Lowell court claim

[Furbinka]

Hello everyone.

I read all your help you gave to other user and I would be grateful if you could help me.

I received Claim form from lowell solicitors on 8th of May. After reading all your posts I decided to defense the claim.


I sended of acknowledgment of servis on 11th of may online, but I putted tick in I intend to defend part of this claim by mistake. Shall i contact the court and tell them that I intend to defend all of this claim please?

Secondly, I prepared 2 letters which I will send of tomorrow to lowells, one is requesting copy of credit agreement and full breadown of account, and second is CPR18.

What I have problem with, is prepare Defense.
Particulars of Claim are as follow:
1 Defendant opened a very regulated consumer credit account on 19/05/2009
2 In breach of the agreement, the defndat failed to maintain the required payments and the Agreement was terminated
3 Agreement was later assigned to the claimant on 29/10/2018 and written notice given to Defendant ( I never received the Notice or a Preaction protocol letter of claim)
4 Despite repeated request for payment the sum 1471.52 remain due and outstanding. And the claimant claims
a) the said sum of £1471.52
b) interest pursuant to s69 Count Courts act 1984 at the rate of 8% per annum
c) costs

Would you be able to help me with defense for this claim please
Thank you very much Furbinka

[Furbinka]

I was thinking something like this as a defence?


I. The Defendant denies monies are owed to the Claimant as alleged in the Particulars of Claim and does not recognise the assertion that any debt has been Legally Assigned to the Claimant and as such the Claimant is put to the strictest of proof, including but not limited to:
I. Pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974) the Original Signed Consumer Credit Agreement, along with a copy of the original Terms & Conditions and any subsequent changes in said Terms & Conditions (referred to as the ‘Regulated Agreement’ within the Particulars of Claim) and show how the Defendant has entered into an agreement.
II. Show how the Claimant has reached the amount claimed by proving a full Statement of the Account referred to, including details of all payments made and calculation of how interest was charged against each item listed, leading to the Alleged Debt ofDe1471.52
. III. Also, as this is an Alleged Debt, I believe Penalty Charges may have been applied to the Account and as such may be unlawful under the Unfair Consumer Contract Terms Regulations 1999. Therefore, I would request details of each and every Penalty Charge applied to the Account along with details of their lawfulness (i.e. if the charge is stated as being for ‘Administration’ what Administration was undertaken to support the Penalty Charge being applied) along with details of any Interest imposed against each Penalty Charge applied.
IV. Show how and when the agreement was breached and provide notice by way of Notice of Sums in Arrears served by the Original Owners along with a copy of the Default Notice from the original owners of the Alleged Debt and Certified Copies of how this was served upon the Defendant.
V. Show how the Claimant has the legal right, either under statute or equity to issue a claim by providing the following: a) A copy of the Default Notice referred to in the Particulars of Claim and Certified Copies of how this was served upon the Defendant, again as referred to in the Particulars of Claim. b) As claimant has stated the debt was ‘assigned to the claimant on 29/10/2018 a copy of the Legal Assignment, including, but not limited to a copy of the Deed of Assignment and / or Deed of Tripartite Novation. c) A copy of how the Defendant was served with the aforementioned Legal Assignment. d) A copy of the Alleged Notice of Assignment sent by the original creditor to the Defendant and details of how this was Served upon the Defendant. e) Details of the costs paid by the Claimant to the Original Owner for the Alleged Assignment of the Agreement on 29/10/2018 (as referenced in Section 3 of the Particulars of Claim). VI. As per Civil Procedure rules 16.5(4), it is expected that the Claimant prove the allegation (as set out in the Particulars of Claim) that the money is owed.
VII. Also, should any amount be inclusive of interest, the Defendant denies interest is payable in accordance with Section 69 of County Courts Act 1984 and again the Claimant is put to the Strictest of Proof.
VIII. Also, in my defence, I am not a Solicitor and after having read the Particular of Claim I cannot see any legislation has been quoted in support of the Claimants claim against me, which leaves me unsure under which Statutory Instrument this Claim has been brought. Therefore, again to be able to properly defend this claim I would request full details of the actual legislation the Claimant believes gives them a right to make this claim, as surely no claim can succeed without this being quoted in the Particulars of Claim? Statement of Truth I believe the facts stated in this defence are true. ………………………………….. 2015 (your NAME)

[MIKE770]

before you send anything STOP read information, CPR18?? you are going off tangent and will show Lowells etc that you have little knowledge?
CCA Request


CPR 31.14 Request asking for items named in POC only anything else irrelevant at this stage & can be requested later

[MIKE770]

send in Defences to get there the day or so before due, that way they do not have time to rubbish your defence

[charitynjw]

and / or Deed of Tripartite Novation.

