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Hi,
I hope you can help. I'm trying to help my friend who is not computer literate who has received a County Court Claim for accounts taken out in his name by his ex.
Details:
Issue Date: 7.6.2022
Have you Acknowledged the Claim?: Yes
Total Amount Claimed : £7,200
Claimant’s Name: Lowell Portfolio Ltd
Solicitors Firm: Overdales
Original Creditor: JD Williams and Capital One
Original Debt Credit card x 2, catalogue x 2
Particulars of Claim:
The claim comprises the following Agreements the defendant entered into:
a. JD Williams & Co Ltd Ref ..... Current balance £.........
b. JD Williams & Co Ltd Ref ..... Current balance £.........
c. Capital One (Europe) Plc Ref ..... Current balance £........
d. Capital One (Europe) Plc Ref ..... Current balance £........
The agreements were terminated as payments were not maintained and susequently assigned to the claiment.
And the claimant claims
a) The total sum of ......
b) interest at the rate of 8% per annum from the date of assignment to the date of issue, but limited to 1 year, being £......
c) costs
Is the debt Statute Barred - No
List any letters you have sent - eg: CCA & CPR sent on 13th June - Notices of assigments are the only documents that have been recieved on 30th June along with a letter listing dates accounts were opened and balances.
Any Other Information or Background Details:
My friend did not take these accounts out. They were taken using his details and an email that she had set up similar to his actual email but a gmail account rather than his actual Virgin Media email. She paid them for a few months then stopped. She destroyed all letters received and only admitted all of this when the County Court Claim form arrived.
This is the draft defence we have written so far, and we would appreciate help in making sure this is correct. I'm also confused as to if he should deny or admit he took the credit out point 4 as he genuinely did not know about these accounts and it seems wrong to admit to them.
1.The Defendant received the claim xxxxxxxxxxxxx from the County Court Business Centre on 11th June 2022.
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 Catalogue Accounts and Credit Card agreements regulated under the Consumer Credit Act 1974.
4.It is admitted / denied that the Defendant has entered into agreements with JD Williams and Capital One 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 the claim.
6.The Claimant’s Particulars of Claim [fail to state when the agreements were entered into.
7.The Claimants statement of case states that the accounts were assigned from JD Williams and Capital One. The Defendant does not recall receiving notice of this assignment.
9.It is denied that JD Williams and Capital One 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.
10.On the 13th June 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. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.
11.Overdales Solicitors has not sent default notices or the Agreements to the Defendant. Notice of Assignments have been sent.
12. On the 13th JuneThe Defendant sent a formal request for a copy of the original agreement to Lowells pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.
13.The Claimant has failed to comply with s 78 (1) (Consumer Credit Act 1974 and by virtue of 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.
14.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.
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 that the facts stated in this Defence are true. I understand 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 ________________________________
Thank you in advance,
James
I hope you can help. I'm trying to help my friend who is not computer literate who has received a County Court Claim for accounts taken out in his name by his ex.
Details:
Issue Date: 7.6.2022
Have you Acknowledged the Claim?: Yes
Total Amount Claimed : £7,200
Claimant’s Name: Lowell Portfolio Ltd
Solicitors Firm: Overdales
Original Creditor: JD Williams and Capital One
Original Debt Credit card x 2, catalogue x 2
Particulars of Claim:
The claim comprises the following Agreements the defendant entered into:
a. JD Williams & Co Ltd Ref ..... Current balance £.........
b. JD Williams & Co Ltd Ref ..... Current balance £.........
c. Capital One (Europe) Plc Ref ..... Current balance £........
d. Capital One (Europe) Plc Ref ..... Current balance £........
The agreements were terminated as payments were not maintained and susequently assigned to the claiment.
And the claimant claims
a) The total sum of ......
b) interest at the rate of 8% per annum from the date of assignment to the date of issue, but limited to 1 year, being £......
c) costs
Is the debt Statute Barred - No
List any letters you have sent - eg: CCA & CPR sent on 13th June - Notices of assigments are the only documents that have been recieved on 30th June along with a letter listing dates accounts were opened and balances.
Any Other Information or Background Details:
My friend did not take these accounts out. They were taken using his details and an email that she had set up similar to his actual email but a gmail account rather than his actual Virgin Media email. She paid them for a few months then stopped. She destroyed all letters received and only admitted all of this when the County Court Claim form arrived.
This is the draft defence we have written so far, and we would appreciate help in making sure this is correct. I'm also confused as to if he should deny or admit he took the credit out point 4 as he genuinely did not know about these accounts and it seems wrong to admit to them.
1.The Defendant received the claim xxxxxxxxxxxxx from the County Court Business Centre on 11th June 2022.
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 Catalogue Accounts and Credit Card agreements regulated under the Consumer Credit Act 1974.
4.It is admitted / denied that the Defendant has entered into agreements with JD Williams and Capital One 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 the claim.
6.The Claimant’s Particulars of Claim [fail to state when the agreements were entered into.
7.The Claimants statement of case states that the accounts were assigned from JD Williams and Capital One. The Defendant does not recall receiving notice of this assignment.
9.It is denied that JD Williams and Capital One 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.
10.On the 13th June 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. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.
11.Overdales Solicitors has not sent default notices or the Agreements to the Defendant. Notice of Assignments have been sent.
12. On the 13th JuneThe Defendant sent a formal request for a copy of the original agreement to Lowells pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.
13.The Claimant has failed to comply with s 78 (1) (Consumer Credit Act 1974 and by virtue of 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.
14.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.
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 that the facts stated in this Defence are true. I understand 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 ________________________________
Thank you in advance,
James
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