Court Claim - LOWELL PORTFOLIO I LTD / HALIFAX - 18-12-2017

[fishoutofwater]

Re: Court Claim - LOWELL PORTFOLIO I LTD / HALIFAX - 18-12-2017

I am really not an expert but was trying to warn you of potential pitfalls.
@Amethyst can you help as the forum is off tomorrow and @Diana M doesn't appear to be online

You could cluck on Diana's name and pop her an email
I think it's di@joannaconnollysolicitors.co.uk but on my phone now so can tell check.

My last day for getting in my defence falls on the 20th [today]. Would that mean I have until Monday to get in a defence. Not sure if today counts as a working day? That gives me a little more time to look into it.

I really appreciate the potential pitfall warning, Warwick. It stops me from making a fool out of myself by sending off a ridiculous defence. I am grateful

[warwick65]

Re: Court Claim - LOWELL PORTFOLIO I LTD / HALIFAX - 18-12-2017

Do not make an offer without exploring possibilities. Even the basic defence you have is worth it if time is pressing. We'll that's my thoughts

[warwick65]

Re: Court Claim - LOWELL PORTFOLIO I LTD / HALIFAX - 18-12-2017

I am really not an expert but was trying to warn you of potential pitfalls.
[MENTION=6]Amethyst[/MENTION] can you help as the forum is off tomorrow and [MENTION=87380]Diana M[/MENTION] doesn't appear to be online

You could cluck on Diana's name and pop her an email
I think it's di@joannaconnollysolicitors.co.uk but on my phone now so can tell check.

[fishoutofwater]

Re: Court Claim - LOWELL PORTFOLIO I LTD / HALIFAX - 18-12-2017

Hi
Responding to your PM as per forum rules

In my opinion, if you did not have a credit card then say that however if you did and deny it at this stage which is later shown to be untrue , say by the production of a signed agreement, how would that look? If I were the Judge I might think, well they lied about that so what else have they lied about.

Clearly I have no idea if you did have a credit card with them

Of course if your credit card was with BOS and they have lumped the whole thing under HBOS then you could , maybe get away with acting slightly dippy and saying - I didn't have a card with Halifax , I didn't know Halifax and BOS were the same although that might be a bit tricky (playing the fool)

Just my thoughts @Diana M - yeah/nay?

The other thing is, in your defence, do you know what the legislation is saying, one problem is that the revised version of the The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.is not available online and is hidden behind a paywall of Westlaw. What is available online is grossly out of date

Hi Warwick. Thankyou for your response.

I havn't the foggiest idea what the legislation is saying. I've copied and pasted an example defence and am trying to work my defence on it. I know very little about consumer legalities and such. Just trying to make the best of a crap situation. And failing badly it seems. I'm almost out of time and I dunno. Maybe i should just give them a call and try and settle at a lower amount.

[warwick65]

Re: Court Claim - LOWELL PORTFOLIO I LTD / HALIFAX - 18-12-2017

Hi
Responding to your PM as per forum rules

In my opinion, if you did not have a credit card then say that however if you did and deny it at this stage which is later shown to be untrue , say by the production of a signed agreement, how would that look? If I were the Judge I might think, well they lied about that so what else have they lied about.

Clearly I have no idea if you did have a credit card with them

Of course if your credit card was with BOS and they have lumped the whole thing under HBOS then you could , maybe get away with acting slightly dippy and saying - I didn't have a card with Halifax , I didn't know Halifax and BOS were the same although that might be a bit tricky (playing the fool)

Just my thoughts [MENTION=87380]Diana M[/MENTION] - yeah/nay?

The other thing is, in your defence, do you know what the legislation is saying, one problem is that the revised version of the The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.is not available online and is hidden behind a paywall of Westlaw. What is available online is grossly out of date

[fishoutofwater]

Re: Court Claim - LOWELL PORTFOLIO I LTD / HALIFAX - 18-12-2017

Did you have a credit card with Halifax?

If you did you need to amend para 4 or else you will be making a false statement of truth

PM sent.

(Para 4 amended.)

[fishoutofwater]

Re: Court Claim - LOWELL PORTFOLIO I LTD / HALIFAX - 18-12-2017

have asked peeps to look in and comment

Thankyou very much. I am very grateful

[warwick65]

Re: Court Claim - LOWELL PORTFOLIO I LTD / HALIFAX - 18-12-2017

Did you have a credit card with Halifax?

If you did you need to amend para 4 or else you will be making a false statement of truth

[MIKE770]

Re: Court Claim - LOWELL PORTFOLIO I LTD / HALIFAX - 18-12-2017

have asked peeps to look in and comment

[fishoutofwater]

Re: Court Claim - LOWELL PORTFOLIO I LTD / HALIFAX - 18-12-2017

Hi and thanks again Mike.

Ok I've drawn up a rough(ish) defence. Hoping somebody could give it a quick run through. Well, more than hoping


1. I received the claim xxxxxxxx from the Northampton County Court on 21^st December 2017.

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 Credit agreement regulated under the Consumer Credit Act 1974.

4. The defendant has no recollection of ever having entered into an agreement with HALIFAX for provision of Credit and until such time the claimant can disclose the necessary documents that this claim relies upon the claimants claim is denied.

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 Claimants statement of case states that the account was assigned from HALIFAX to LOWELL PORTFOLIO I LTD on 2/11/2015. The Defendant does not recall receiving notice of this assignment.

7. It is denied that HALIFAX 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 19/1/2018 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to LOWELL SOLICITORS. I requested the Claimant provide copies of the [Agreement, Assignment, Proof of written notice].

9. LOWELL SOLICITORS has not sent any of these documents to me.

10. On the 19/1/2018 I sent a formal request for a copy of the original agreement to LOWELL PORTFOLIO I LTD pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee. (77 or 78)???

11. 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. (not sure which one i need to remove)?

12. 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.

13. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

14. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

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




I hope I have not messed it up.. Appreciate it's Sat night and most people wont be around.

Thanks,

[MIKE770]

Re: Court Claim - LOWELL PORTFOLIO I LTD / HALIFAX - 18-12-2017

good idea minus personal info, sure others will look over for you

[fishoutofwater]

Re: Court Claim - LOWELL PORTFOLIO I LTD / HALIFAX - 18-12-2017

Thanks alot Mike.

Should I post my defence here for examination by people of experience before i send it off online tonight or tomorrow. I think the 20th is the last day I have to send it.

I have been rummaging through all my paperwork as I tend to not throw anything away. I cannot find a default notice which I think should have been sent to me? I have checked my credit file online but i'm not sure if it should be on there or not.

[MIKE770]

Re: Court Claim - LOWELL PORTFOLIO I LTD / HALIFAX - 18-12-2017

Example Defence

[fishoutofwater]

Re: Court Claim - LOWELL PORTFOLIO I LTD / HALIFAX - 18-12-2017

Hello again. Appreciate the help.

I sent off my cpr and cca requests. Highly doubtful i'll hear anything before I file my defence tomorrow though. (My own stupid fault I know ). With ref: cpr request. I asked for assignment, Agreement and proof of written notice. I hope that was enough.

Not quite sure how to proceed about my defence. Are there any example defences for me to get a few idea from.

[Diana M]

Re: Court Claim - LOWELL PORTFOLIO I LTD / HALIFAX - 18-12-2017

Thanks Diana. I'll get onto that straight away. Should i do the cpr request also?

Yes

Di