Absolutely definitely do not put this in your defence.
This is often used by FMOTL....the court will not be amused!
https://en.wikipedia.org/wiki/Freemen_on_the_land

[Furbinka]

Isn't CPR 18 request for more informations?

[Furbinka]

I. The Defendant denies monies are owed to the Claimant as alleged in the Particulars of Claim and does not recognise the assertion that any debt has been Legally Assigned to the Claimant and as such the Claimant is put to the strictest of proof, including but not limited to:
I. Pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974) the Original Signed Consumer Credit Agreement, along with a copy of the original Terms & Conditions and any subsequent changes in said Terms & Conditions (referred to as the ‘Regulated Agreement’ within the Particulars of Claim) and show how the Defendant has entered into an agreement.
II. Show how the Claimant has reached the amount claimed by proving a full Statement of the Account referred to, including details of all payments made and calculation of how interest was charged against each item listed, leading to the Alleged Debt ofDe1471.52
. III. Also, as this is an Alleged Debt, I believe Penalty Charges may have been applied to the Account and as such may be unlawful under the Unfair Consumer Contract Terms Regulations 1999. Therefore, I would request details of each and every Penalty Charge applied to the Account along with details of their lawfulness (i.e. if the charge is stated as being for ‘Administration’ what Administration was undertaken to support the Penalty Charge being applied) along with details of any Interest imposed against each Penalty Charge applied.
IV. Show how and when the agreement was breached and provide notice by way of Notice of Sums in Arrears served by the Original Owners along with a copy of the Default Notice from the original owners of the Alleged Debt and Certified Copies of how this was served upon the Defendant.
V. Show how the Claimant has the legal right, either under statute or equity to issue a claim by providing the following: a) A copy of the Default Notice referred to in the Particulars of Claim and Certified Copies of how this was served upon the Defendant, again as referred to in the Particulars of Claim. b) As claimant has stated the debt was ‘assigned to the claimant on 29/10/2018 a copy of the Legal Assignment, including, but not limited to a copy of the Deed of Assignment and / or Deed of Tripartite Novation. c) A copy of how the Defendant was served with the aforementioned Legal Assignment. d) A copy of the Alleged Notice of Assignment sent by the original creditor to the Defendant and details of how this was Served upon the Defendant. e) Details of the costs paid by the Claimant to the Original Owner for the Alleged Assignment of the Agreement on 29/10/2018 (as referenced in Section 3 of the Particulars of Claim). VI. As per Civil Procedure rules 16.5(4), it is expected that the Claimant prove the allegation (as set out in the Particulars of Claim) that the money is owed.
VII. Also, should any amount be inclusive of interest, the Defendant denies interest is payable in accordance with Section 69 of County Courts Act 1984 and again the Claimant is put to the Strictest of Proof.
VIII. Also, in my defence, I am not a Solicitor and after having read the Particular of Claim I cannot see any legislation has been quoted in support of the Claimants claim against me, which leaves me unsure under which Statutory Instrument this Claim has been brought. Therefore, again to be able to properly defend this claim I would request full details of the actual legislation the Claimant believes gives them a right to make this claim, as surely no claim can succeed without this being quoted in the Particulars of Claim? Statement of Truth I believe the facts stated in this defence are true


This is my cpr18 request

[Furbinka]

Sorry wrong copy and paste. Will update shortly

[charitynjw]

Isn't CPR 18 request for more informations?

CPR 18 is used more as an interrogatory (ie asking questions)
CPR 31 is the correct route for requesting disclosure of documents, unless the claim has already been allocated to Small Claims track.

