** DISCONTINUED ** Lowell Portfolio Vs Trev1981

[Trev1981]

The numbers I refer to are the paragraph numbers as in paragraph 7 needed omitted as it was irrelevant.

[Trev1981]

I received this the other day, Now what? img005.pdf , Is this them trying to avoid a hearing or is it just protocol?

[MIKE770]

idiots issue claim then a letter with that content? acting solicitors

[Amethyst]

It's a notice of acting dated 23rd May - so a couple months before the claim was actually issued. Lowell Solicitors are named as acting in the original claim anyway.

What's the notice that's is enclosed? Notice of assignment or a court notice of change of solicitors ?

Any postmark on the envelope with a date?

[Trev1981]

Ooops. Posted the wrong file, sorry, my mistake. It was meant to be this.

2018-12-04 16_10_21-Start.png

[Amethyst]

Ahhh makes more sense lol .... you don't need to do anything until you hear from the court ( they'll request you complete a directions questionnaire - Lowell tend to ge a bit ahead of themselves ) If you haven't received anything in a week give court a call and check with them.

Of course, entirely up to you if you want to take up their offer to negotiate settlement outside court - but after dqs there will be formal mediation. Really depends what documents they supply.

[Trev1981]

Can i just submit my original defence as sent to Northampton ?

2018-12-04 16_03_35-Action Centre.png

[Amethyst]

Oooo that's odd. Let me find your defence that you filed.

[Amethyst]

Actually do you have a copy of exactly what you submitted that you can post please. I see you drafted a defence and then R0b came back with some changes but I can't see the final version you submitted.

How did you submit - on paper or through moneyclaim online?

Also when did you receive that order ? ( I've removed the PDF as it had all your personal details on)

CLAIM

1) The defendant opened a Capital One Credit Card regulated consumer credit account under reference xxxxxxxxx on 20/08/15. (The Agreement)
2) In breach of the Agreement, the Defendant failed to maintain the required payments and the Agreement was terminated.
3) The Agreement was later assigned to the Claimant on 08/09/2017 and written notice given to the Defendant.
4) Despite repeated requests for payment.the sum of £332.76 remains due and outstanding. And the claimant claims
a) The said sum of £332.76
b) Interest pursuant to s69 Count Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.073, but limited to one year, being £22.46
c) Costs

[R0b]

I'm a bit lost here. Why has the judge struck out your defence as having no reasonable cause of action?

What exactly did you submit as your defence - word for word would help.

[Amethyst]

Was this submitted and accepted as the Defence you think?

20th August 2018, 15:13:PM


I've just filled a defence stating " I have requested a copy of the CCA and have not received it from either the solicitor or the claimant". I did not get in until 16:02:02. I tried amending the template but it wouldn't accept it as it was too long so I ran out of time. It looks as they have probably won this time.
Thanks everybody for your help.

If you did submit via MCOL can you check on there if you can see a copy of your defence.

I think that's what it is as then there was the full defence postings

20th August 2018, 16:23:PM


Thanks R0b. I thought as I submitted it late there'd be nothing more I could do. Would this be OK to send

so I suspect that that single line is what went in as your defence and now you need to get a full defence in. ~Will help you later as you'll need to format it properly and print it out to post a copy to court and to the claimant with a covering letter.

Have you had ANYTHING From the claimant inbetween filing your defence and now ?

[pt2537]

You must comply with CPR 16.5 if you dont youre toast. It is sooo soo easy for consumers to overlook the basics, it doesnt matter what Lord Hoffman said in Dimond v Lovell, what matters is that the facts of your case are pleaded.

This is what Rule 16.5 says
Content of defence

16.5

(1) In his defence, the defendant must state –

(a) which of the allegations in the particulars of claim he denies;

(b) which allegations he is unable to admit or deny, but which he requires the claimant to prove; and

(c) which allegations he admits.

(2) Where the defendant denies an allegation –

(a) he must state his reasons for doing so; and

(b) if he intends to put forward a different version of events from that given by the claimant, he must state his own version.

