Claim form received Lowell (paypal). Help needed

[MIKE770]

by friday to be safe defence is on such a date request for xxxxx document to date not received (format)

[echat11]

Overdales had 7 days to give you the information under the 31.14 request, you could have sent them a follow up request, but time is now short.

You could send the Court a 31.14 application, but that will cost £255 - https://legalbeagles.info/forums/for...rder-at-court=)

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It might be an idea to work on your defence, post it up once you've done a draft version, get it ready by the 1st September (this Wednesday), although your Defence needs to be in by 3rd September (Friday) Use the information you have.

https://legalbeagles.info/library/gu...-court-claims/

R0b

[Gabbi]

Draft a defence using forums template echat11

1. The Defendant received the claim XXXX from the Northampton County Court on 06/08/2021.

2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this defence.

3. This claim is for a PayPal Account agreement regulated under the Consumner Credit Act 1974.

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 Claimant's Particulars of Claim fail to state when the agreement was entered into, there are no details as to when the alleged default occurred, the degree of default, despite request for information from the Defendant; the Claimant has not provided any details as to how the sums claimed have accrued.

6. The Claimants statement of case states that the account was assigned from PayPal to Lowell Portfolio I Ltd on 29/01/2020. The Defendant does not recall receiving notice of this assignment.

7. It is denied that PayPal 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.

8. On the 20/08/2021 The Defendant senda request for inspection of documents mentioned in the claimant's statement of case under Civil Procedure Rule 31.14 to Overdales Solicitors. The Defendant requested the Claimant provide copies of the Agreement, Default Notice, Notice of Assignment and Breakdown of the claim sum of £ XXX.

9. Overdales Solicitors has not sent any of these documents to the Defendant.

10. 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.

11.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.

12.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.

13.It is denied that the Claimant is entitled to the relief as claimed or at all.

Thanks

[echat11]

3.This claim is for a PayPal Account agreement regulated under the Consumer Credit Act 1974.

Can you edit your Defence, add spaces between the points to make it easier to read.

[Gabbi]

3.This claim is for a PayPal Account agreement regulated under the Consumer Credit Act 1974.

Can you edit your Defence, add spaces between the points to make it easier to read.

Done echat11

[echat11]

I'd change these minor details.

8. On the 20/08/2021 The Defendant sent a request for inspection of documents mentioned in the claimant's statement of case under Civil Procedure Rule 31.14 to Overdales Solicitors.The Defendant requested the Claimant provide copies of the Agreement, Default Notice, Notice of Assignment and Breakdown of the claim sum of £ XXX.

It reads well, hopefully R0b can take a look.

[Gabbi]

I'd change these minor details.

8. On the 20/08/2021 The Defendant sent a request for inspection of documents mentioned in the claimant's statement of case under Civil Procedure Rule 31.14 to Overdales Solicitors.The Defendant requested the Claimant provide copies of the Agreement, Default Notice, Notice of Assignment and Breakdown of the claim sum of £ XXX.

It reads well, hopefully R0b can take a look.

Change the 8 and waiting rob to have a look before sumbit it.
Thanks echat11

[echat11]

I don't think R0b will be able to review it because of time constraints (we don't want you to miss the deadline), If you're happy with it, you can email it to the court. - ccbcaq@justice.gov.uk

Post it to Overdales Solicitors (their address is on claim documents), ask for Certificate of Posting (keep safe).

[Gabbi]

I don't think R0b will be able to review it because of time constraints (we don't want you to miss the deadline), If you're happy with it, you can email it to the court. - ccbcaq@justice.gov.uk

Post it to Overdales Solicitors (their address is on claim documents), ask for Certificate of Posting (keep safe).

Thanks echat11 I will submit online and post to Overdales Solicitors on today. Do i need email to the court as well?

[echat11]

Thanks echat11 I will submit online and post to Overdales Solicitors on today. Do i need email to the court as well?

This is the email address ( ccbcaq@justice.gov.uk ) for Northampton County Court Business Centre (that's where the claim form sent to you came from), so you just need to send it to ccbcaq@justice.gov.uk and post to Overdales Solicitors, make sure you get Certificate of Posting.