A county court claim from Northampton, Overdales Solicitors and. Lowell Portfolio

[justkira]

Okay thanks I got it.
I will post here my defence letter as u asked

[justkira]

Job done. )
hope u like this document i produced
Please feel free and tell me what I have to edit in order to increase my chances 2 win the case



defence letter I will send both by email and physical letter
by post office with proof of postage
( with £1 coin included??)
on 14th February 2024


In the [Northampton County Court Business Centre]

Claim No: [XXXXX]

Lowell Portfolio Ltd

No need address?

Claimant

And

My name no address?

Defendant

DEFENCE

1.The Defendant received the claim [Claim Number] from the Northampton County Court on 12th January 2024

The AoS is made MCOL on 24 of January 2024

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

3.This claim is for Credit Card agreement regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has [previously] entered into an agreement with Original Creditor Capital One for provision of credit card .

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

( here is as requested by ECHAT11 the original letter by letter text from claim form from Northampton civil national business centre)

The claim is for the sum of £1000
due by Defendant under an agreement regulated by the Consumer Credit Act 1974 for a Capital One account with the account reference of xxxxxxxxxxx
The Defendant failed to maintain contractual payments required by The agreement and a Default Notice was served under s. 87(1) of the Consumer Credit Act 1974 which has not been complied with.
The Debt was legally assigned to the claimant on 16-06-23, notice of which has been given to the defendant.
The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum of the date of Assignment to the date of issue of this proceedings in the sum of £37.31

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]

( well... if I recall correctly I talked with someone by the phone... 1 year ago approximately. but... because I owe like all together to 6 or 8 lenders I don't remember who that was exactly )


8.The Claimants statement of case states that the account was assigned from Capital One to Lowell Portfolio Ltd on 16-06-23 .
The Defendant does not recall receiving notice of this assignment.

9.It is denied that 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 7th of February 2024 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.

( what do I do if they sent to me some documents mentioned )

12.On the 7th of February 2024 The Defendant sent a formal request for a copy of the original agreement to Lowell Portfolio Ltd pursuant to section [77 or 78] ?
of the Consumer Credit Act 1974 along with the statutory £1 fee. ? Do I have to put £1 coin in the physical letter?


13.The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

• 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.
•
• ( we shall see what happens)
•
• [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 ( My name) believe the Lowell Portfolio Ltd and Overdales Solicitors believes that the facts stated in this [name document being verified] are true. I understand] [The (claimant or as may be) understands 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 ____my name____

Dated ____14th February 2024____

[justkira]

Dear ECHAT11 You said

E) You need to lodge your Defence with the Court and Overdales Solicitors by 7th February. We can help you with your Defence

But...

How can I start my defence with the civil court if I haven't yet received any answers from original lender, debt buyer and his solicitors?

[justkira]

Please tell me if you think my defence letter looks okay because today 7th of February is my final deadline I have to file it to civil court.
right?

[justkira]

Hello?
please anyone can check my defence letter ✉️ above ?

[justkira]

Do I have 2 send it today or on 14th February?

Do I have to use MCOL website or have 2 use physical letter with proof of postage.?