(3) A defendant who –

(a) fails to deal with an allegation; but

(b) has set out in his defence the nature of his case in relation to the issue to which that allegation is relevant,

shall be taken to require that allegation to be proved.

(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.

(5) Subject to paragraphs (3) and (4), a defendant who fails to deal with an allegation shall be taken to admit that allegation.

(6) If the defendant disputes the claimant’s statement of value under rule 16.3 he must –

(a) state why he disputes it; and

(b) if he is able, give his own statement of the value of the claim.

(7) If the defendant is defending in a representative capacity, he must state what that capacity is.

(8) If the defendant has not filed an acknowledgment of service under Part 10, the defendant must give an address for service.

(Part 22 requires a defence to be verified by a statement of truth)

(Rule 6.23 makes provision in relation to addresses for service.)

[Amethyst]

EXAMPLE: Amended from the one R0b did for you as thought it a tad cheeky to complain about lack of particulars and extensions of time when we entered a one liner and it's 5 months later Can put on Word if needed later but need to check the facts and what you have received from the Claimant.

IN THE EXETER COUNTY COURT
Claim No. xxxxxxxx

B E T W E E N

LOWELL PORTFOLIO I LTD
Claimant

-and-


xxxxxxxxxxx
Defendant




DEFENCE



1. In this Defence:

a. except where it is expressly admitted, the Defendant requires the Claimant to prove its claims; and

b. entirely without prejudice to the above requirement, the Defendant denies each and every allegation in the Particulars of Claim.

2. This Defence is filed in response to the Claim issued on 16 July 2018 in respect of an alleged debt under a credit card agreement regulated by the Consumer Credit Act 1974.

3. The Defendant admits that he entered into an agreement with Capital One but it is denied, for the reasons set out in this Defence, that the Claimant is entitled to the sums as alleged or at all.

4. The Defendant does not recognise the sum claimed. Details of transactions made on the account, interest or charges applied to the account and/or terms of the account which allowed for such interest and charges, have not been provided.

5. On the 26th July 2018 the Defendant send a formal request for copies of documents mentioned in the Claimant’s Statement of Case being the Agreement, Notice of Assignment and Default Notice.

6. Further on the 26th July 2018 the Defendant sent a formal written request with the statutory payment of £1 for a copy of the original agreement to the Claimant pursuant to s.78 of the Consumer Credit Act 1974.

7. The Claimant’s Solicitor responded to that request on the 3rd August 2018 and has provided a copy of a Notice of Assignment.

8. The Claimant’s Solicitor stated in the same letter that they had requested their client “obtain copies of the agreement and statement of the original account from Capital One”

9. The Claimant has, to date, failed to provide any further documentation.

10. The Claimant has failed to comply with a formal request under s78 of the Consumer Credit Act 1974 and therefore pursuant to s78(6) cannot enforce the agreement.

11. It is denied that the Claimant is entitled to enforce the agreement because the Claimant failed to serve on the Defendant a default notice contrary to Section 87(1) of the Consumer Credit Act 1974. Further, if (which is not admitted), a default notice was served on the Defendant, the Claimant is required to prove that the said notice complied with the provisions of Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983.

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. The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation to enable the Defendant to further plead his case else the Claim should stand struck out. If 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 Claimant bears the costs of the amendment.

14. In the circumstances, the Defendant denies that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth
The Defendant believes that the facts stated in this Defence are true.

Signed: …………………………………………………..


Name: …………………………………………………..


Date: …………………………………………………..

[Trev1981]

Hey, Just an update, We won!!

I'd just like to take time to thank everybody very much for their excellent help and advice.
Without this website and your help, I probably would just have ignored it and ended up with a CCJ.

Thanks once again.

chazquote.png

[jaguarsuk]

Hey, Just an update, We won!!

I'd just like to take time to thank everybody very much for their excellent help and advice.
Without this website and your help, I probably would just have ignored it and ended up with a CCJ.

Thanks once again.

Probably want to edit all the personal info out the pic...

That said, well done.