How to proceed Day 27?

[Cynicalism]

Hi there


I received a county court claim from Lowell and unfortunately due some health reasons
(Attending to family members heart surgery) I only managed to acknowledge the claim yesterday.

The claim was issued on the 18th of April ... My question is do I enter a defense and file the
CCA Request, CPR 31.14 Request, Subject Access Request all within the same day as
TODAY ? I really want to avoid this CCJ


Received a claim? Yes
Issue Date: 18/04/2019
Have you Acknowledged the Claim?: Yes
Total Amount Claimed : ( £400)
Claimant’s Name:Lowell Portfolio Ltd
Solicitors Firm: Lowell Solicitors
Original Creditor: Vanquis
Original Debt ( Credit card ) :
Particulars of Claim: See below
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): Yes
List any letters you have sent : 0
Any Other Information or Background Details:


Here are the particulars of the claim.


1) The Defendant entered into a Consumer Credit Act 1974 regulated agreement with Vanquis under account reference.
2)The Defendant failed to maintain the required payments and arrears began to accrue.
3)The Agreement was later signed to the Claimant on 29/09/2017 and notice given to the defendant.
4) Despite repeated request for payment, the sum of £286.74 remains due and outstanding
And the Claimant claims
a)The said sum of £286.74
b)Interest pursuant to s69 County 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 £0.063, but limited to one year being£22.94
c)Costs

[ostell]

You may find that you already have a default judgment entered against you. Logon to MCOL to check or phone up the court. If the acknowledgement has been accepted then you have till day 33 after the date of issue to get the defence to court.

You only file the defence with the court, the other items are requested from the claimant not the court

[Cynicalism]

You may find that you already have a default judgment entered against you. Logon to MCOL to check or phone up the court. If the acknowledgement has been accepted then you have till day 33 after the date of issue to get the defence to court.

You only file the defence with the court, the other items are requested from the claimant not the court

I just logged in and this is what I see. There is no default anywhere

A claim was issued against you on 18/04/2019
Your acknowledgment of service was submitted on 14/05/2019 at 15:19:14
Your acknowledgment of service was received on 14/05/2019 at 16:05:11



What do you recommend in this case ? File the requests immediately and then file my defense to the court ?

[ostell]

You have 33 days from the 18/04 to get your defence to the court so that gives a couple of days. Send the requests immediately, why are you talking about file the requests you are sending the requests to the claimant. You won't get any info back in time for the preparation of you defence but miss you defence and you may (probably) find a default against you.

[Cynicalism]

You have 33 days from the 18/04 to get your defence to the court so that gives a couple of days. Send the requests immediately, why are you talking about file the requests you are sending the requests to the claimant. You won't get any info back in time for the preparation of you defence but miss you defence and you may (probably) find a default against you.

Well what defense do you recommend then ?

[ostell]

How would I know ?? You have not given any details.

[Cynicalism]

How would I know ?? You have not given any details.

Well I guess I can ask for an extension then file a defense under CPR15.5 ?

[MIKE770]

read threads you need to get the idea of what is good / bad / or other, you have to help yourself, only then can people advise but not if things are not known/listed, alternative is get a solicitor???

[Cynicalism]

read threads you need to get the idea of what is good / bad / or other, you have to help yourself, only then can people advise but not if things are not known/listed, alternative is get a solicitor???

Apologies to you and the poster above. I thought the information I provided was sufficient.

I have used the edit function to amend it now. I've sent off the requests to the claimant so
Any additional guidance is appreciated.

[Cynicalism]

You have 33 days from the 18/04 to get your defence to the court so that gives a couple of days. Send the requests immediately, why are you talking about file the requests you are sending the requests to the claimant. You won't get any info back in time for the preparation of you defence but miss you defence and you may (probably) find a default against you.

Lowell sent a letter stating they would ask the court to enter judgement tomorrow. I appreciate your timely response
but i'm lost here in terms of how to proceed since I can't prepare a defense. I've edited the above post so perhaps
that helps ?

[ostell]

Normally you look around at other defences for the same, or as near as, reason. Your defence would be for what good reason the debt was not paid.

You might be able to save it if you get a defence to the court today, before 4

[Cynicalism]

Normally you look around at other defences for the same, or as near as, reason. Your defence would be for what good reason the debt was not paid.

You might be able to save it if you get a defence to the court today, before 4

I cave because the reason is due to my card issuer switching services and delaying the payment . I'm going to call them and pay £40 then try to work a payment plan.

[Cynicalism]

Normally you look around at other defences for the same, or as near as, reason. Your defence would be for what good reason the debt was not paid.

You might be able to save it if you get a defence to the court today, before 4

Tried to bargain with them to forego the judgement. They wanted an admission and a £40 fee
. I told her my other creditor just accepted the payment plan no frills. She said no.
I asked if I could an extension to receive and inspect the documents for my defense.
She said no. I asked again referencing the CPR 15.5. Still no.

Screw it then...ended up filing this defense at 15:57 exactly.

Who knows where it will go from here

1.The Defendant received the claim F2HK47R0 from the Northampton
County Court on 23/04/2019.
2.Each and every allegation in the Claimants statement of case is
denied unless specifically admitted in this Defence.
3.This claim is for a Credit Card agreement regulated under the
Consumer Credit Act 1974.
4.It is admitted that the Defendant has [previously] entered into
agreement with Vanquis for provision of credit.
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.
7.On the 15/05/2019 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 Solicitors. I requested the
Claimant provide copies of the [Agreement, Default Notice and
Notice of Assignment].
8. 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.
9.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.

10.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.

11.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.

12.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.

[Cynicalism]

I haven't heard back from mediation or received any of the documentation I requested.

[MIKE770]

wait to see