[Furbinka]

This is my CRP18 I'm planning on sending them

Dear Sirs,

Re: (Claimant's name) v (Your name) Case No:

CPR18 Preliminary Request for further information / clarification

On the Xxxxx 2015, I received the Claim Form in this case issued by you out of the Northampton County Court.

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest your entire claim.

Prior to the issue of proceedings I had delivered a request for the production of the Agreement referred to in the Particulars of Claim, and on which you intend to rely. That request was ignored.

Please treat this letter as my Preliminary Request for further information made, under CPR Part 18 for the following, including any documentation mentioned within the particulars of Claim, for which I request the production of a verified and legible copy) please accept this request by way of Service upon You:

1.The agreement, including the specific Terms at the point the alleged Agreement was made and any subsequent changes. You will appreciate by reason of the provisions of CPR 39.a (3.3) requires The originals of the documents contained in the trial bundle, together with copies of any other court orders should be available at the trial. Further, that any general conditions incorporated in the contract should also be attached.

2. The deed of assignment.
3. All notices of assignment.
4. The default warning letter.
5. The default notice.
5.1 Termination Notice.

6. I deny any indebtedness to the Claimant but particularly deny they are due statutory interest on the alleged amount of £xxx.xx and as such I request full disclosure of the amount the Claimant alleges to have paid for this alleged debt.

7. Also, I would request under Civil Procedure Rule 39 PD 39a (3.3) the originals of any documents upon which you, the claimant intends to rely, are brought to any subsequent hearing for examination

You should ensure compliance with your CPR 18 duties and ensure that the information I have requested is collated and received by me within 14 days of receiving this letter. Failure to produce the information requested will result in an Application to the Court to order the information be provided.

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

Please note that if you should fail to comply with this request, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

Yours faithfully

Thank you for all your help

[charitynjw]

This is my CRP18 I'm planning on sending them

See post #9

[MIKE770]

This is my CRP18 I'm planning on sending them

Dear Sirs,

Re: (Claimant's name) v (Your name) Case No:

CPR18 Preliminary Request for further information / clarification

On the Xxxxx 2015, I received the Claim Form in this case issued by you out of the Northampton County Court.

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest your entire claim.

Prior to the issue of proceedings I had delivered a request for the production of the Agreement referred to in the Particulars of Claim, and on which you intend to rely. That request was ignored.

Please treat this letter as my Preliminary Request for further information made, under CPR Part 18 for the following, including any documentation mentioned within the particulars of Claim, for which I request the production of a verified and legible copy) please accept this request by way of Service upon You:

1.The agreement, including the specific Terms at the point the alleged Agreement was made and any subsequent changes. You will appreciate by reason of the provisions of CPR 39.a (3.3) requires The originals of the documents contained in the trial bundle, together with copies of any other court orders should be available at the trial. Further, that any general conditions incorporated in the contract should also be attached.

2. The deed of assignment.
3. All notices of assignment.
4. The default warning letter.
5. The default notice.
5.1 Termination Notice.

6. I deny any indebtedness to the Claimant but particularly deny they are due statutory interest on the alleged amount of £xxx.xx and as such I request full disclosure of the amount the Claimant alleges to have paid for this alleged debt.

7. Also, I would request under Civil Procedure Rule 39 PD 39a (3.3) the originals of any documents upon which you, the claimant intends to rely, are brought to any subsequent hearing for examination

You should ensure compliance with your CPR 18 duties and ensure that the information I have requested is collated and received by me within 14 days of receiving this letter. Failure to produce the information requested will result in an Application to the Court to order the information be provided.

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

Please note that if you should fail to comply with this request, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

Yours faithfully

Thank you for all your help

Are you listening to posters??? or wasting our valuable time??

[Furbinka]

Yes. Sorry, I'm listening to all of you, just trying to put my head around all...never been in this situation before.

Ok, so I will send CPR 31.14.

Should I send CCA as well please?

[charitynjw]

Yes. Sorry, I'm listening to all of you, just trying to put my head around all...never been in this situation before.

Ok, so I will send CPR 31.14.

Should I send CCA as well please?

If you have not yet done so, then yes, send one (along with the £1 payment) asap. (I normally get a postal order.)
Get proof of posting

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

[Furbinka]

Thank you. All done for now.