.


Dear Sirs

Subject access request ( Data Protection Act 2018 / General Data Protection Regulations (GDPR) )


Please supply the data about me that I am entitled to under data protection law relating to myself. I would particularly like to receive any documentation, screen notes, transaction lists, letters, and communications with third parties on any and all accounts that may have been held in my name.

To assist with identifying the relevant data [my previous address is xxxxxxxxxx , my date of birth is xxxxxxxxxx].

If you need any more data from me to confirm my identity please let me know as soon as possible. It may be helpful for you to know that data protection law requires you to respond to a request for data within one calendar month.

If you do not normally deal with these requests, please pass this letter to your Data Protection Officer, or relevant staff member. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you. Its website is ico.org.uk or it can be contacted on 0303 123 1113.

Yours faithfully


[Signature]

and this to Lowell Solicitors

Your name
Your address
Your postcode
14th September 2018
Lowell Solicitors Ltd
PO Box 1419
Northampton
NN2 1BU
Dear Sirs,
Claim Number: XXXXXX
Request for documents mentioned in a statement of case under CPR 31.14
Following an application and hearing, the judgment obtained by default in the above claim was set aside by District Judge XXXXXXX sitting at xxxxxxxxxxxxx County Court, on xxxxxxxxxxxxxxx 2018, and I therefore am preparing my Defence to the claim. The only information I currently have is that detailed in your Particulars of Claim and I am unable to fully consider my position with regards the claim without more detail.

I therefore require inspection of documents you mention in your statement of case ahead of filing my defence on21st September 2018, being;
1. Agreement / Contract and Terms
2. Default Notice / Notice of Termination
3. Notice of Assignment
4. Copies of previous requests for payment.
You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

For your information, I have also sent a request for the agreement pursuant to Consumer Credit Act 1974 and a Subject Access Request to Littlewoods to try and find out more detail. I look forward to hearing from you.
Yours sincerely
Your Name

[Amethyst]

Then you can make a start on your defence ( which will need re-doing to suit the case ) to be filed by the 24th Sept.

[s4mcr0]

sorry for the late reply, been really busy all day. i cant thank you enough , i will get these printed out over the weekend and sent out signed for? recorded? first thing monday morning. im just really unsure as to how i edit a defence in the correct manner for it to hold some weight. once again thank you for the letter templates.

[s4mcr0]

hi ive done all the letters and sent them off recorded signed for, my only worry is if they dont reply in time for a defence.

[MIKE770]

your defence would be they have not responded to request, be honest do you want them to reply,(hope they cannot fulfill) many will not but can at a later down the court system line?

[s4mcr0]

well no them not replying would be great but i was only given 21 days which is the 20/09 to file a defence to the court. but im totally lost as to what to do next and time is running out fast. surely i need to file some sort of defence to the court but my way with words and finding the correct template to edit is at a total loss and im now going into panic mode

[MIKE770]

Example Defence amend to suit situation i.e. on such a date CPR31.14 reguested recorded delivery still outstanding


on such a date a request was made and still out standing etc

as per item 19 above did you start your defence???????????

[MIKE770]

Amethyst

[s4mcr0]

no ive not started as im at a loss as where or how to start. how to amend the defence what to keep on or what to remove. im sorry for all this but im in total panic mode now

[MIKE770]

await Ame might be best to help you there

[s4mcr0]

yeah i was hoping to speak to Ame as the help ive had so far has been fantasic

[s4mcr0]

Amethyst
when you have a spare bit of time could you help go through the defence for me, as im starting to feel abit edgy towards the whole thing as it all needs to be done by the end of next week and its really staring to get me down now. many thanks in advance

[Amethyst]

Will merge threads and give you a hand getting your defence sorted later on Please try not to worry - this is a small claim and nothing awful is going to happen to you - honestly !