Overdales / Lowell / Next Claim Form received

[ian_mac]

Thanks for all of your help to date, it is really appreciated. Defence has been emailed and a copy sent to Overdales.
Just to make sure, i don't need to do anything else on Money Claim at the moment do i for the defence? Is it just a case of sitting tight now and seeing what they come back with?
Thanks, Ian

[echat11]

a) I also don't know if the claimant has failed to comply do i?

Don't worry, I'm sure they'll respond in due course.

b) They may provide the documents i have requested at a later date?

Yes, the important thing is to get the requests in.

Read through the Defence below, make sure it's correct. I've removed the limitation / extension paragraphs as they don't apply.

Email the Defence to the Court as an attachment.

Email it to: ccbcaq@justice.gov.uk (you should get an automatic email from the Court acknowledging that they have received it)

In the email subject line write - Claim No: XXXXXXXXX - DEFENDANTS DEFENCE - XXXXXXXXXXX V XXXXXXXXX

Remember to post a copy to Overdales solicitors, make sure you get Proof of Postage.

DEFENCE

1.The Defendant received the claim KXXXXXX from Northampton County Court on 14 April 2023.

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 a Catalogue Account agreement regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has previously entered into an agreement with Next 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 agreement was entered into.

7.The Claimants statement of case states that the account was assigned from Next to Lowell Portfolio I Ltd on 30 June 2021. The Defendant does not recall receiving notice of this assignment.

8.It is denied that Next 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 5 May 2023 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.

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

11.On the 5 May 2023 the Defendant sent a formal request for a copy of the original agreement to Lowell Portfolio I Ltd pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

12.The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 Consumer Credit Act 1974 cannot enforce the agreement.

13.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.

14.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.

15.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.

16.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.

[ian_mac]

Hi, is it possible to get some feedback on this please? I need to enter my defence early next week. Thanks in advance

[ian_mac]

Hi, i have started the defence draft. Sections in red, i am assuming i delete as i don't know at this stage if it is statute barred and i haven't requested more time? I also don't know if the claimant has failed to comply do i? They may provide the documents i have requested at a later date?

Could i ask for any feedback please? Am i on the right lines?
Thanks in advance.
Ian

DEFENCE
1.The Defendant received the claim KXXXXXX from Northampton County Court on 19 April 2023.
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 a Catalogue Account agreement regulated under the Consumer Credit Act 1974.
4.It is admitted that the Defendant has previously entered into an agreement with Next 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 agreement was entered into.
7.[The Defendant contends the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years]
8.The Claimants statement of case states that the account was assigned from Next to Lowell Portfolio I Ltd on 30 June 2021. The Defendant does not recall receiving notice of this assignment.
9.It is denied that Next 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 5 May 2023 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 any of these documents to the Defendant.
12.On the 5 May 2023 the Defendant sent a formal request for a copy of the original agreement to Lowell Portfolio I Ltd 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 s 78 Consumer Credit Act 1974 cannot enforce the agreement.
14. The Defendant have asked the Claimant if we may agree to extend the time period allowed for filing of the defence pending receipt of documents (as allowed under CPR 15.5), but they have declined. [The Parties agreed to an extension to the time period allowed for filing of the defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.]
15.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 [name document being verified] 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.

[echat11]

Do i need to put it in now? I believe i have until 17th May and was going to wait a week and see if i get a response from CCA / CPR / SAR? They were only sent on Thursday to Lowell / Overdale.

Because of the Bank Holidays, I doubt you will get anything back before the 17th May.

[ian_mac]

Email Overdale's / Court explain that you've Acknowledge of Service.

Do you want to get your Defence in?

Do i need to put it in now? I believe i have until 17th May and was going to wait a week and see if i get a response from CCA / CPR / SAR? They were only sent on Thursday to Lowell / Overdale.

[echat11]

Hi, I received a letter in the post yesterday titled Notice of pending County Court Judgement from Overdales dated 4th May.
It states i have failed to respond to the County Court Claim.

The claim was issued against me on 14/04/2023
Acknowledgment of service was submitted on 03/05/2023 at 09:52:56
Acknowledgment of service was received on 03/05/2023 at 12:05:09

Have i got my dates all wrong and this has gone in too late? Do i need to be worrying now that i haven't got the 14 extra days or just continue as outlined above? If i'm ok which i believe i am, is it ok to just ignore this new letter? Thanks in advance.

Email Overdale's / Court explain that you've Acknowledge of Service.

Do you want to get your Defence in?

[ian_mac]

Hi, I received a letter in the post yesterday titled Notice of pending County Court Judgement from Overdales dated 4th May.
It states i have failed to respond to the County Court Claim.

The claim was issued against me on 14/04/2023
Acknowledgment of service was submitted on 03/05/2023 at 09:52:56
Acknowledgment of service was received on 03/05/2023 at 12:05:09

Have i got my dates all wrong and this has gone in too late? Do i need to be worrying now that i haven't got the 14 extra days or just continue as outlined above? If i'm ok which i believe i am, is it ok to just ignore this new letter? Thanks in advance.

[echat11]

a) CCA and CPR will be sent today with proof of postage. Do i also need to find out if it is statute barred as i am unsure on when the last correspondence was?

Send them a Subject Access Request, they have 30 days to provide all the data on the account over a 6 years period, make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

b) Defence has to be submitted by 17 May i believe (claim form was issued on 14 Apr) so any tips on what next would be appreciated.

Here is an example defence, you have most of the info, if you have a go at it, post it up on this thread without personal details, then I can take a look, do it about 3 days before it's due. Your defence has to be filed with the Court and a copy sent to the creditor's solicitors, make sure you get Proof of Postage.

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

[ian_mac]

Thanks for coming back to me and for your advice to date.

CCA and CPR will be sent today with proof of postage. Do i also need to find out if it is statute barred as i am unsure on when the last correspondence was?

Defence has to be submitted by 17 May i believe (claim form was issued on 14 Apr) so any tips on what next would be appreciated.

[echat11]

Hi Ian_Mac

Welcome to LB

Calm down, it should be o.k.

a) You can Acknowledge of Service online via MCOL, (deny to all) that will give you an extra 14 days to file your defence, so that's 14 + 14, 28 days (plus 5 days postal) from the date on the claim form, make a note in your diary, You need to get your Defence in before that date. Update the thread so help can be provided for your defence.

b) Send the CCA request, make sure you get Proof of Postage -

https://legalbeagles.info/library/gu...etter-example/

c) Send the CPR 31.14 request, make sure you get Proof of Postage -

https://legalbeagles.info/library/gu...-of-documents/