Lowell court claim

[Furbinka]

Hello again.

So I did acknowledged a service on 13th of May.
I send CPR31.14 and CCA request to Lowell's and they recieved it on 15th of May.

I checked moneyclaim.gov for my claim today and its says Judgment was made against you on 15th of May!!!

Please help. How is this possible please. What are my next options.

[charitynjw]

Hello again.

So I did acknowledged a service on 13th of May.
I send CPR31.14 and CCA request to Lowell's and they recieved it on 15th of May.

I checked moneyclaim.gov for my claim today and its says Judgment was made against you on 15th of May!!!

Please help. How is this possible please. What are my next options.

What is the issue date of the court claim? (Front top R/H/S of N1 claim form.)

[Furbinka]

8th of May

[charitynjw]

8th of May

Ok.
You must file a defence regardless of whether or not you hear from the Claimant.
You need to do so within 33 days of the claim issue date. (28 days + an extra 5 allowed for service of the claim.)
I make that Monday 10th June, but my math is abysmal, so please check for yourself.

[Furbinka]

Ok I will do that. But what about the judgment which was already issued?
thank you

[Furbinka]

This is what it says on my money claim online

Your acknowledgment of service was submitted on 11/05/2019 at 10:38:38

Your acknowledgment of service was received on 13/05/2019 at 01:12:49

A judgment was issued against you on 15/05/2019 at 19:13:53

[pt2537]

This is what it says on my money claim online

Your acknowledgment of service was submitted on 11/05/2019 at 10:38:38

Your acknowledgment of service was received on 13/05/2019 at 01:12:49

A judgment was issued against you on 15/05/2019 at 19:13:53

Judgment? I cant see how but that is a mandatory to set aside if the claim was issued on 8th may as your time to acknowledge service hadnt expired.

[Furbinka]

Yes I dont understand it either. Anyone has a suggestion what I should do next please?
thank you

[MIKE770]

Judgment? I cant see how but that is a mandatory to set aside if the claim was issued on 8th may as your time to acknowledge service hadnt expired.

Set Aside Application

[pt2537]

Set Aside Application

Im not sure we are at that stage yet, a set aside would be something to pursue if we actually receive a formal judgment. I would suggest speaking with the Court, to find out whether Judgment has been entered, or whether its a computer error.

[Furbinka]

I called court. Apparently Claimant, Lowell's completed admission form, hence judgment was issued.
I still have a form on me tho.
Court now going to write to Lowells and request Admission form.

Should I submit defence asap, or should I wait for reply from court?

[Furbinka]

Can someone please have a look at this defence draft, and see if something shoul be changed.
Thank you very much for your help.


In the Northampton County Court Business Centre
Claim No: xxxx
XXXXX
Claimant
And
Lowell Portfolio I LTD
Defendant
DEFENCE
1.The Defendant received the claim xxxxx from the Northampton County Court on 10th of May 2019.

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 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 Very, Littlewoods/Additions Direct for provision of credit. But it is denied that the Defendant has previously entered into agreement with Claimant.

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 states the agreement was entered into on 19/05/2009.

7.The Claimants statement of case states that the account was assigned from Very/Littlewoods/Additions Direct to Claimant on 29/10/2018. The Defendant does not recall receiving notice of this assignment.

8.It is denied that Very/Littlewoods/Additions Direct 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 13th of May The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Lowell Soliciotors. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

10.Lowell solicitors has not sent any of these documents to the Defendant.

11.On the 13th of May The Defendant sent a formal request for a copy of the original agreement to Lowells Portfolio pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

12.The Claimant has failed to comply with s78(1) Consumer Credit Act 1974 and by virtue of s78(6) Consumer Credit Act 1974 cannot enforce the agreement.

13. 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 never replied.

14.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.
15.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.

16.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
The Defendant believes that the facts stated in this Defence are true.
Signed ________________________________
Dated ________________________________

[charitynjw]

If it were me I'd probably make a brief mention of that suspect CCJ as well.

[Furbinka]

CHARITYNJW

I'm waiting to hear from court, if they gonna cancel that judgment or not. But thank you

[Furbinka]

So I just recieved email from Lowell's.

Any thought on this please?

We can confirm receipt of your letter on 15 May 2019. (my CCA and CPR31.14)As Judgment has now been entered, our Client is not obliged to provide you with the requested documentation.

Thank you