Défense to Amended Particulars of Claim

[CubeBQue]

Dear jaguarsuk and other Beagles,
After the gauntlet, I am under Court Direction to File & Serve my Défense to Amended/Pleased Particular of Claim [PPOC] in three [3] days. I have the PPOC in Pdf format along with a cover letter from Lowell Solicitors on behalf of their client, Lowell Portfolio. I would appreciate your kind examination of the document and your advice on a possible defence of this claim BUT I do not know how to upload the docs privately. Please advise. Thank you. Q

[CubeBQue]

'Pleaded' [NOT 'Pleased'] PPOC. Above. Sorry Typo + panic.

[CubeBQue]

Hello friend, trying to contact you [Pvt Msg] re: my urgently required defence and your assessment of Pleaded Particulars of Claim BUT have no means by which to redact the personal details as the PPoC is a pdf file in an email. Please advise how I can get this to you asap. As I must file and serve by Thursday.
Thanx. Q. To tag jaguarsuk.

[R0b]

You've left it very late to be honest, and you must have had more than 3 days to file a defence as no court would have given you that limited amount of time.

We have absolutely no information about the history of your case, what the court order says, whether you previously filed a defence, why Lowell have filed an amended particulars of claim and if they were allowed to serve the amended particulars by email - so many questions.

JaguarsUK was last online on 8 May so you might not get a reply before the deadline. I'm tagging Amethyst or EXC to see if they can help to redact otherwise you'll have to do that yourself and then upload the redacted version.

[CubeBQue]

Thanks for your kind help rob. I'm friend-surfing until I get back to work on 05th July, so I only received the Order on Thursday when I rotated back to East Sussex. Lowell were under directions by the Court to file & serve their Pleaded Particulars after I filed & served my defence. Which was effectively, that I did not recognise the debt [credit card accounts in question] nor had I entered into any agreement with Lowell. I am unable to redact their amended Particulars because it is a .pdf file in an email and I don't have the ability to edit or print and blank-out. I DO recognise my signature on the agreements with Cap1 and Vanqis [both from 2017ish][so NOT statute barred] BUT just wondered if I have any other defence to this Lowell demand? Thankx again to you and to Amethyst and to @EXE if they see this mayday and come to the rescue.

[EXC]

Send me the documents and I'll redact the personal info and post them up.

nick@legalbeaglesgroup.com

[CubeBQue]

Thank you more than I can Nick. Sent.

[EXC]

I've redacted and attached the particulars but not the 55 pages of exhibits as it would take me all day and would exceed the file size I could post post here, and probably that important.

It's not my area so paging R0b and Celestine

[CubeBQue]

Wow! Nick! I swear, I wanna be like you guys someday. Thank you for everything. Q.

[R0b]

Thanks EXC.

CubeBQue Obviously without seeing the exhibits, any help we can give is going to be limited but here's my initial thoughts.

1. You mentioned that you did not enter into an agreement with Lowell. The PoC says the accounts were with Capital One and Vanquis, do you recognise these accounts, do the timelines fit? The debt was then assigned to Lowell who purchased the debt, so any defence that you did not enter into an agreement with Lowell is of no relevance. They bought the debt and therefore step into the shoes of the creditor.

2.They claim that the Capital One contract was signed electronically and the Vanquis was signed (presumably by hand) do you remember this? Do the signatures look like yours?

3. Did you receive default notices for both these accounts?

4. The order from the court saying Lowell had to file and serve the PoC but was there a deadline to comply and what were the consequences of failing to file and serve the PoC if any?

It would seem they have the necessary evidence to put this claim to bed and win it but I guess it turns on the evidence they have provided and your recollection of whether you ever entered into these agreements. If you can't remember then it will be up to the judge to determine whether it was more likely than not that you entered into the agreements.

[CubeBQue]

Dear @EXE; Nick; rob; @Amethyst and Celestine, you'll never know. Thank you all for just being there. I hope I get your guidance before my 16:00 deadline tomorrow but I'm grateful either way. Thank you.

[CubeBQue]

Dear @EXE, Nick and/or rob, please can you tell me if it is the date of the agreement OR the date on which the debt was incurred OR the date of the Default Notice; which makes a claim statute barred? I ask because the agreement on one of the two cards was made in Oct 2014 [over 6 years ago]. AND the 'signature ' on the other card's agreement is not my signed signature but instead, my name in Block Letters. Please advise asap. Thank you. Q.

[Celestine]

An account becomes time barred six years after the date of last payment/acknowledgment of the debt or the date of expiry of a default notice. Not the date of account opening.